Terms and Conditions
1. Orders and Acceptance
All orders are subject to acceptance by WARE (“Seller”). Seller reserves the right to reject or cancel any order at its discretion, including after order confirmation.
2. Pricing and Payment
All prices are stated in U.S. dollars and are subject to change without notice. Payment must be received in full before shipment unless otherwise agreed in writing. Customer is responsible for all applicable taxes, duties, and fees.
3. Shipping and Delivery
Shipping dates are estimates only. Seller is not liable for delays in shipping or delivery. Risk of loss transfers to Customer upon shipment from Seller’s facility or supplier. Title transfers upon full payment.
4. Returns and Cancellations
All sales are final unless Seller agrees otherwise in writing. Special order, custom, or non stock items are non returnable. Any approved returns may be subject to restocking fees and must be unused and in original condition.
5. Warranties
Products are subject solely to the manufacturer’s warranty, if any. Customer assumes responsibility for determining product suitability for its intended use. SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability
To the fullest extent permitted by law, Seller shall not be liable for any claims arising out of or relating to the sale, use, installation, or performance of any product, whether based in contract, tort (including negligence), strict liability, or otherwise.
IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, loss of revenue, loss of use, downtime, business interruption, or costs of substitute goods, even if Seller has been advised of the possibility of such damages.
Customer agrees that the remedies available under these Terms are Customer’s sole and exclusive remedies with respect to any products purchased through the Site.
7. Indemnification
Customer shall defend, indemnify, and hold harmless Seller and its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to Customer’s purchase, use, installation, resale, or misuse of any product, or Customer’s violation of these Terms.
8. Use and Installation
Customer is responsible for determining product suitability, proper installation, and compliance with all applicable codes and regulations. Seller is not responsible for installation or misuse.
9. Governing Law
These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to conflict of laws principles.
10. Entire Agreement
These Terms constitute the entire agreement between Seller and Customer regarding purchases made through the Site and supersede any prior or contemporaneous agreements or communications.