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Terms & Conditions

Overview:

The Terms and Condition outlined herein govern the sale of (Goods) offered by Icon Caster Wheels and its affiliates hereby referred to as the (Seller) to the (Buyer) whereby both the Seller and Buyer are referred to as the Parties. These terms and conditions hereby supersede any and all oral, written, and expressed communication between the Parties suggesting additional, variable, or supplemental terms that are different than those outlined herein. Any proposed terms by Buyer to vary the terms outlined herein which differs or conflicts with the original and expressed acceptance of terms and conditions by Seller will be objected to and rejected. All fulfillment of Buyer’s orders by Seller do not constitute any acceptance of changes, modifications, or amendments to the Seller’s original terms and conditions outlined herein, nor does it constitute any acceptance by Seller of Buyer’s proposed conditions that differ from Seller’s expressed terms and conditions.

Acceptance:

Unless otherwise stated in writing or authorized by Seller, all quotations covering Seller’s Goods are made and all orders for Goods are accepted and all shipments are made on the condition that these Terms and Conditions shall be applicable. Any term or condition in Buyer’s order or acceptance that differs or conflicts with the Seller’s terms is deemed material subject to be objected and rejected by Seller. These Terms and Conditions are applicable whether or not they are attached, enclosed, or accompanied with the Goods being purchased.

Pricing:

Prices are subject to change without notice. Seller’s advertised price of Goods in effect at the time of purchase and shipment will be the same plus any additional tax, fee, duty, or third party processing fee that is not included at the time of purchase, which will be added and applied to the Seller’s price and communicated to the Buyer prior to the shipment of Goods. Clerical errors are subject to correction by Seller without any liability to Buyer. Unless otherwise specified or required by law, all prices are exclusive of any sales, use, charges or excise tax, duty, brokerage fee, or other tax imposed by any government authority (collectively referred to as “Taxes”). Buyer shall assume the responsibility for all such Taxes. Such Taxes in addition to any fees or ancillary third party costs may be added to the purchase price and shall be paid by Buyer unless Buyer delivers to Seller with order a proper tax exemption certificate acceptable to Seller and the applicable governmental authority.

Cancellation:

Any and all orders placed and paid for by the Buyer, and accepted by the Seller can be cancelled by the Seller only. The cancellation may incur charges or costs that will be taken into account as expenses already incurred, commitments made, and Seller’s anticipated profit loss. In the event of a cancellation by the Buyer where there are costs and expenses that are incurred by Seller, any waiver or conditional approval will be at the full discretion of the Seller.

Title & Delivery:

The Seller uses third party shipping services and thereby cannot guarantee the timeliness of deliveries. All shipping dates are approximate and are based upon the timing of receipt from Buyer consisting of all necessary information. The Seller will in no way assume or be liable for damages of any kind arising out of delay or non-delivery due to causes beyond its control.  Unless otherwise agreed to or noted in advance in writing, delivery is to be made and title, ownership, and risk of loss are to pass to the Buyer upon delivery designating shipping point. Each shipment will constitute a separate sale. The Buyer shall pay for the Goods shipped whether such shipment is in whole or in partial fulfillment of the Buyer’s order. If for any reason Buyer fails to accept tender of any of the Goods on the date designated by Seller, or if Seller is unable to tender or deliver the Goods on such date because Buyer has not provided appropriate instructions, documents, licenses, or authorizations: (i) risk of loss to the Goods shall pass to Buyer; (ii) the Goods shall be deemed to have been delivered; and (iii) Seller, at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

Termination:

In addition to any remedies that may be provided under these Terms, Seller may terminate any order with immediate effect upon written notice to Buyer, if Buyer: (i) fails to pay any amount when due under these Terms; (ii) has not otherwise performed or complied with any of these Terms, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.

Payment:

  1. Non-Term Transactions: Buyer’s purchases and transactions are settled on a C.O.D. basis and payable in U.S. Dollars. Payment options are provided via credit card, ACH, and prepayment check payments which must clear prior to Goods being released to be shipped.
  2. Terms: Unless otherwise specified on the invoice, payments are due within thirty (30) days from the date of invoice without offset, counterclaim, or deduction. Late payments may be subject to a service charge of 2% per month (24% per annum) or such greater amount as may be authorized by law and specified in the invoice and Seller reserves the right to suspend all shipments until the account is in good-standing. As collateral security for the payment of the purchase price of the Goods, Buyer hereby grants to Seller a lien on and security interest in and to all of the right, title and interest of Buyer in, to and under the Goods, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the Uniform Commercial Code.
  3. If, in Seller’s exclusive judgment, the financial condition or payment history of Buyer at any time does not justify continuation of production or shipment on the terms of payment originally specified, Seller reserves the right to require full or partial payments in advance, C.O.D. or guarantee by letter of credit. In the event of bankruptcy or insolvency of Buyer or in the event any proceeding is brought by or against Buyer under the bankruptcy or insolvency laws, Seller shall be entitled to cancel any order then outstanding with no further obligation whatsoever to Buyer. Buyer shall reimburse Seller for all costs incurred in collecting any late payments, including, without limitation, attorneys' fees.

Limitation of Liability:

In no event shall Seller’s liability exceed the purchase price of the particular good or service purchased by the Buyer. Any special consideration beyond the purchase price would have to be approved by Seller in writing prior to any acceptance of liability to Buyer. Under no circumstance shall the Seller be liable to Buyer or any other person, entity or third party for incidental, special, consequential or liquidated damages, including without limitation, labor charges, lost profits, loss of use, revenue or profit, expenses of repair, replacement costs, or costs associated with the transportation of shipping Goods to or from Seller, even if Seller has been advises of the possibility of such damages, and regardless of contract, tort, or otherwise upon which the claim is based on notwithstanding the failure of any agreed or other remedy of its essential purpose.

Information:

Seller makes no warranty beyond the expressed written warranty provided herein and does not assume any liability for any advice or information it may provide whether orally, in print, or for the results obtained by Buyer regarding the use of any Goods by Buyer. Seller assumes no risk and liability which may result from Buyer’s use of any Goods, whether singly or in combination with other Goods . No suggestion for use of Goods shall be construed as a recommendation for use in infringement on any patent or other proprietary right.

Limited Warranty:

Seller warrants to the original purchaser that finished Goods of Seller’s manufactured products will be free from defects in materials and workmanship under normal use and service for a period of three (3) years from date of shipment, unless otherwise specified on the Goods supplied. Claims under this warranty must be given to Seller immediately upon discovery of such defect and must include a copy of the invoice for the Goods purchased. Seller’s obligations under this limited warranty are limited, as the sole remedy, to replacing or repairing or giving credit for, at Seller’s sole discretion. Goods purchased by Buyer and shipped by Seller within three (3) years need be returned to Seller’s designated facility. Buyer will pay for the initial transportation charges and costs. Upon Seller’s receipt and examination, a determination by Seller will be made to deem the Goods defective or not. If deemed defective, Seller will make good on replacement, repair, or reparation for Buyer. This Warranty does not apply to defects caused by shipping, or to any Goods which have been subject to improper installation, misuse, neglect, accident, ordinary wear and tear, or Buyer’s attempts to use any Goods beyond its physical, mechanical or thermal capacity. The aforementioned provisions do not extend the original Warranty period of any Goods that have either been repaired or replaced by Seller. Seller’s limited warranty, subject to the limitation of liability, is expressed in lieu of all other warranties, whether expressed, statutory, or implied beyond the description above, including, without limitation, the implied warranties merchantability and fitness for a particular purpose, and of all other liabilities or obligations on the Seller’s part, and Seller neither assumes nor authorizes any other person to assume for it any other liabilities in connection with the sale of the Goods. This limited warranty may not be verbally changed or modified by any representative or Seller. Goods not manufactured by Seller are covered exclusively by the original manufacturer’s warranty, if any and applicable. Seller makes no warranty or representation whatsoever, expressed or implied, including, without limitation, any warranty of merchantability and fitness for a particular purpose, with respect to Goods not manufactured by Seller.

Indemnity:

Buyer shall defend, indemnify and hold Seller and its affiliates harmless from and against all claims, suits, demands, losses, liabilities, damages, injuries, deaths, expenses, and reasonable attorney fees arising out of or relating to: (a) Buyer’s or its agents provided customized specifications, designs, structures, operational purposes, material used or method of making Goods; (b) breach of these Terms by Buyer; (c) any Buyer goods which utilize Seller’s Goods as a component part; (d) any goods assembled by Buyer regardless of the amount of Seller’s components used with such goods; and (e) Goods subjected to: (i) improper use or installation; (ii) accident, damage, abuse or misuse; (iii) abnormal operating conditions or applications; (iv) repairs or modifications made to all or part of the Goods inconsistent with the intended use suggested by Seller; or (v) a use or application other than or varying in any degree from the specifications and Seller’s instructions.

Trademarks:
All trademarks, service marks, logo, graphics, and trade names of Icon Caster Wheels, used in the website, third party websites, and beyond are collectively the trademarks of registered trademarks of Icon Caster Wheels, and I3P Industries Inc.

Copyright:

All content used in the website, including but not limited to text, copy, graphics, images, code, specifications, branding, and video are hereby referred to as the collective work of copyrighted assets under the United States and is the property of Icon Caster Wheels. These copyrighted assets include any and all contents that are visible, used, and unused under Icon Caster Wheels on the website, and or offline with ALL RIGHTS RESERVED. Unless otherwise permitted in writing for commercial use, any downloading, copying or dissemination of the material content from this website is prohibited. Permission is granted to electronically copy, print, and display the material content from this website for the sole purpose of non-commercial use by which leads to placing an order through the website with Icon Caster Wheels. Any other intent to use, including but limited to the reproduction, distribution, display, or transmission of such content from this website is strictly prohibited, unless authorized by Icon Caster Wheels. It is further agreed that no permission is granted to change, augment, personalize, or variate the content downloaded from its original form from www.iconcasterwheels.com.

Termination:

The Terms and Conditions are effective immediately upon accessing the website, interacting with communicatory functions, conducting searches, engaging in shopping sessions, and completion of purchases. These terms and conditions may be terminated by Icon Caster Wheels in whole or in part without notice at any time and for any reason. However, the provisions pertaining to the Copyrights, Trademarks, Disclaimers, Limitation of Liability, Indemnification, and Miscellaneous outlined herein shall survive any such termination.


Communication:

Icon Caster Wheels may deliver communications and notices via email as a general notice and method through the website, or by other reliable methods of contact to the email address and phone number provided.


Miscellaneous:

Use of this website shall be governed by the laws of the state of California, USA. Therefore, any legal proceeding directly or indirectly arising due to interactions and transactions associated with this website shall fall directly under the jurisdiction of the state and federal courts located in the state of California. Any cause of action or claim by Buyer with regards to the website, www.iconcasterwheels.com must be commenced within one (1) year from the date of claim or cause of action. Any failure by Icon Caster Wheels to insist upon the strict enforcement of performance of any provision of the Terms and Conditions herein shall not constitute any waiver of any provision or right by Seller to Buyer.

Access:

Icon Caster Wheels from time to time may not be able to monitor and review all communications and interactions between users or third party service providers who access the website for various reasons with user generated content. The company does not support or condone inappropriate communications or use of materials in a manner that is irresponsible and inconsistent with the company’s policies thereby upon discovery will take appropriate steps to ban, remove, or discard this content or communication without notice. Icon Caster Wheels reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Icon Caster Wheels in its sole discretion.

Support:
Icon Caster Wheels
201 N Brand Blvd Ste 200
Glendale, CA 91203

Toll Free: 1-800-548-8108

Contact:  support@iconcasterwheels.com

Website: www.iconcasterwheels.com

© Copyright 2019 - 2024, Icon Caster Wheels™
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