General Terms:
Welcome to the official website of Highline Warren LLC (“Seller”, also referred to herein as “us” or “we”), comprised of various web pages operated by Seller (collectively, the “Site”). The Site is offered to you (“Customer”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (collectively, the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Seller may revise the Terms herein at any time without notice. You should visit the Site or request updated Terms periodically to make sure you are aware of the most recent general Terms binding upon you. After any changes to Seller’s standard Terms occur, your use of the Site or purchase of products from Seller constitutes your agreement to such changes.
Privacy:
Your use of the Site is subject to Seller’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. You may view the Privacy Policy on this Site or request a copy from Seller. Seller does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under eighteen, you may use the Site only with permission of a parent or guardian.
Links to Third Party Sites/Services:
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Seller and Seller is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Seller is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Seller of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that Seller may share such information and data with any third party with whom Seller has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
Terms of Sale:
All orders are subject to Seller’s acceptance of a purchase order (“PO”) and availability of products. Prices are subject to change and will be based on PO receipt date. Given the nature of our business and variety of merchandise, we reserve the right to limit quantities. Prices do not include any applicable local or state taxes. Additional terms and conditions applicable to the purchase, sale, shipment, or use of Seller’s products may apply. Contact Seller or your sales representative for more information.
Payment Terms:
Seller’s preferred manner of receiving Customer payments is ACH. To establish ACH payments please contact us at credit@highlineaftermarket.com. Seller, in its sole discretion, may extend credit terms to customers; contact your sales representative to discuss eligibility and additional terms. Our standard payment terms for customers who qualify for credit terms are 1% 10 days / Net 30. Cash on Delivery (COD) orders may be paid by ACH, check, or credit card. Customers that choose to pay by Credit Card will be charged a 2.25% convenience fee. It is our policy to not accept credit cards for Customers who have payment terms unless payment is submitted at the time of order. A $30 charge will be applied to all returned checks.
Past Due Customers:
We reserve the right to hold shipments for any Customer who is past due or over their pre-established credit limit. Interest shall accrue on any delinquent amounts owed at the lesser of eighteen percent (18%) per annum or the maximum rate permitted by applicable usury law. Past due accounts paid by credit card may be charged a convenience fee, not to exceed the lesser of three percent (3%) or the amount allowable by law. Customer is responsible for all reasonable costs associated with the collection of past due amounts owed, including attorneys fees.
Minimum Order:
$250
Minimum Order to qualify for Prepaid Freight:
$1,500
Shortages or Damages:
DO NOT ACCEPT SHIPMENTS WITHOUT COUNTING CARTONS AND INSPECTING PRODUCTS. All orders shipped from Seller come with a piece count on the bill of lading, even if shrink-wrapped. Signing for wrapped pallets without counting cartons and checking for damages leaves the Customer responsible; neither Seller nor the freight company will be responsible for damages related thereto. Seller must be notified of any shortages or product damages within 48 hours of receipt of shipment.
Return Policy:
No product returns without prior written authorization from Seller will be accepted. We do not accept returns of any seasonal merchandise, special orders, packages that have been opened, or items that have price stickers on them. All returns must be initiated within 90 days of invoice date. Customer pays freight on all returns unless arising from Seller’s errors or product damages.
Tool Warranty Policy:
Seller honors all applicable manufacturer’s warranty policies on products manufactured by a 3rd party. All broken or claimed defects will be replaced, credited or repaired depending on manufacturer’s policy. Abuse, misuse, or altered items are not covered. Freight charges on new & defective tools are the sole responsibility of the customer unless otherwise stated in applicable manufacturer’s policy.
Limited Warranty on Seller’s House Brand Products:
Seller’s house brand products, including Prime Guard® and Mag 1®, may be eligible for additional warranties. Contact us for more information and to request a copy of Seller’s limited warranty program. Terms, conditions, and limitations apply.
Restocking Charge:
Merchandise returned for credit will be subject to a 25% handling charge, unless such return occurs due to Seller error. Customer is responsible for appropriate freight charges.
Back Orders:
We do not process backorders.
Intellectual Property:
All content included in this Site, such as text, graphics, logos, images, as well as the compilation thereof: i) is the property of Seller or ii) belongs to a 3rd party and is used in accordance with approvals obtained by Seller. The content in this Site is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary laws, notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in this Site. The brands, trademarks, logos, and other in intellectual property herein is not for resale.
Compliance with Laws:
Some products described on this Site or otherwise sold by Seller may be subject to certain restrictions, including but not limited to VOC content and Prop 65. Seller relies on information obtained from its suppliers of raw materials and products to determine whether restrictions are applicable. The information provided by the supplier as to the ability of the product to be sold or distributed in any particular jurisdiction is believed by Seller to be accurate, and Seller shall pass on information regarding product restrictions to its customers. Seller, however, shall not be responsible for how products are used or installed or for the product's conformance to regional, state, or local codes or regulations. Seller shall not be liable for any use of the products that are inconsistent with directions or instructions provided by Seller or the product manufacturer. Customer has the sole responsibility for compliance with all applicable codes, regulations and laws and before purchase and use of the product must review and ensure full compliance with such codes, regulations and laws, in addition to any limitations or instructions provided by Seller or the manufacturer, concerning the safety, use, or installation of the products. Safety Data Sheets for all products sold by Seller are available upon request. You should carefully review all information contained in Safety Data sheets prior to purchase or use of any product.
Not all products offered from Seller may be available outside of the United States. Seller is committed to conducting business in compliance with all export controls and related regulations and requires its customers and suppliers to do the same. Seller’s business practices prohibit bribery and corrupt behavior in any form. Seller does not conduct business with suppliers who violate human rights. Contact Seller or your sales representative to learn more about Seller’s social responsibility policies and commitment to lawful and ethical conduct.
Indemnification:
You agree to indemnify, defend and hold harmless Seller, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use this Site or related services or your violation of any applicable laws, rules or regulations. Seller reserves the right, at the indemnifying party’s cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Seller in asserting any available defenses.
Disclaimer:
Seller and its affiliates are not responsible for typographical errors, pictorial errors or pricing errors. Possession of this form does not constitute an offer to sell. Prices are subject to change without notice. Promotional prices noted in Site are only valid during dates listed on the Site. Promotional prices noted online are only valid during the active dates online.
Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION PROVIDED HEREIN IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SELLER, ITS AFFILIATES, AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE INFORMATION HEREIN OR THE PURCHASE OR USE OF ITS PRODUCTS, BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SELLER’S PRODUCTS AND SERVICES.
Applicable Law and Arbitration:
By accessing this Site, you agree that the statutes and laws of the State of Tennessee, without regard to conflict of laws principles thereof, will apply to all matters arising from or relating to use of this Site, except where preempted by the federal laws of the United States, in which case such US federal law will apply. In the event the parties are not able to resolve any dispute arising out of or concerning these terms and conditions, this Site, or the products described therein, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction.
Severability:
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
