Terms & Conditions
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
These terms and conditions apply to the purchase and sale of products through MS Sedco, Inc. By placing an order for such products and services, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products from this site. These terms and conditions are subject to change by MS Sedco, Inc. (referred to as “us” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this site, and you should review these terms and conditions prior to purchasing any product that is available through this site.
MOST OF OUR PRODUCTS ARE GOVERNED BY STANDARDS AND GUIDELINES ESTABLISHED BY THE AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI) AND THE AMERICAN ASSOCIATION OF AUTOMATIC DOOR MANUFACTURERS (AAADM). IN PARTICULAR, THEY ARE GOVERNMENT BY ANSI STANDARD A156.10 AND/OR A156.19. THESE STANDARDS AND GUIDELINES WERE ESTABLISHED TO PROMOTE THE SAFE OPERATION OF AUTOMATIC DOOR SYSTEMS. OUR PRODUCTS SHOULD ONLY BE INSTALLED ONLY PURSUANT TO ALL APPLICABLE ANSI AND AAADM STANDARDS AND GUIDELINES BY AN AAADM CERTIFIED TECHNICIAN.
- Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
- Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. For all credit card payments, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. All payments must be in United States dollars. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below. If we do not withhold sales tax with respect to the sale, you are fully responsible for reporting and paying any applicable sales or use taxes relating to your purchase of the product.
- We are constantly updating and revising our offerings of products and services, and we may discontinue products at any time without notice. All pricing for the products available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
- We use a variety of shipping methods including Federal Express and UPS. Most products that are in stock will be shipped within three (3) business days. All shipping prices are quoted in United States dollars. Quoted shipping prices do not include shipments to locations outside of the United States. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization. There may be occasional delays beyond the typical order processing time. These shipping terms are accepted by you by placing an order with us.
- Our warranty and responsibility for defects relating to the products is included on the current Data Sheet for each specific product available on our site. You acknowledge review and acceptance of this limited warranty. Unless otherwise indicated on the Data Sheet, all warranties shall apply from the date of shipment.
EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY CONTAINED ON THE CURRENT DATA SHEET, THE FOLLOWING SHALL APPLY: ALL PRODUCTS AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. IN NO EVENT SHALL MS SEDCO, INC. OR ITS AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NO EMPLOYEE OR REPRESENTATIVE OF MS SEDCO, INC. IS AUTHORIZED TO MODIFY THIS LIMITATION.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
- For NON-DEFECTIVE products, we offer a thirty (30) day return policy. After thirty (30) days, no returns are permitted with respect to non-defective products. All returned NON-DEFECTIVE products MUST be 100% complete, unopened and contain ALL original boxes and packing materials, and contain all manuals, and other accessories and documentation. Products returned after being opened or without any of the items above shall be subject to an inspection and repair fee which varies between products and circumstances.
DEFECTIVE products may be returned pursuant to the applicable warranty for the product.
To return products, you must first call our Returns Department at 317.842.2545 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 or order number, part number(s) and nature of the problem. To expedite the processing of your refund or credit, we ask that products be returned within two (2) days of the date that we issue the RMA.
You are responsible for shipping charges on returned items. If the returned item is being repaired or replaced under the applicable warranty for the product, we will pay for the return shipping if within the United States. You will have to pay for shipping if outside the United States. You must insure the shipment or accept the risk of loss or damage during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
If your order arrives in a damaged condition, save the product AND the original box and packing it arrived in, and notify us immediately to arrange for a carrier inspection and a pick up of the damaged product.
- In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
- These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
- MS Sedco, Inc. from our offices within the State of Indiana, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Indiana, by accessing this site both of us agree that the statutes and laws of the State of Indiana, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Marion County and the United States District Court for the Southern District of Indiana with respect to such matters.