WEB TERMS AND CONDITIONS
Diamond Tool & Fasteners, Inc. (the “Company”) provides certain website features and other products and services to you when you visit diamondtool.net or purchase any product from the Company (collectively, the "Services"). By purchasing products or using any of the other Services, you agree that you have read, understood and agree to be bound by all of the provisions set forth herein and the terms and conditions on any quotation, order acknowledgment, invoice or other form you receive from the Company, all of which constitute a single agreement between you and the Company (collectively, the "Web Terms and Conditions"). The Web Terms and Conditions constitute the exclusive agreement between you and the Company with respect to the Services and the content accessed through the Services (the "Content").
EFFECTIVE DATE AND CHANGES IN TERMS
The Web Terms and Conditions are effective as of the version date set forth at the end of the Web Terms and Conditions. We reserve the right to change the Web Terms and Conditions at any time by providing notice to you, and your use after any change signifies your acceptance of the changed terms. That notice may be given by making a revision to the Web Terms and Conditions and changing the version date shown below.
The Company grants you a limited, nonexclusive, non-transferable license to access and use the Services and the Content only in accordance with and for the purposes set forth in the Web Terms and Conditions. You do not have permission to access or use the Services or the Content in any way or for any purpose that involves a violation of the Web Terms and Conditions. The Company retains the right to terminate your limited use license at will, at any time. The Services and the Content are only for your use in deciding whether to purchase products from us and in purchasing products from us. All title, ownership and other rights in and to the Services and Content are owned, or licensed from a third party, by the Company. Unless expressly permitted by us, any downloading, copying, mirroring, archiving, intercepting or redirecting of the Content is prohibited. Redistribution, making a derivative work from and any other commercial exploitation of any of the Content or Services are prohibited.
We are pleased to hear from our customers. However, any ideas you disclose to us shall be deemed the property of the Company. We are free to use any such disclosure for any purpose and in any media without compensation, and you warrant that all "moral rights" in any such disclosure have been waived. The Company reserves the right to regulate all content provided by third parties, but we are not responsible for that content.
- PURCHASES; PRICES; PAYMENT: Prices, title and risk of loss are F.O.B. our warehouse. Published prices don't include taxes, duties or shipping and may be changed without notice. Open accounts are available on approval. Payment on open accounts is due within 30 days of shipment. Visa, MasterCard, Discover and American Express are accepted for orders. Credit card arrangements are subject to change. We reserve the right to correct typographic errors and reject or cancel orders.
- LIMITED PRODUCT WARRANTY. Our only warranty obligation is to replace any item proved defective in material or workmanship. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, ARE DISCLAIMED. Some states do not allow exclusions or limitations of implied warranties, so the foregoing limitation may not apply to you and you may have additional rights.
- PRODUCT INFORMATION: Information about products is as provided by our supplier. We make no warranty or representation concerning that information and will have no liability therefor. Images shown are for reference and may not accurately represent the current product.
- SALES OR USE TAX YOU MAY OWE TO YOUR STATE: We collect sales tax, where appropriate, from customers in Pennsylvania, Maryland, New York and New Jersey. Each State is governed by specific requirements for sales/use tax.
SHIPPING AND RETURNS
- PO BOXES AND APO ADDRESSES: Due to shipping constraints, we cannot ship to PO Boxes or APO addresses.
- SHIPPING TIMES: Guaranteed delivery times are for the amount of time the package spent in transit. That is, packaging and pulling of inventory can take time, and is not included in the determination of how long a package was in shipment. We do our best to ship your products the day you order them. Most orders placed by 2:00pm EST will ship same day. Orders placed after 2:00pm EST may ship the following day. Unless otherwise stated, if we inform you that your order has been completed, it will ship by the end of the business day. Orders placed on Saturday or Sunday will be processed on Monday. Delays due to Acts of God, weather or other unusual circumstances are not refundable.
- SHIPPING: We use UPS to ship our products to you, our valued customers. Packages under 150lbs and that meet certain size requirements can be shipped via UPS. It is important to choose Business or Residential delivery correctly. The customer will be held responsible for additional charges if chosen incorrectly. Any claims regarding your shipment must be filed with us within 5 business days of delivery. Claims filed after that time may not be honored. Some items may be drop shipped directly from the manufacturer. Should your items arrive damaged, it is important that you refuse the shipment and indicate to the driver that the shipment is damaged. Out of stock items under $10.00 will be cancelled from your order and will need to be reordered at a later time. In the event that an order has a lead time longer than 30 days, the customer will be contacted to determine if they would like to proceed or cancel their order. Diamond Tool will notify the customer of any changes in shipping costs or changes in expected lead time before processing the order.
- SHIPPING PROMOTIONS: At times, Diamond Tool may offer shipping promotions. These promotions are limited to items below 100lbs, which meet certain size and packaging constraints, and where weight to cost ratio - as determined by us - are not excessive. Items that cannot be shipped via UPS Ground do not qualify for these promotions. Freight & Truck Line and/or expedited shipments are not ground shipping. Aerosols & liquids may not qualify for free shipping. Free shipping promotions only apply to the Continental USA.
- TRUCK DELIVERIES AND LARGE/BULKY/HEAVY ITEMS: We stock many industrial and commercial grade tools and accessories. Some of these items are large, heavy and/or bulky. These items may not be able to be shipped via regular ground methods such as UPS and will require a Freight or Truck delivery, or have excessive shipping fees associated due to their weight. All Free Freight promotions only apply to items that can be shipped via standard UPS Ground without exceeding resonable weight and not Freight or LTL methods. When shipping to a business, please choose whether you need a liftgate or not. Without liftgate service, you will be responsible for removing/off loading your order from the truck. If your site has a forklift or loading dock, you may wish to choose the no liftgate option. If liftgate is required at time of delivery but not selected during ordering, you will be responsible for any additional charges. If your delivery location is actually a residential address, you will be responsible for additional charges that will be charged by the freight carrier. Truck carriers charge additional fees for delivering to residential addresses. This is in part due to the necessity of loading shipments to smaller trucks that are better able to navigate residential locations.
- RETURNS: Due to the current COVID-19 crisis, we can not accept returns on any products. ALL SALES ARE FINAL until we are able to honor our regular return policy. Upon delivery, please inspect the packaging carefully. If the product is damaged, please take photos and send them to us immediately so that we may assist in replacing the order.
- If your order includes a free item offered with purchase of an item, and you return the purchased item, you must also return the free item. If you do not return the free item, you will be charged the retail price for it.
If you need to make a return, please follow these directions and contact us so that we can solve the problem. Do not institute a charge back with your credit card company or Paypal before contacting us. If you do not contact us, you will be liable for all fees imposed upon us for a charge back.
- NO OTHER REPRESENTATIONS OR WARRANTIES: WE MAKE NO REPRESENTATION OR WARRANTY THAT PRODUCTS OFFERED FOR SALE ARE LEGAL, AVAILABLE OR APPROPRIATE FOR YOUR PURPOSES OR FOR USE IN YOUR COUNTRY OR REGION. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LAWS GOVERNING YOUR USE OF THESE PRODUCTS. THE SERVICES AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES. YOU AGREE TO HOLD THE COMPANY HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE COMPANY FOR, ANY CLAIMS BASED ON USE OF THE SERVICES OR THE CONTENT.
- LIMITATION OF LIABILITY AND REMEDY: UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR PURCHASE OF ANY PRODUCTS FROM US OR ANY USE OF, OR THE INABILITY TO USE, ANY OF THE CONTENT OR ANY OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Except to the extent otherwise explicitly provided in the Web Terms and Conditions, your only recourse with respect to claims related to purchased products is the right to return the products and obtain a refund of the purchase price. IN NO EVENT SHALL OUR 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 THE SERVICES OR CONTENT OR, WITH RESPECT TO A CLAIM RELATING TO ANY ONE OR MORE PRODUCTS PURCHASED FROM US, THE PURCHASE PRICE OF THE PRODUCTS THAT GIVE RISE TO THE CLAIM. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the foregoing limitation or exclusion may not apply to you.
- YOUR OBLIGATIONS: You warrant, represent and agree: (1) to comply with all laws; (2) that our sale and shipment of any product ordered by you will not, by export thereof, your legal status or otherwise, cause us to violate any law; and (3) to indemnify us against any damages, losses and costs incurred from a failure by you to comply with any law or the Web Terms and Conditions or from any unlawful use by anyone of any product ordered by you.
- SECURITY AND COOKIES: The security of your information is important to us. When you use some of the Services, we can identify you in later visits by looking for a cookie. A cookie is a small text file stored on your computer or mobile device. Cookies are commonly used to retain and speed the transfer of information for online services. The file does not contain any personal information and cannot be used to harm or access information on your computer or mobile device. If for any reason you do not wish to take advantage of cookies when accessing our website you can set your web browser to refuse to accept them. Whenever we transmit your credit card information over the Internet, we use industry standard Secure Socket Layer (SSL) encryption for all pages containing private information pertaining to your shipments. Your full credit card number is never displayed through electronic Services.
- TRADEMARKS AND COPYRIGHTS: Diamond Tool, DIAMONDTOOL.NET, and other Diamond Tool graphics, logos, page headers, button icons, scripts, and service names are trademarks of Diamond Tool & Fasteners, Inc. or its affiliates in the U.S. and/or other countries. Nothing on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on this site without the prior written authorization of the owner.
- JURISDICTION AND CHOICE OF LAW: The Web Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable to contracts made and to be performed in Pennsylvania, without giving effect to conflict of law principles, and applicable federal law. You irrevocably consent to the exclusive jurisdiction of the courts located in Philadelphia, Pennsylvania in connection with any action arising out of or related to the Web Terms and Conditions or the Services or the Content. Notwithstanding the foregoing, proceedings to enforce the result of any such adjudication may be brought in any applicable forum.
- MISCELLENEOUS: Our failure to assert a right or insist upon compliance with any term or condition shall not constitute a waiver of that right or excuse any subsequent noncompliance. If any provision of the Web Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms and shall not affect the validity and enforceability of any remaining provisions.
Customer may not resell direct access to the Products or Services to a third party outside Customer’s enterprise or combine the Products or Services with Customer’s value add to create a commercially available Customer branded solution for which Customer charges a fee.