Website Terms & Conditions
Please review the fspindia.com Inc. (the "Company", "our", "we", or "us", as the context may appear) Website Terms and Conditions (the "Terms"). All access to and purchases of merchandise and services from this Web Site (the "Site") are governed by these Terms. To purchase, you must become a Qualified Purchaser and accept these Terms. The Company, at its sole discretion, may periodically change or revise these Terms by updating this Site.
DISCLAIMER. THE COMPANY DOES NOT WARRANT OR REPRESENT (a) THE ACCURACY OF INFORMATION OBTAINED FROM THIS SITE, (b) THAT FUNCTIONS CONTAINED ON THIS SITE WILL BE ERROR FREE, (c) THAT SITE DEFECTS WILL BE CORRECTED, (d) THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (e) THE CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE OF THE MERCHANDISE AND SERVICES DISPLAYED ON THIS SITE.
TRADEMARKS, COPYRIGHTS. This Site contains many Company and third-party trademarks, service marks and copyrighted materials. All rights in the intellectual property contained in this Site are reserved by the respective owners. Access to this Site does not constitute a right for you to copy or use any of the intellectual property of the Company and its manufacturers and suppliers displayed on this Site. You may, however, make a single copy of these Terms for your use in learning about, evaluating or purchasing merchandise and services. No other permission is granted to you to print, reproduce, distribute, display elsewhere, alter or modify the content contained herein.
RIGHTS TO SUBMISSIONS. All suggestions, ideas, graphics and other information sent to the Company by any means, including through this Site, will become the property of the Company. Unless you specify in writing, all such information received by us will be presumed to be public and may be retained and/or used by us as we see fit without liability or payment for its use.
NO WARRANTIES BY COMPANY. NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, IS MADE OR AUTHORIZED BY THE COMPANY. ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND BY THE COMPANY, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT.
MANUFACTURER AND SUPPLIER WARRANTIES. Most manufacturers and suppliers warrant their products and services to the final purchaser against certain defects for certain periods of time from date of purchase. Copies of such warranties are supplied with the order and, in some cases, displayed on the Site. We will attempt to obtain copies of specific warranties from the warrantor upon request, and e-mail or Fax them to you at no charge. Make such requests to MRO@fspindia.com and include the MFR/Supplier Code No., Description, Model Number and our Order Number.
LIMITATION OF LIABILITY. ANY LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED. THE COMPANY’S LIABILITY IN ALL EVENTS IS LIMITED TO AND SHALL NOT EXCEED U.S. $100.00.
WARRANTY ASSISTANCE. If you have attempted without success to have the manufacturer or supplier make good on a warranty, upon request, we will make a good faith effort to arrange for a prompt resolution. Before returning any merchandise, click here for return procedures.
PRODUCT SUITABILITY. It is the Purchaser’s responsibility to assure that merchandise ordered complies with appropriate codes and regulations regarding installation and use. The Company does not make any assurances or guarantees that merchandise purchased from the Site will comply with such codes and regulations.
QUALIFIED PURCHASER. The Company will not honor and is under no obligation to complete any purchase order received from a prospective purchaser that is not a Qualified Purchaser. To become a Qualified Purchaser, credit arrangements, satisfactory to us, must be completed prior to ordering. You may establish credit by using a Credit Card or opening a Line of Credit. Qualified Purchasers must notify us, in writing, of any changes in financial condition that differ from that provided to us when credit was approved. Failure to do so may result in a revocation of your Qualified Purchaser status. The Company reserves all legal rights to recover any damages incurred.
SALES TAX. It is Purchaser’s responsibility to pay all state and local sales/use taxes and other taxes resulting from purchases made from this Site. However, where we are required by law to include such taxes on such purchases, we will do so unless you provide us with a tax exemption certificate.
PAYMENT ON DOMESTIC ORDERS. Standard payment terms on all Orders are Net 30 days from receipt. Other Payment Terms may apply where appropriate.
PAYMENT ON EXPORT ORDERS. All export orders are subject to Purchaser first establishing with us satisfactory payment arrangements. Such arrangements may be (a) cash payment in advance of shipment, (b) an Irrevocable Letter of Credit in favor of the Company, payable by sight draft drawn against the letter of credit, or (c) such other payment arrangements approved by the Company. All payments must be in U.S. Dollars.
EXPORT, IMPORT LICENSES, PERMITS & OTHER MATTERS. The Qualified Purchaser shall be responsible for obtaining and paying for any and all permits, licenses and other governmental authorization(s) necessary for the exportation/importation of the merchandise ordered into or out of the designated country. The Qualified Purchaser shall select and pay the freight forwarder who shall be the Qualified Purchaser’s Agent. The freight forwarder’s actions shall not be deemed authorized by or binding upon the Company, unless expressly agreed to in writing by us. The Qualified Purchaser must represent to us in writing that the merchandise will be delivered to the destination stated and will not be re-exported or diverted, and shall provide a statement of compliance with the Foreign Corrupt Practices Act. Failure to comply fully with the above prior to shipment will result in cancellation of the Order, without liability of the Company.
DOMESTIC FREIGHT POLICY. Freight and other shipping costs are the responsibility of the Purchaser unless Other Freight Terms are agreed to prior to shipment.
CANCELLATION OF ORDERS. Any cancellation and/or return of orders must be approved by the Company and may be subject to restocking and other charges. Click Here for details.
SECURITY INTEREST. On sales made against a line of credit or open account, the Qualified Purchaser hereby grants to the Company a priority lien, purchase money security interest and/or chattel mortgage in the merchandise and any accounts receivable or cash from the resale thereof until full payment is made to us. The Qualified Purchaser agrees to make the appropriate filings to preserve and protect the Company’s position.
ASSIGNMENT. The Qualified Purchaser shall not assign any order or any interest therein without the written consent of the Company. Any actual or attempted assignment without such consent may result in cancellation of the order upon notice, without liability to the Company.
MODIFICATION OF TERMS. Our acceptance of an order is subject to Qualified Purchaser’s assent to all of the terms and conditions set forth in our acknowledgment in addition to these Terms. All other contrary terms and conditions and no additions or modifications to these Terms will be accepted by the Company unless agreed to by us.
DISPUTES. Actions taken by the Company for nonpayment or for redress of other breaches by the Qualified Purchaser of these Terms and the purchase terms of sale. may be brought by the Company before any judicial court of competent jurisdiction or, at the Company’s option, may be finally settled by Arbitration in Knoxville, Tennessee, under the rules of the American Arbitration Association or similar arbitration panel in which the laws of the State of Tennessee are applied without regard to conflicts of laws doctrines.
COMPLETE AGREEMENT. These Terms, together with all forms, acknowledgments, quotations and invoices, which are incorporated herein by reference, constitute the entire agreement between the Qualified Purchaser and the Company and supersede any different prior oral or written communications. Any modifications must be in writing signed by both parties.
SEPARABILITY. If any provision of these Terms or other terms and conditions agreed to by the parties shall be deemed unenforceable by a court of competent jurisdiction, such unenforceability shall not affect the validity of any other provisions of these Terms or other agreed to terms and conditions, unless such unenforceability shall destroy the underlying business purpose of the agreement.
GOVERNING LAW. These Terms and all other documents which constitute an agreement between the Company and the Qualified Purchaser shall be construed, interpreted and performed according to the laws of the State of Tennessee, without regard to conflicts of laws rules.