Terms And Conditions

Terms and Conditions

Smartzone Standard Sales Terms and Conditions

Sales Policy

  1. Prices

Prices listed are wholesale, do not include shipping, handling fees, taxes, and/or duties, and are subject to correction or change without notice. Market sensitive commodity products will be priced according to current market conditions.

  1. Sales Tax

Smartzone charges sales tax on shipments made to the following states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.

  1. Payment and Credit Terms

Smartzone accepts cash, Smartzone checks, Visa, MasterCard, Discover, American Express and PayPal. 

  1. Smartzone Reserves the Right to Accept, Reject, or Cancel Any Order

In addition, Smartzone reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the quantity available for purchase per order and/or the number of individual orders that may be placed per customer per day; (ii) discontinue any product or service; (iii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iv) bar any user from making or completing any or all transactions; and (v) refuse to provide any user with any product or service.   

Furthermore, Smartzone reserves the right to cancel orders at any time, in its sole and absolute discretion, and for any reason whatsoever. Without limiting the foregoing, orders will be canceled automatically if a supplier notifies Smartzone of a delay that will be more than 30 days or of indefinite duration. If Smartzone has not received shipment confirmation from our supplier within 7 days of the original expected ship date, Smartzone will work with the applicable supplier to either update the shipping information or cancel the order. If an order has not shipped within 7 days of the original expected ship date and we cannot provide a new reasonable expected ship date, the order will be canceled.

  1. Note to Federal Customers

Smartzone products are not offered through a GSA scheduled contract.

  1. All Items Are Sold for Domestic Consumption in the United States

If exported, purchaser assumes full responsibility for compliance with US export controls.

Shipping Policy Exceptions

Not all products qualify for the above Shipping Policy. Additionally, standard shipping rates will apply for all orders to Alaska and Hawaii. Any charges incurred for hazardous materials or other special handling by the carrier must be paid by the customer. Fuel surcharges may be applied.

Return Policy, Limited Warranty and Limitation of Liability

  1. 30-Day Satisfaction Guarantee

If you are not satisfied for any reason products may be returned within 30 days of shipment for a full credit or exchange (provided the product is undamaged). Return documentation should clearly specify credit or exchange. Certain restrictions apply. Smartzone reserves the right to refuse or limit any returns, that, in Smartzone’s sole judgment, appear to be fraudulent, abusive, in violation of these terms, or otherwise inappropriate. 

  1. Business Customers’ Limited Warranty

Smartzone warrants any product purchased for use in business or resale against defects in workmanship or materials under normal use for a period of one year from the date of purchase. Any product determined by Smartzone to be defective in material or workmanship and returned to Smartzone shipping costs prepaid will, at Smartzone option, be repaired or replaced or the purchase price refunded.

  1. Warranty Disclaimer and Limitation of Liability

DISCLAIMER AND LIMITATIONS. ALL OTHER WARRANTIES TO ANY BUSINESS CUSTOMER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ARE SPECIFICALLY DISCLAIMED, EXCEPT WHERE PROHIBITED BY STATE LAW. 

LIMITATION OF LIABILITY. SMARTZONE EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. SMARTZONE’ LIABILITY IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.

  1. Product Compliance and Suitability.

Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. Smartzone does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Smartzone accept responsibility for construction, installation and/or use of a product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.

 

Product Information

  1. Catalog/Website Information

Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to any Smartzone catalog, literature or websites does not constitute the right to purchase products. Smartzone reserves the right to revise publishing errors in its catalogs or any of its websites.

Despite our efforts, occasional pricing errors may occur in the Smartzone catalogs and websites. Smartzone reserves the right to cancel any and all orders resulting from such pricing errors, even if customer has received an order confirmation from Smartzone.

  1. Product Substitution

Products (and country of origin) may be substituted and may not be identical to catalog or website published descriptions and/or images.

  1. Occupational Safety and Health Administration (“OSHA”) Hazardous Substance

Material Safety Data Sheets (“MSDS”) for OSHA defined hazardous substances are prepared and supplied by the manufacturers. SMARTZONE MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE RECOMMENDATIONS IN ANY MSDS. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT.

  1. California Proposition 65

Proposition 65. For products denoted with a   symbol the following warnings apply:

  1.   WARNING: This product can expose you to chemicals that are known to the State of California to cause cancer. For a complete list of chemicals or more information go to www.P65Warnings.ca.gov.
  2.   WARNING:This product can expose you to chemicals that are known to the State of California to cause birth defects or other reproductive harm. For a complete list of chemicals or more information go to www.P65Warnings.ca.gov.
  3.   WARNING: This product can expose you to chemicals that are known to the State of California to cause cancer and birth defects or other reproductive harm. For a complete list of chemicals or more information go towww.P65Warnings.ca.gov.
  4.   WARNING:Cancer. For more information and a complete list of chemicals go to www.P65Warnings.ca.gov.
  5.   WARNING:Reproductive Harm. For more information and a complete list of chemicals go to www.P65Warnings.ca.gov.
  6.   WARNING: Cancer and Reproductive Harm. For more information and a complete list of chemicals go to www.P65Warnings.ca.gov.
  7. California, Louisiana, Maryland and Vermont Customers

Regulations in CA, LA, MD and VT prohibit the introduction into commerce of any solder, flux, pipe, pipe or plumbing fitting, or fixture intended to convey or dispense water for human consumption that is not “lead free”. The maximum allowable lead content is 0.25 percent lead in wetted surfaces of pipes, pipe fittings, and plumbing fittings and fixtures, as determined by a weighted average. The maximum allowable lead content is 0.2 percent lead in solder and flux.

  1. Product Compliance and Suitability.

Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. Smartzone does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Smartzone accept responsibility for construction, installation and/or use of a product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.

General Terms

  1. Intellectual Property

Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights reserved by Smartzone, or any trademarks or service marks owned by suppliers to Smartzone. 

  1. Force Majeure

Smartzone shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Smartzone in the conduct of its business.

  1. Assignment

Customer shall not assign any order, or any interest therein, without the prior written consent of Smartzone. Any actual or attempted assignment without Smartzone’s prior written consent shall entitle Smartzone to cancel such order upon notice to customer.

  1. No Third Party Benefit

The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.

  1. Waiver, Choice of Law and Venue

The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non‑performance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Illinois, excluding its conflict of law rules, and venue shall either be in the state courts in Lake County, Illinois or the federal courts for the Northern District of Illinois.

  1. Severability

If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.

  1. Modification of Terms

Smartzone’s acceptance of any order is subject to customer’s assent to all of the terms and conditions set forth herein. Customer’s assent to these terms and conditions shall be presumed from customer’s receipt of Smartzone’s acknowledgment, or from customer’s acceptance of all or any part of the products ordered. No additions or modifications of Smartzone’s terms and conditions by customer shall be binding upon Smartzone, unless agreed to in writing by an authorized representative of Smartzone. If a purchase order or other correspondence submitted by customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in Smartzone’s acknowledgment, Smartzone’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by customer, and will not constitute a waiver by Smartzone of any of the terms and conditions contained herein or in Smartzone’s acknowledgment.

Access and Use of Smartzone Property

Access to this Smartzone Property is limited to viewing the linked pages solely for legitimate business purposes, and subject to these Terms. Any access or attempt to access other areas of any Smartzone computer system or other information contained on the system for any purposes is strictly prohibited.

Smartzone Content

Content on this Smartzone Property that is provided by Smartzone or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Smartzone Content”) is the property of Smartzone and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any Smartzone Content located on the Smartzone Property for use in any publications, in public performances, on websites other than this Smartzone Property for any unpermitted commercial purpose, in connection with products or services that are not those of Smartzone, in any other manner that is likely to cause confusion, that disparages or discredits Smartzone and/or its licensors, that dilutes the strength of Smartzone’s or its licensors’ intellectual property, or that otherwise infringes Smartzone’s or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree to in no other way misuse any Smartzone Content or User Content that appears on this Smartzone Property.

Use of the Smartzone Property and Posting Policy

The following requirements apply to your use the Smartzone Property: (a) you will not use any electronic communication feature of the Smartzone Property for any purpose that is unlawful, tortuous, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Smartzone Property for any commercial transactions that are unrelated to the purposes for which the Smartzone Property was provided; (e) you will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

From time to time on certain areas of the Smartzone Property you may be able to submit reviews and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Smartzone; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Smartzone, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Smartzone Property, or feature of the Smartzone Property. You further understand and agree that you have no ownership rights in any account you may have with us or other access to the Smartzone Property or features therein. Smartzone may cancel your account and delete all User Content associated with your account at any time, and without notice, if Smartzone deems that you have violated these Terms, the law, or for any other reason. Smartzone assumes no liability for any information removed from our Smartzone Property, and reserves the right to permanently restrict access to the Smartzone Property or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the Smartzone Property, you hereby grant to Smartzone a limited, non‑exclusive, sub‑licensable, worldwide, fully‑paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Smartzone Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to Smartzone or our initiatives (your "Ideas"). With respect to Ideas you acknowledge that: (a) Smartzone receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that Smartzone’s review of the Ideas is not an admission of novelty, priority or originality; and (b) Smartzone’s use of any similar Ideas, whether based on your User Content, provided to Smartzone by third parties, or independently developed or considered by Smartzone, shall be without obligation to you.

Indemnification

You agree to indemnify and hold Smartzone, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Posting Policy, or which arises from the use of User Content you submitted, posted, or otherwise provided to Smartzone or this Smartzone Property.

Representations and Limitations of Liability

Smartzone makes no representations about the reliability of the features of this Smartzone Property, the Content, User Content, or any other Smartzone Property feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Smartzone makes no representations regarding the amount of time that any Content or User Content will be preserved.

Smartzone does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Smartzone without the prior review and written approval of Smartzone.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SMARTZONE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL SMARTZONE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND SMARTZONE’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL SMARTZONE OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF SMARTZONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Cross Reference Information

Product cross‑reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are fully comparable. Please review specifications prior to purchase.

Miscellaneous

These Terms will be governed by and construed in accordance with the internal laws of Illinois without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Lake County, Illinois. These Terms operate to the fullest extent permissible by law. Accessing materials on this Smartzone Property by certain persons in certain countries may not be lawful, and Smartzone makes no representation that materials on this Smartzone Property are appropriate or available for use in locations outside the United States. If you choose to access this Smartzone Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.