Terms and Conditions of Sale
All sales by Stauff Corporation ("Stauff", “We” or “Us”) are made subject to the following terms and conditions of sale. We object to any additional or different terms in any communication previously or hereafter provided by you to us. No such additional or different terms will be of any force or effect and your placement of an order constitutes your unconditional acceptance of the following terms as the entire agreement between you and Stauff with respect to the purchase and sale of the products identified in the purchase confirmation emailed to you. You may not cancel or change an order except with our written consent.
DELIVERY, CLAIMS AND FORCE MAJEURE. Delivery of products to a carrier at Stauff's plant or other loading point shall constitute delivery to buyer; and regardless of shipping terms or freight payment, buyer shall bear all risk of loss or damage in transit. Unless we expressly agree otherwise, we reserve the right to make delivery in installments. Delay in delivery of any installment shall not relieve buyer of its obligations to accept remaining deliveries.
Claims for shortages or other errors (including damage) in delivery must be made in writing within 30 days after receipt of the shipment and failure to give notice shall constitute unqualified acceptance and a waiver of all such claims. Claims for loss or damage to goods in transit should be made to Stauff and not to the carrier.
All delivery dates are approximate. We cannot be liable for any damage as a result of any delay or failure to deliver due to any cause beyond our reasonable control, including, without limitation, any act of God, act of buyer, embargo or other governmental act, regulation or request, fire, accident, strike, slowdown, war, riot, delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay the date of delivery shall be extended for a period equal to the time lost because of the delay. Your exclusive remedy for other delays and for Stauff's inability to deliver for any reason shall be cancellation of the order and return of the products, if delivered.
CHANGES. Stauff may at any time make such changes in design and construction of products as we believe improve the products. We may use substitutes for materials unobtainable because of priorities or regulations established by governmental authority or no availability of materials from suppliers. You may change your orders only with our written consent.
Typographical Errors and Incorrect Pricing. If a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.
Order Acceptance. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
Online Payments. We accept the following credit cards issued by U.S. banks: MasterCard®, Visa®, and Discover®. We will also accept payments via PayPal®. If a credit card account is being used for a transaction, Stauff may obtain pre-approval for an amount up to the amount of the payment. You represent and warrant that if you are making online payments that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
Sales Tax. If your order includes taxable items, the shipping charge (if any) will only apply to the taxable items and may be subject to tax depending upon the state laws of the ship to location.
Quantity Limits. Stauff reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Stauff also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers (those individuals or entities purchasing or intending to purchase any product(s) from Stauff for the purpose of engaging in a commercial sale of that same product(s) with a third party).
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. Stauff does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Stauff accept responsibility for construction, installation and/or use of a product. It is your 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.
Cancellation. All product order cancellations, if not prohibited above, must be approved by Stauff, and may be denied or subject to restocking fees and other charges.
RETURNS AND EXCHANGES. Please contact Stauff if not satisfied with a product for any reason. Stauff will promptly provide an exchange or refund if the product is returned within 30 days of delivery, in its original packaging and with proof of purchase.
At this time, we are not accepting online exchange requests. However, if there is an issue with your order due to our error, please call 201-444-7800 for assistance between 9am and 4pm Mondays to Fridays.
Warranty disclaimer AND LIMITATION OF DAMAGES. EXCEPT AS SET FORTH HEREIN, NO WARRANTY OR AFFIRMATION OF FACT OR DESCRIPTION, EXPRESS OR IMPLIED, IS MADE OR AUTHORIZED BY STAUFF. STAUFF DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. STAUFF ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. STAUFF EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES TO THE EXTENT PERMISSIBLE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY AND you may have other rights which vary from state to state.
Any dispute or claim relating in any way to purchase any STAUFF products will be adjudicated in the state of New Jersey, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.