Agreement between User and Factory Direct Supply Company.
BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS, CONDITIONS AND NOTICES IN THIS AGREEMENT.
This Website is offered to you by Factory Direct Supply Company, Charleston, SC on the condition that you accept the terms, conditions, and notices contained on this page and on other pages of this Website. YOU AGREE TO READ THESE TERMS, CONDITIONS AND NOTICES CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE. Factory Direct Supply Company reserves the right to change the terms, conditions and notices under which this Website is offered at any time at its sole discretion. Factory Direct Supply Company also reserves the right to cancel any order, at any time if these terms are not agreed upon.
Personal and Non-Commercial Use
This Website is for your personal, non-commercial use. You may view and download information on this Website for your own personal use as long as you maintain all copyright and other notices contained in or associated with the content. You may not copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform or adapt any information obtained from this Website or use the information for any public or commercial purpose.
Unlawful and Prohibited Use
You warrant to Factory Direct Supply Company that you will not use this Website for any purpose that is unlawful or prohibited by the terms, conditions or notices in this Agreement and on this Website.
Returns, Refunds, Exchanges and Cancelations
No return may be made without approval. 25% restocking fee will be charged on returned merchandise. All Leonard Valve Company product returns have a 30% restocking fee. Although we offer free shipping, we do incur the cost of shipping for every order. Therefore, we do not refund the shipping costs. All shipping charges incurred are the responsibility of the customer. Returns must be received by Factory Direct within 30 days of the invoiced date and the invoice number must be referenced with the return. Returns are not accepted 30 days after the invoice date. Defective product must be noted within 3 business days of delivery date. Order shortages must also be noted within 3 days of delivery. Factory Direct Supply Company reserves the right to refuse returns of customer damaged products during installation. All returned product must be in salable, new, unused condition without any signs of use or tooling marks. Original orders that qualify for the Free Freight Allowance and then are partially returned no longer qualify for the Free Freight Allowance. The returned items will be credited less the freight and restocking fee. Orders shipped outside of the continuous United States are considered FOB Origin, "Final Sale" and cannot be returned, refunded or credited for any reason. Factory Direct Supply is not responsible for any damages that may occur from the carrier when passing through customs. Any claims should be made with the shipping company. Factory Direct Supply Company does not sell within the state of South Carolina. Any order placed with a ship to address within the state will be passed along to our sister company. Nexus Sales Tax Laws require additional sales taxes to be applied to the order, since we have a physical presence within the state. The authorized funds will be released and the sales order deleted within Factory Direct Supply's system. All Drains and Interceptors are considered "Final Sale" and cannot be returned, refunded, or credited for any reason. Factory Direct Supply Company reserves the right to cancel any order at any time at their discretion.
Prices & Typographical Errors
Prices are subject to change without notice. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, Factory Direct Supply shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Factory Direct Supply shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Factory Direct Supply shall promptly issue a credit to your credit card account in the amount of the charge.
Flat Rate Shipping of $8.50 is added for orders under $100 located within the contiguous 48 states. Orders over $100 are Free Freight Allowed unless marked otherwise or require a pallet to be shipped. Additional freight charges apply for all Drains and Interceptors. Free freight allowed orders must be within the qualifying shipping zone. The qualifying shipping zone is the contiguous 48 states. Orders shipped to Hawaii, Puerto Rico, Alaska or any other location outside of the contiguous 48 states will have additional freight charges. These charges will be added to the bill once the manufacturer provides the actual shipping cost.
Items that do not qualify for the Standard Freight Policy are marked on the website are considered special order and additional freight charges apply. Items that are added to the website per the customer's request also do not qualify for the Standard Freight Policy and additional freight charges may apply as well.
Palletized and oversized freight orders are considered special order. All items that require a pallet or oversized pallet to be shipped are not a part of the Standard Freight Policy and additional freight charges apply. All items or orders where the items is over 102" are deemed oversize for standard shipping and require a pallet. Factory Direct Supply Co will notify the customer of the freight charges prior to shipping. Most items that require pallets are marked, however, if the item is not marked as palletized freight and the item requires the special freight additional charges will be applied to the order.
The freight of any returned item is the customer's expense and the initial freight charge on the order is not refunded.
Additional freight charges apply to all orders that are refused upon delivery and then reshipments needed.
Factory Direct Supply Company proudly represents many manufacturing companies. All orders must meet the manufacturer's requirements to ship from their factory. Shipping requirements vary by manufacturer and their guidelines. Please note that orders placed with items from different manufacturing companies must meet the each companies' requirements to ship and will arrive in multiple boxes. At the time an order is placed online only an authorization is made on the credit card. Once the item ships a charge is processed. A completed sales order and an authorization does not guarantee that the manufacturer's requirements are met to ship the order. Customer's are notified by email or phone call of any situation where their order does not meet the minimum and the order is placed on hold until the customer instructs Factory Direct Supply on how to proceed. A $5.00 service fee to waive the minimum requirement is available for some, but not all manufacturers. A site wide $50 order minimum is required unless noted on the individual item otherwise.
Low Lead Laws
Factory Direct Supply Company complies with the low lead laws California AB1953 and Vermont S152 and the national mandate as of January 4th, 2014. Any leaded item still shown on the website is for identification purposes only. If the item is added to a sales order for purchase, the low leaded equivalent is replaced and shipped. Any pricing differences are not honored and the new low leaded price will be charged.
California Proposition 65
WARNING: Do Not Eat Our Products! California Proposition 65. Some our products contain chemicals known to the State of California to cause cancer or other reproductive harm. If you are selling to anyone in California, we recommend that you label these items with the proper warning.
California Title 20 - Water Efficiency Standards
It is the sole responsibility of the buyer - the party purchasing the product from Factory Direct Supply Company to make sure that the items in which they are purchasing are compliant with the current California Water Restriction Laws found in California Title 20. By using www.fdsupply.com, the buyer is agreeing to take the full responsibility / liability that the product meets their local and state laws. Factory Direct Supply Company is not responsible for product compliance in the state of California, and the buyer agrees to the full liability of the product they are purchasing. The buyer agrees to pay any of Factory Direct Supply Company's legal fees in a lawsuit, should the buyer order a product that does not meet California's Water Restriction Laws and/or California Title 20. The buyer also agrees that they cannot sue Factory Direct Supply Company because of non-compliant product in California, because the buyer is agreeing that it is the buyer's full responsibility at the time of purchase when agreeing to the Terms and Conditions of the site.
Nexus Sales Tax Laws require sales tax to be charged for purchases made within the state where the company has a physical presence. Therefore, Factory Direct Supply Company does not sell to the state of South Carolina. All orders placed within the state will be referred to our sister company, where the additional sales tax will be collected and paid to our state. The original order will be deleted and the authorized funds released. All Zurn Industries orders made where they have a physical presence will incur additional sales tax, which will be added to the final invoice.
If this Website contains chat areas, forums, communities, bulletin board services, news groups, e-mail service or other message or communication facilities, you agree not to use the Website to:
- Post or otherwise transmit any communication or material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, disruptive to the site, hateful, or racially, ethnically or otherwise objectionable
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "SPAM," "chain letters," "pyramid schemes," or any other form of solicitation except as otherwise expressly authorized in writing by Factory Direct Supply Company
- Disrupt or interfere with the operation of the Website or any servers or networks connected to the Website service.
- Violate any applicable local, state, national or international law.
- Collect or store personal data about other users.
Factory Direct Supply Company may, in its sole discretion, deny any user access to this Website or any portion of the site without notice.
You agree to indemnify and hold Factory Direct Supply Company, its advertisers and any other third parties mentioned on this site harmless from any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) which arise out of, are connected with or directly relate to your wrongful or unlawful use of this Website or any breach of any representation or warranty made by you in this Agreement.
Use of Information and Messages
Factory Direct Supply Company may use and disclose any information and material received from you, or collected through your use of the site, for any lawful reason or purpose. By posting messages or engaging in other communication to the Factory Direct Supply Company website, you grant to Factory Direct Supply Company a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform, adapt and otherwise exploit such communication in all media now known or hereafter devised. You waive all rights to any claim against Factory Direct Supply Company for any alleged or actual infringement of any proprietary, privacy, publicity, moral or attribution rights in connection with such communication.
Links to Other Websites
This Website may contain links to other Websites operated by parties other than Factory Direct Supply Company. The links are provided for your convenience only. Factory Direct Supply Company does not control the other Websites and is not responsible for the content on such Websites. By offering links, Factory Direct Supply Company is not implying that it endorses anything contained on such Websites or has any association with the operators of those Websites. If you access any links to other Websites, you do so entirely at your own risk.
Other than personally identifiable information, you acknowledge and agree that communications and transmission to and from the Factory Direct Supply Company Website are not confidential. There is no confidential, fiduciary, contractually implied or other relationship created between you and Factory Direct Supply Company other than as stated in this Agreement. You agree that no joint venture, partnership, employment or agency relationship exists between you and Factory Direct Supply Company as a result of this Agreement or use of this Website.
This Agreement is governed by the laws of the United States and of the State of Arizona. You consent to the exclusive jurisdiction and venue of courts in Maricopa County, Arizona U.S.A. in all disputes arising out of, or relating to, use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of the terms, conditions and notices of this Website and this Agreement, including this paragraph. If you access this Website from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws.
In the event any provision of this Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from this Agreement. The remainder of this Agreement shall remain in full force and effect according to its terms.
This Agreement contains the entire understanding and agreement of the parties with respect to the use of this Website. It supersedes all prior oral or written understandings and agreements relating to use of this Website. Factory Direct Supply Company’s waiver of any provision of this Agreement shall not be deemed to waive it for the future.
Copyright and Trademark Notices
All contents, such as text, graphics, logos, icons, images, audio or video clips, software, site design and the selection and assembly of them, of this Website are Copyright © 2009 Factory Direct Supply Company. All rights reserved. These contents are the sole property of Factory Direct Supply Company. Such property is protected by United States and International Copyright Laws. All rights not expressly granted in this User Agreement are reserved. Except as otherwise required by applicable law, any download, copy, reproduction, modification, distribution, publication, transmission, transfer, sale, license, display, performance or adaptation of the content is strictly prohibited. We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
The Factory Direct Supply Company name and logos (referred to as "marks") on this Website are proprietary to Factory Direct Supply Company. These marks may not be used in connection with any product or service other than Factory Direct Supply Company products or services. The marks may not be used in any manner that is likely to cause confusion among customers or potential customers of Factory Direct Supply Company. The marks may not be used in any manner that disparages or discredits Factory Direct Supply Company or in any manner not expressly authorized by Factory Direct Supply Company.
All other company names, brand names, product names, and service names used on this Website are trade names, service marks, trademarks, or registered trademarks if their respective owners.
Linking to this Website
We encourage linking to the Factory Direct Supply Company Website. All we ask is that you notify us and comply with the following:
- Do not frame or border the Factory Direct Supply Company Website in any way.
- Do not copy, mirror or otherwise duplicate the Factory Direct Supply Company Website content.
- Do not imply any endorsement by Factory Direct Supply Company
- Do not provide false or misleading information about Factory Direct Supply Company
- Do not misrepresent any relationship with Factory Direct Supply Company
- Do not link to the Factory Direct Supply Company Website if your Website contains content that could be considered offensive, inappropriate or unsuitable for viewers of any age.
- Do not link to the Factory Direct Supply Company Website for the purpose of selling any products or services without prior written authorization from Factory Direct Supply Company.
Revised July 15, 2014