Terms of Service

Welcome to ACWSupply.com The following agreement (the "Terms of Service" or "these Terms") describes the terms on which ACWSupply ("ACW" or "we") offers you access to its services. These services are presented at the URL http://www.ACWSupply.com and its subdomains ("our Site"). By using our Site, you agree to these Terms, to any additional policies or terms that are referenced with hyperlinks from these Terms, and also to comply with all applicable laws and regulations, including United States Copyright and Trademark laws. If you do not so agree, you are prohibited from accessing or using ACWSupply.com.

We may amend these Terms at any time, and the amendments become effective at the time they are posted at our Site. You agree that each time you visit our Site, you shall be subject to and bound by the current Terms of Service. Further, these Terms are subject to change without notice. Any such changes may apply to unshipped, accepted orders. A link to these Terms is prominently displayed in the footer on our home page.

These Terms of Service constitute the entire agreement between us relating to your use of ACWSupply.com. These terms may only be modified by a revision on our Site, or through a written document signed by ACWSupply.

TERMS OF SERVICE FOR ACWSUPPLY.COM:

1. SALES TO UNITED STATES OF AMERICA ONLY. For both warranty and legal reasons, at this time we do NOT ship orders outside of the United States.

2. ACCOUNT REQUIRED. You must establish an account to purchase at our Site. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Data") and maintain and promptly update the Registration Data as needed to support future purchases. ACW reserves all rights to vigorously pursue legal action against all persons who make purchases from us using false personal information and to suspend or cancel Accounts registered with inaccurate or incomplete information.

3. ONLINE ORDERS. There is no agreement to buy or sell products between you and ACW until an order you place on our site successfully completed and is accepted by our Site. A sales agreement between you and ACW is formed only when an order you place is accepted by ACW in the manner set forth in the specific ordering instructions on our Site. We do not accept orders by telephone, email or postal mail.

4. ORDER PROCESSING AND CONFIRMATIONS. We normally process orders within 1-2 business normal days. Business days for our order desk are Monday through Friday, excluding holidays and periodic inventory shut-downs. As a courtesy, we attempt to send an e-mail confirmation of your order to the email address registered for your account, but these confirmations may not reach you due to an incorrect email address, problems with the email transition, or other causes. The current status of your order is available on this web site at all times, please be sure to check here periodically for updated information regarding the status of your order.

5. ALL SALES ARE FINAL - NO EXCHANGES OR RETURNS. All sales are final. We do not make exchanges and we do not make returns unless a product is damaged in shipping or defective in which case we will replace the item. We cannot offer our extremely competitive prices and also accept returns. Make sure you know what you are buying before placing your order! If you have any questions CONTACT US before placing your order.

6. NO CANCELLATIONS. Once an order is accepted by our site, it is final. Please be sure that you know what you are buying, and that you have ordered the correct items and the correct quantities. If you have questions about any product on our site, please CONTACT US before you buy it!

If you discover an error in your order, we may be able to correct your error on a "best efforts" basis. Contact Us immediately though our Site or by email to info@ACWSupply.com, and we will attempt to intercept the order before it is shipped. You accept that we may not receive or read your message right away, that we do not operate on a 24x7x365 basis, and that we may not be able to correct your mistake in time. If we are able to intercept an order you want to change or cancel before it is shipped, you will be subject to an order change/cancellation fee equal to 5% of the price of the items canceled or changed or $25, whichever is larger. We may need to collect your credit card number from you again in order to charge this fee, and you agree to provide your credit card information to us for this purpose.

7. DIFFERENT BILLING AND SHIPPING ADDRESSES. We will only ship your order to the current address for your credit card. We do not accept alternate ship-to addresses. This is one way we deal with the ever growing problem of fraud on the internet. Unfortunately we can't offer such great prices and also support different bill-to and ship-to addresses.

8. SHIPPING and WILL CALL. Most orders ship within two normal business days. Business days for our fulfillment warehouses are Monday through Friday, excluding holidays and periodic inventory shut-downs.

ALL ORDERS ARE SHIPPED SIGNATURE REQUIRED. There are no exceptions to this policy.

We do not offer “Will Call” or pick-up service. All orders will be shipped. No exceptions.

9. BACKORDERS AND MISSING ITEMS. We ship all in-stock items as soon as possible. Backorders ship when available at no additional shipping cost. Backorder information may not reach us before your order arrives, depending on shipping times. When you receive a shipment from ACW, please verify the products in your shipment. You MUST notify us within 7 calendar days of receipt regarding any items which are missing from your order via the Contact Us page on our Site or through email at info@ACWSupply.com.

10. DAMAGED ITEMS. If any items in your shipment appear to be damaged, you MUST notify us within 7 days of receipt using the Contact Us page on our Site or by email to info@ACWSupply.com. All claims for damaged items must include a description of the problem plus a digital photo of the damage. Claims made after this window or without appropriate supporting documentation will not be honored. Photos must be of sufficient resolution to allow us to clearly see the problem. All damaged items will be investigated and you agree to give ACWSupply at least 5 business days for an investigation. Damaged items are replaced, not credited. When we have completed our investigation, we will provide instructions on how to proceed. If we authorize a return, the terms below for AUTHORIZED RETURNS will apply.

11. DEFECTIVE ITEMS. Unfortunately, products sometimes fail within their warranty period, including some which fail right away, so-called "out of box" failures. Most of the products that we sell are covered by manufacturer warranties, and defective items are treated in accordance with the applicable warranty. We are happy to facilitate your warranty repair or return for any item that fails within its warranty period that you bought from us, including those which fail immediately. Please Contact Us if you need our assistance to facilitate a warranty repair or exchange, or if you have any questions about the warranty process. ACWSupply does not offer any product warranty or guarantee. Only those warranties and/or guarantees offered by the manufacturers of the products we sell are available.

We may be able to arrange a "swap" for an item that fails immediately ("out of box"), if the manufacturer agrees, and you contact us right away. All claims must be submitted through the Contact Us page on our Site or by email to info@ACWSupply.com within 7 days of receipt of goods INCLUDING any requested documentation and/or photos. Claims made after this window will not be honored. We may ask you to send a digital photo of the damaged item. Photos must be of sufficient resolution to allow us to clearly see the problem. Whether an item can be swapped is subject to terms between the fulfillment warehouse and the manufacturer, and varies between manufacturers. Please consult the warranty documentation that came with any products covered by warranty as well as our Warranty Information page.

We may ask you, in rare cases, to return an item for inspection. In this case we will provide a prepaid freight label and return instructions. If we authorize a return, the terms below for AUTHORIZED RETURNS will apply.

12. AUTHORIZED RETURNS. In the event we authorize a product return, we will send you a Return Authorization Number and a shipping tag for the item(s) you are authorized to return. All products must be returned in Saleable Condition. “Saleable condition” means that the product is in the exact condition that is would be in when new and unopened: all box contents are present, the retail packaging for the product is not damaged or marred, and the product must be new and unused (unless it is being returned because it is damaged or defective). ACW, in its sole discretion, shall determine whether a returned item is in “Saleable Condition.” All returns must be properly packaged and protected against damage in shipping including the use of an outer shipping carton and appropriate padding. Your Return Authorization Number must be clearly marked on the outside of the package in which you return your products

ALL RETURNS TO ACWSUPPLY REQUIRE A RETURN AUTHORIZATION NUMBER. WE DO NOT ACCEPT ANY RETURNS FOR ANY REASON WITHOUT A RETURN AUTHORIZATION NUMBER. Authorized returns must shipped via the freight method we select. We are not responsible for any items that you attempt to return without prior authorization, without our RMA tag properly attached or by a different freight method than authorized.

13. UNAUTHORIZED RETURNS. ACWSUPPLY IS NOT RESPONSIBLE FOR ANY PRODUCTS WHICH YOU ATTEMPT TO RETURN WITHOUT AN AUTHORIZATION NUMBER, INCLUDING SHIPMENTS FOR WHICH ANY “RECEIPT” OR DELIVERY CONFIRMATION MAY EXIST. WE SHIP FROM MULTIPLE THIRD-PARTY FULFILLMENT WAREHOUSES, ALL OF WHICH SUPPORT A VERY HIGH VOLUME OF PACKAGES. BOXES WHICH ENTER THESE FACILITIES WITHOUT AN AUTHORIZED RMA NUMBER MAY BE REJECTED, DISPOSED OF OR SET ASIDE FOR LATER INVESTIGATION. “RECEIVING DOCUMENTATION” INCLUDING ANY DELIVERY CONFIRMATION PROVIDED BY THE UNITED STATES POSTAL SERVICE, FEDEX, UPS OR ANY OTHER SHIPPER DOES NOT PROVE THAT YOUR RETURN HAS ACTUALLY BEEN RECEIVED BY THE PEOPLE AND SYSTEMS THAT HANDLE THIS TYPE OF TRANSACTION FOR ACWSUPPLY. YOU SPECIFICALLY AGREE THAT ANY SUCH DELIVERY DOCUMENTATION DOES NOT CONSTITUTE LEGAL PROOF OF YOUR UNAUTHORIZED PRODUCT RETURN TO ACWSUPPLY, AND WAIVE ANY DEFENSE THAT MAY OTHERWISE BE AVAILABLE TO YOU BASED ON SUCH DOCUMENTATION.

In the event we receive an unauthorized return from you, it will be returned. In some circumstances it may be subject to a credit, according to the following conditions. (a) The product is undamaged, and in a saleable condition. “Saleable condition” means that the product is in the exact condition that is would be in when new and unopened: all box contents are present, the retail packaging for the product is not damaged or marred, and the product is unused. ACW, in its sole discretion, shall determine whether a returned item is in “Saleable Condition.” All returns must be properly packaged and protected against damage in shipping including the use of an outer shipping carton and appropriate padding. Unauthorized returns safely received in Saleable Condition will subject to a 25% restocking fee, plus our initial cost to ship the product to you. (b) The product is undamaged, but is not in Saleable Condition. This includes the placement of shipping stickers on the retail packaging. Unauthorized returns received in this condition will subject to a 50% restocking fee, plus our initial cost to ship the product to you. Products which have been used or arrive in a damaged condition will not be credited. This includes any products which you may have previously claimed were damaged in a prior communication with us, since it would be impossible to determine whether the product was damaged during the initial shipment or during your unauthorized return shipment. No credit will be issued for damaged items.

14. REJECTED OR RETURNED SHIPMENTS. If your shipment is rejected or refused at the time of delivery, not delivered after multiple attempts, or returned to us for any reason by the shipper, it will be subject to a 25% restocking fee, plus our initial cost to ship the product to you and back to our warehouse. Once we have verified that the shipment has been returned, we will process a refund calculated as the amount initially charged for the order, minus the restocking fee and freight charges.

In rare cases, if you contact us right away, we may be able to arrange for the package to be redelivered. You will be responsible for any additional shipping or re-delivery fees which are imposed by the shipper. We may need to collect your credit card number from you again in order to charge these fees, and you agree in advance to provide your credit card information to us for this purpose.

15. CREDIT CARD DISPUTES. You agree to contact us and give us a good-faith attempt, within our normal business hours, to resolve any problems with your order before you challenge the charge with your credit card company. If, for any reason, you believe that you are not receiving the value that you paid us for whether its because your order was incomplete, a product arrived damaged or proved to be defective, an item is backordered, or for any other reason you agree to Contact Us on our Site or via email to info@ACWSupply.com about the problem, and to give us an opportunity to understand and correct it before you engage in a dispute process with your credit card company. You agree to send us an email describing the problem as soon as you discover it, and to give us at least two business days to respond to your initial inquiry. Our business days are Monday through Friday, excluding holiday and vacation days. We prefer to communicate with you in email about problems, both because we can get back to you quicker and because it provides an audit trail that protects all of us. We may ask you questions and/or require documentation including photos in order to fully understand the problem before attempting to fix it. You agree to answer questions or provide appropriate documents and/or photos when we ask. We may need to consult our fulfillment warehouse, the products manufacturer, or others in order to resolve your issue, and these communications sometimes take time. As long as we are making a good-faith effort to resolve your problem, you agree not to challenge the charge with your credit card company. Your credit card company will require you to attempt to resolve any dispute you report to them with the merchant. This is how we fulfill our side of that requirement.

16. LARGE ORDERS. Large orders may arrive via freight service, on a pallet. Signing for a pallet releases any claims you might make later for missing or damaged items. Read and follow these instructions *exactly* if you receive a freight shipment from ACW. Larger orders are usually shipped via freight service and delivered on a pallet. Receiving a freight order is different than signing for a sealed box, such as a package delivered by FedEx or UPS. When you sign for a sealed box, you dont have the opportunity to inspect the contents, and therefore can place a claim after the fact if anything is missing or damaged. When you receive a freight shipment, your signature on the Bill of Lading or Delivery Receipt means that you accept the CONTENTS of the shipment and release all claims for damaged or missing items, for good. This is not our policy, its a matter of commercial law. You must inspect and count your order BEFORE YOU SIGN the receiving document for a freight shipment. Once the Bill of Lading is signed, your rights to dispute anything about the shipment are gone.

When receiving a freight shipment:
1. The shipment will usually have a Bill of Lading (the driver often holds this document), a Packing List (usually in an adhesive plastic packet on the side of the pallet) and a Delivery Receipt. Sometimes the Bill of Lading and the Delivery Receipt are the same document. Locate the packing list and compare it to the items delivered to ensure your shipment is complete.
2. Make the driver wait until you are done inspecting. Dont let the shipping company or driver bully you in anyway you are the customer. They may pressure you if they are running behind schedule, but dont let them. Its your money that is at stake.
3. If you find any items that appear to be damaged or missing, make a note these discrepancies on the Delivery Receipt or Bill of Lading IN INK before signing and dating the document.
4. DO NOT SIGN THE DELIVERY RECEIPT OR BILL OF LADING UNTIL YOU HAVE VERIFIED THAT THE SHIPMENT IS COMPLETE AND UNDAMAGED OR NOTED ANY PROBLEMS.
5. Keep the Packing List and a copy of the signed (and notated, if applicable) Delivery Receipt.
6. If items were missing from or damaged in your shipment, CONTACT US IMMEDIATELY. Email is best for this, either via the Contact Us link on our Site or via email to info@ACWSupply.com. We will help to facilitate your claim with the shipper for missing or damaged items.

17. NO RESELLERS. Our agreements with our suppliers prohibit us from selling products to other business which intend to offer them for sale.

18. NO EXCEPTIONS. The only way we can bring you the high quality products we offer here at ACWSupply.com, at some of the lowest prices on the Internet, is because we have a highly streamlined ordering and fulfillment process. We cant keep our prices this low if we allow exceptions. Please do not Contact Us and ask for an exception to these policies. It will not be granted. And, because answering this sort of question in voicemail and email takes up a lot of time, we stopped answering them. This is your answer. No exceptions, and we mean it. Dont ask.

GENERAL
a. Limited License. ACW grants to you a non-exclusive, non-transferable, limited right to access, use and view this Web Site and its contents. ACW authorizes you download reasonable portions of its information and other contents only for your personal, non-commercial use. You will not modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use the Content for any public or commercial purpose, and you will not transfer the Content to any other person unless you give them notice of, and they agree to accept, the obligations arising under this Agreement. You agree not to interrupt or attempt to interrupt the operation of our Site in any way.

b. Accuracy of Content. Though we strive to provide accurate and timely information, there may be technical or factual inaccuracies in our content or typographical errors, for which we apologize. We reserve the right to make changes and corrections at any time, without notice. We may change, suspend, disable, or delete any and all content contained at any time, and may impose limits on certain features and services or restrict your access to parts or all of ACWSupply.com without notice or liability. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ACW.

c. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, irrespective of any applicable conflicts of law principles. All orders or product requests are subject to these Terms and applicable law, including without limitation any applicable export and import regulations and boycott restrictions.

d. Ownership. ACWSupply.com and related domains are owned and operated by ACW, and, unless otherwise noted, ACW owns the Copyright in all materials provided here. The Site itself, including all textual and graphic content, is Copyrighted 2014 by ACW, with all rights reserved.

e. Trademarks. The trademarks and service marks ("Trademarks") used or displayed on our Site are registered and unregistered trademarks of ACW and others, unless otherwise noted. Nothing in our Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on our Site without the express written permission of ACW or the trademark owner. The name "ACWSupply" or any of ACWs logos may not be used in any way without ACWs prior written consent.

f. Linking. Any link on our Site to third party web sites is being provided by ACW to you solely as a convenience. The inclusion of a link in our Site does not imply ACWs endorsement of the linked site. If you decide to access linked third-party websites, you do so at your own risk. Third party sites are not covered by ACWs Privacy Policy. ACW makes no warranty or representation regarding the linked sites themselves or the contents thereon and ACW is not in any way responsible for such information or content or for the privacy or security practices of such third party sites. ACW does not endorse or sponsor any linked web sites, the information appearing thereon, or any of the products or services described thereon.

ACW further makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or eliability for any web sites linking to this Site. ACW disclaims and forever waives any and all responsibility for the contents of any site linked to or from our Site, and assumes no responsibility, and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in our Site or any linked site.

The indemnity provisions set forth below apply in full measure to any linked site, and any person or entity linking to our Site shall indemnify and hold harmless ACW from any claim arising from or relating to the linked site.

g. Disclaimer. ACWSUPPLY.COM IS FOR INFORMATIONAL PURPOSES ONLY. THE MATERIALS AND INFORMATION FOUND ON THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. ACW DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION CONTAINED IN THE CONTENT SHALL BE AT YOUR SOLE RISK. IN NO EVENT IS ACW RESPONSIBLE FOR, AND ACW DOES NOT ACCEPT AND HEREBY DISCLAIMS LIABILITY FOR, ANY DAMAGES WHATSOEVER IN CONNECTION WITH THE USE OF OR RELIANCE ON THE INFORMATION OR OTHER CONTENT HEREIN OR BY REASON OF ANY INACCURACIES, ERRORS OR OMISSIONS IN SUCH INFORMATION OR OTHER CONTENT, OR ANY DELAY, NON-PERFORMANCE, INTERRUPTION OR TERMINATION OF THE TRANSMISSION OR DISPLAY THEREOF, FROM ANY CAUSE.

To the extent that the applicable law in your jurisdiction does not allow the exclusion of implied warranties, the above exclusions may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

h. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL ACW BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN ACWSUPPLY.COM, EVEN IF ACW OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ACWs TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

i. Contract Interpretation. If any provision of this Agreement is ruled to be unlawful, void, or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment or agency relationship exists between you and ACW as a result of this Agreement or use of this Site.

j. Indemnity. You agree to defend, indemnify, and hold ACW harmless, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of the materials or your breach of the terms of this Agreement. ACW shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense and in ACWs discretion, in defending any such claim, suit or proceeding.

k. Dispute Resolution and Legal Venue. Any dispute arising with respect to this Agreement shall be resolved by resolved by negotiation between the parties. Any complaint or legal action must be brought within one year after the claim or cause of action arises. If legal action is necessary to resolve any dispute, such action must be brought in an appropriate federal or state court located in Denver County, Colorado. You expressly waive and are estopped from asserting any right to pursue any claim against ACW relating to this Agreement in any forum or venue located outside of Denver County, Colorado. Should you file any such claim outside of Denver County, you stipulate to the transfer of the filing to any appropriate or available forum or court in Denver County, at ACWs sole discretion and at your expense. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.