jj fishook site policies - terms of sale

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 JJ Fishook ("JJ Fishook"), 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 JJ Fishook. 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 "JJ Fishook" shall relate to JJ Fishook 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 JJ Fishook 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 JJ Fishook. 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 JJ Fishook 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 OHIO, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN OHIO FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.

Title: Risk of Loss
Title to goods herein being purchased passes to the purchaser upon delivery of the goods to the purchaser, unless otherwise specified. Loss or damage that occurs during shipping by a carrier selected by JJ Fishook is JJ Fishook'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. Any and all liability is only for the products purchased.

General Legal Disclaimer
JJ Fishook 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 JJ Fishook IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.

Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, JJ Fishook 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 JJ Fishook uses reasonable efforts to include accurate and up-to-date information on the Site, JJ Fishook makes no warranties or representations as to the Site's accuracy. JJ Fishook assumes no liability or responsibility for any errors or omissions in the content on the Site.

Limitation of Liability
JJ Fishook 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. JJ Fishook 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, JJ Fishook 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.

Professional Services / Learning Solutions
Customized professional service and training contracts may be subject to tax.
The services covered by this transaction are being sold, and any associated taxes, are being collected on behalf of JJ Fishook solely in the capacity as an independent sales agent. The Service Provider is solely responsible for all services covered by this transaction.

By ordering the services requested from JJ Fishook, the Customers acknowledges and agrees:
JJ Fishook and their affiliates are resellers of contracts for professional services, customized professional services and training and are not the providers of said services. The Service Provider is the only obligor responsible for providing services to the Customer. The Customer will look solely to the Service Provider for any loss, claims or damages arising from the purchase of such services, hereby releasing JJ Fishook, JJ Fishook , and their affiliates from any and all claims the Customer may have arising from the provision of any such services. JJ Fishook is merely acting to assist the Customer in obtaining the services desired by it and provided by the Service Provider.

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), JJ Fishook'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 Chicago, Illinois. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). 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 JJ Fishook until accepted by JJ Fishook. Terms of payment are within JJ Fishook's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. JJ Fishook 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
All orders 5 pounds or less and totaling less than $200 will be shipped via ground transportation within the 48 continental states for a total shipping, handling and insurance charge of $5.49. Shipping and handling charges on all other orders vary; contact your JJ Fishook account manager for our most current and competitive rates, options and shipping specials. For the Customer's protection, we ship only to an address that can be verified according to our standards. In some circumstances, international shipping may be available. Call for details.

Return Policy

JJ Fishook offers a 30-day return policy on selected items based on manufacturer return policies. For further information not listed, please contact your JJ Fishook account manager.

Please e-mail our Customer Relations Department at info@jjfishook.com to obtain a Return Merchandise Authorization (RMA) number before shipping your product back to JJ Fishook. Returns may not be accepted without a valid 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 the reason for the return.

All products returned MUST: be 100 percent complete and contain ALL original manufacturer boxes with the original UPC code and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment.

Shipping charges on returned items are the customer's responsibility; JJ Fishook will match the shipping method and pay for shipping on replacement or exchange item(s).

For your protection, we strongly recommend you fully insure your return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery.

If you receive damaged merchandise, 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 JJ Fishook to file a damage claim. Save the merchandise AND the original box and packing it arrived in, notify JJ Fishook immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify JJ Fishook 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. Contact Customer Relations to arrange for carrier inspection and a pick up of damaged merchandise.

DEFECTIVE returns can be returned directly to JJ Fishook within 30 days from the invoice date, at JJ Fishook'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 code will ONLY be replaced with the same item. After 30 days, all manufacturers' warranties apply.

NON-DEFECTIVE returns can be accepted directly by JJ Fishook within 30 days from the invoice date, at JJ Fishook's discretion for: credit, exchange. All NON-DEFECTIVE returns are subject to a 15 percent restocking fee.

Additional manufacturers may be added to this list as: manufacturer policies change, manufacturers go out of business or in the case of specially ordered items.

JJ Fishook reserves the right to authorize product returns beyond 30 days from the invoice date. IF the product is accepted after 30 days, credit will be issued toward FUTURE PURCHASES ONLY. Original shipping charges are not refunded on returned items.