The Barrel Source Terms and Conditions
of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT")
VERY CAREFULLY.
TERMS AND CONDITION OF SALE
TERMS AND CONDITION OF
USE
BY VISITING, BROWSING,
SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED
BY The Barrel Source YOU AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS.
Important
Information About This Legal Contract
You agree to this User Agreement, and
all of its terms and conditions, by visiting, browsing, shopping,
accessing or otherwise using the Site. These terms and conditions are
subject to change without prior notice at any time, in The Barrel Source's
sole discretion. By visiting, browsing, shopping, accessing or otherwise
using the Site after a change has been posted to the Site, the Customer
accepts that change. Customers should check this User Agreement and the
Privacy Pledge frequently
Acceptance of
Contract Terms
This User Agreement, and all of its terms
and conditions, constitute a legal contract between you and The Barrel
Source (References to "you" or "your" shall relate to a customer of The
Barrel Source or other party that visits, browses, shops, accesses or
otherwise uses the Site (the "Customer"); references to "The Barrel
Source" shall relate to The Barrel Source and its affiliates.) By
visiting, browsing, shopping, accessing or otherwise using this site
("Site"), you acknowledge that you have read, understood, and agree to be
bound by this User Agreement and comply with all applicable laws and
regulations, including U.S. export and re-export control laws and
regulations. If you do not agree to this User Agreement, as it may be
changed by The Barrel Source from time to time, do not use this Site. The
material provided on this Site is protected by law, including, but not
limited to, United States copyright law and international treaties. This
Site is controlled and operated by The Barrel Source from its offices
within the United States. The Barrel Source makes no representation that
materials in the Site are appropriate or available for use in other
locations, and access to them from territories where their contents are
illegal is not authorized. Those who choose to access this Site from other
locations do so on their own initiative and are responsible for compliance
with applicable local laws.
Any claim relating to, and the use of, this
Site and the materials contained herein is governed by the laws of the
state of TX without regard to conflict of law rules. You consent to
jurisdiction of the federal and state courts located in Cameron County, TX
to hear any such claims.
Access,
Interference and Linking
The Barrel Source grants you a limited
license to access and make personal use of the Site and not to download
(other than page caching) or modify it, or any portion of it, except as
provided below under "Use Restrictions," or with express written consent
of The Barrel Source.
The following activity on the Site is expressly
prohibited: Any non-personal or commercial use of any robot, spider, other
automatic device, or manual process to monitor or copy portions of the
Site or the content contained herein without prior written permission by
The Barrel Source; collection or use of any product listings,
descriptions, or prices, from the Site for the benefit of another merchant
that supplies products competitive with or comparable to those offered on
the Site; and, Any use of, visits to, or other action that imposes an
unreasonable or disproportionately large load on the Site, or otherwise
interferes with its proper and timely
functioning.
Any unauthorized use
terminates the license granted by The Barrel Source.
You are granted a
limited, revocable, and nonexclusive right to create a hyperlink to the
home page of the Site so long as the link does not portray The Barrel
Source, its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use any
The Barrel Source logo or other proprietary graphic or trademark as part
of the link without express written permission.
The Barrel Source does
not review or control third-party sites that link to or from the Site, and
is not responsible for the contents of any third-party sites linked to or
from the Site.
Use
Restrictions
The copyright in all material provided on
this Site is held by The Barrel Source or by the original creator of the
material. Except as stated herein, none of the material may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, without the
prior written permission of The Barrel Source or the copyright owner.
Permission is granted to display, copy, distribute and download the
materials on this Site for personal, non-commercial use only, provided you
do not modify the materials and that you retain all copyright and other
proprietary notices contained in the materials. This permission terminates
automatically if you breach any of these terms or conditions. Upon
termination, you must immediately destroy any downloaded or printed
materials. You also may not, without The Barrel Source 's prior written
permission, "mirror" any material contained on this Site on any other
server. Any unauthorized use of any material contained on this Site may
violate copyright laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes.
All trademarks and
registered trademarks are the sole property of their respective owners.
Photographs courtesy of respective manufacturers. The Barrel Source and
the Circle of Service logo are trademarks of The Barrel Source Copyright ©
2002 The Barrel Source.
Microsoft and the Passport
Logo are either registered trademarks or trademarks of Microsoft
Corporation in the United States and/or other countries and are used under
license from Microsoft.
Limitation of
Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE, SHALL The Barrel Source BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE
INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF The Barrel Source OR
A The Barrel Source AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE
RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR
DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration
By accessing the Site and using the
information therein available and/or by purchasing any products or
services made available through this Site, you agree with The Barrel
Source, its service providers, agents, employees, successors, assigns,
affiliates, parents, subsidiaries and any content provider or offer or of
goods or services on this Site or through any other associated activity,
that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR
DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES,
WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE
ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY
AND FINALLY BY BINDING ARBITRATION under the Code of Procedure of
ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is
filed. The Code is available at http://www.arbitration-forum.com or can be
obtained by calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this User Agreement, this arbitration agreement is
subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York
Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208
or as codified in the jurisdiction where enforcement of the award is
sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Brownsville, TX. Each
party shall bear its own cost of any legal representation, discovery, or
research required to complete arbitration.
Privacy
Please review our Privacy Notice, which also
governs your visit to this Site.
You are responsible for maintaining
the confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility for all
activities that occur under your account or password. If you are under 18,
you may use the Site only with a parent or guardian. The Barrel Source
reserves the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in its sole discretion.
Communications to The Barrel Source
Any communication or
material you transmit to the Site by electronic mail or otherwise,
including any data, questions, comments, suggestions, or the like is, and
will be treated as, non-confidential and non-proprietary. Anything you
transmit or post may be used by The Barrel Source for any purpose,
including but not limited to reproduction, disclosure, transmission,
publication, broadcast, and posting. Furthermore, The Barrel Source is
free to use any ideas, concepts, know-how, or techniques contained in any
communication you send to The Barrel Source or the Site for any purpose
whatsoever, including but not limited to developing, manufacturing and
marketing products using such information.
Copyright
Complaints
If you believe that your work has been
copied in a way that constitutes copyright infringement, please
contact:
The Barrel Source
223 Paredes Line Road
Brownsville TX,
78521
Phone: 8005569740
Email:
webmaster@thebarrelsource.com
Disagreement
with These Terms and Conditions
If you disagree with any of the terms and
conditions of this User Agreement, please do not visit, browse, shop,
access or otherwise use this Site.
The
Barrel Source Terms and Conditions of Sale
PLEASE READ THESE TERMS
AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS
SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER
HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH The Barrel Source. IN
WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important
Information About This Legal Contract
This Sale Agreement
is a legal contract between the Customer and The Barrel Source. The
Customer accepts this Sale Agreement by making a purchase, placing an
order, or otherwise shopping on the Site. (References to "you" or "your"
shall relate to the Customer; references to "The Barrel Source" shall
relate to The Barrel Source and its affiliates.) The terms and conditions
of this Sale Agreement are subject to change without prior notice, except
that the terms and conditions posted on the Site at the time the Customer
initially places or modifies an order will govern the order in
question.
This Sale Agreement
constitutes the entire agreement between the Customer and The Barrel
Source relating to the purchase or sale of goods or services on the Site.
The Sale Agreement may only be modified or terminated with regard to goods
or services that have been purchased or sold on the Site in a writing
signed by The Barrel Source. Electronic records (including signatures),
that are otherwise valid, shall be accepted under the Sale Agreement. The
Customer consents to receiving electronic records, which may be provided
via a web browser or e-mail application connected to the Internet;
consumers may withdraw consent to receiving electronic records or have the
record provided in non-electronic form by contacting The Barrel Source at
the address provided below.
In the event of any conflict
between the terms and conditions stated on your purchase order and this
Sale Agreement or any terms and conditions on our invoice, you agree that
the provisions of this Sale Agreement and our invoice shall control.
Governing
Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF TX, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE
CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS
LOCATED IN Cameron COUNTY, TX FOR PURPOSES OF ANY SUIT, ACTION OR
PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk
of Loss
Title to goods herein being purchased is retained by the seller
until goods are paid for by the purchaser and at that time title passes to
the purchaser. Loss or damage that occurs during shipping by a carrier
selected by The Barrel Source is The Barrel Source's responsibility. Loss
or damage that occurs during shipping by a carrier selected by Customer is
Customer's responsibility. Title to software will remain with the
applicable licensor(s).
Export
Sales
If goods herein being purchased are being purchased for purposes of
export, the Customer must obtain from the federal government certain
export documentation before shipping to a foreign country. In addition,
manufacturers' warranties for exported goods may vary or even be null and
void for goods exported outside the United States. The Customer should
inquire further regarding any questions. Any and all liability is only for
the products purchased.
General Legal
Disclaimer
The Barrel Source HEREBY EXPRESSLY DISCLAIMS
ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS
DISCLAIMER BY The Barrel Source IN NO WAY AFFECTS THE TERMS OF THE
MANUFACTURER'S WARRANTY, IF ANY.
Internet
Disclaimer
Internet connectivity requires access
services from an Internet access provider. Contact your local access
provider for rates, terms and conditions.
56K
Disclaimer
56K modems are capable of 56Kbps downloads,
however, current regulations limit download speed to 53Kbps.
Third-Party
Product and Y2K Disclaimer
All products sold by The Barrel Source are
third party products and are subject to the warranties and representations
of the applicable manufacturers, including but not limited to Y2K
compliance. Accordingly, The Barrel Source makes no representation or
warranty with respect to the Y2K compliance of products
sold.
Pricing and
Information Disclaimer
All pricing subject to change. For all
prices, products and offers, The Barrel Source reserves the right to make
adjustments due to changing market conditions, product discontinuation,
manufacturer price changes, errors in advertisements and other extenuating
circumstances. High volume bids are welcome!
While The Barrel Source
uses reasonable efforts to include accurate and up-to-date information on
the Site, The Barrel Source makes no warranties or representations as to
the Site's accuracy. The Barrel Source assumes no liability or
responsibility for any errors or omissions in the content on the Site.
Limitation of
Liability
The Barrel Source WILL NOT BE LIABLE FOR
LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT,
OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
The Barrel Source WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING
AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER
AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR
SERVICES, The Barrel Source IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF
DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE
PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER
IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE,
AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE
CLAIMS) arising from or relating to this Sale Agreement, its
interpretation, or the breach, termination or validity thereof, the
relationships which result from this Sale Agreement (including, to the
full extent permitted by applicable law, relationships with third parties
who are not signatories to this Sale Agreement), The Barrel Source's
advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND
FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION
FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the
"Code") in effect at the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling
1-800-753-9448. Notwithstanding any choice of law provision included in
this Sale Agreement, this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in
the jurisdiction where enforcement of the award is sought). Hearings shall
be held as provided by the Code and if any In-person Hearing is required,
it shall be held in Brownsville, TX. Judgment on the award rendered by the
arbitrator(s) may be entered by any court having jurisdiction. Each party
shall bear its own cost of any legal representation, discovery, or
research required to complete arbitration.
Orders;
Payment Terms; Interest; Taxes
Orders are not binding upon The Barrel
Source until accepted by The Barrel Source. Terms of payment are within
The Barrel Source's sole discretion. Invoices are due and payable within
the time period noted on the invoice, measured from the date of the
invoice. The Barrel Source may invoice parts of an order separately.
Customer agrees to pay interest on all past-due sums at the highest rate
allowed by law. The Customer is responsible for sales and all other taxes
associated with the order.
Freight
Policy
Shipping and handling charges on all orders vary; contact your The
Barrel Source account manager for our most current and competitive rates,
options and shipping specials. For the Customer's protection, we ship only
to the verified billing address of the Customer's credit card. In some
circumstances, international shipping may be available. Call for details.
Return
Policy
The following refund policy applies to all products except those
stating their own refund policy with the product
description:
| • |
The
Barrel Source offers a 30 days return policy on selected items based
on manufacturer return policies. For further information not listed,
please contact your The Barrel Source account manager. |
| • |
Please call 8005569740 or e-mail our Returns Department
at webmaster@thebarrelsource.com to obtain a Return Merchandise
Authorization (RMA) number before shipping your product. NO returns
of any type will be accepted without an RMA number. For faster
service, please have the following information on hand when calling
for an RMA number: customer name, invoice number, serial number and
nature of the problem. |
| • |
All
products returned MUST: be 100 percent complete, contain ALL
original boxes and packing materials, have original UPC codes on the
manufacturer boxes, contain all manuals, blank warranty cards and
other accessories and documentation provided by the manufacturer.
|
| • |
You
are responsible for shipping charges on returned items; The Barrel
Source will match your shipping method on your replacement or
exchange item(s). |
| • |
The
Barrel Source strongly recommends you fully insure your return
shipment in case it is lost or damaged and you use a carrier that
can provide you with proof of delivery for your protection.
|
| • |
If
merchandise arrives damaged: it is best to REFUSE it back to the
carrier attempting delivery. If you accept the package make sure it
is noted on the carrier's delivery record in order for The Barrel
Source to file a damage claim. Save the merchandise AND the original
box and packing it arrived in, notify The Barrel Source immediately
to arrange for a carrier inspection and a pick up of damaged
merchandise. If you do not notify The Barrel Source of damaged goods
within the first 15 days of arrival, our regular return policy will
override any claim of damage, and will fall under all current
manufacturer restrictions. Call 8005569740 or your The Barrel Source
account manager to arrange for carrier inspection and a pick up of
damaged merchandise. |
| • |
DEFECTIVE returns can be returned directly to The Barrel
Source within 30 days from the invoice date, at The Barrel Source's
discretion for: credit, replacement, exchange or repair.
|
| • |
Manufacturer restrictions do apply and are outlined in
our detailed policy. Any item that is missing the UPC can ONLY be
replaced with the same item. After 30 days, all manufacturers'
warranties apply. |
| • |
NON-DEFECTIVE returns can be accepted directly by The
Barrel Source within 30 days from the invoice date, at The Barrel
Source's discretion for: credit, exchange. All NON-DEFECTIVE returns
are subject to a 0 percent restocking fee. |
| • |
Due
to manufacturers' policies, The Barrel Source cannot accept returns
of the following items for exchange, replacement or credit FOR ANY
REASON: (The Barrel Source exceptions). DEFECTIVE merchandise can be
returned for REPAIR ONLY to: The Barrel Source, the manufacturer
direct or any authorized service center in your area. Additional
manufacturers may be added to this list as: manufacturer policies
change, manufacturer goes out of business or in the case of
specially ordered items. |
The Barrel
Source reserves the right to authorize product returns beyond 30 days from
the invoice date. IF the product is accepted after after 0 days and before
30 days, credit will be issued toward FUTURE PURCHASES ONLY. Original
shipping charges are refunded on returned items. Customers are responsible
for all shipping charges back to The Barrel Source on returned items, and
The Barrel Source will pay the shipping charges on the replacement or
exchange item(s) going back.
Credit
Cards
Credit card charges are processed online after ordering the
products and/or services.
NO REFUNDS ON WHOLESALE ORDERS
UNLESS IN THE CASE
OF A LEAKY
BARREL |
