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 |
