Terms of Sale

INTRODUCTION

By purchasing products and from Rezcor you acknowledge and agree to be bound by the following terms of Sale (the "Terms of Sale", the "Terms of Trade" or the "Terms") which together with Rezcor's Privacy Policy and Terms of Use and Returns Policy govern Rezcor relationship with you in relation to our website and our trade. If you do not agree to be bound by these terms, please do not place an order with us.

If you have any questions relating to these terms, please contact us by e-mail, or call us (toll free) on 800-678-0023, 7 days a week, 24 hours a day.

From time to time we may make changes to these Terms of Sale. You should check this section of the website periodically to ensure that you are happy with any changes. This policy is effective from 24th November 2016.

No amendment, alteration, waiver or cancellation of any of these terms is binding on Rezcor unless confirmed by us in writing. The customer acknowledges that no employee or agent of Rezcor is authorized to make any representation, warranty or promise in relation to the goods or services sold pursuant to this agreement or these terms of sale, other than as contained in these terms or as confirmed in writing by us.

1. DEFINITION OF TERMS

1.1 'You', 'your', 'customer' collectively mean any entity, including but not limited to a body corporate or natural person who requests a quote for, orders, or purchases products from Rezcor.

1.2 "Products" mean all products quoted, advertised sold, distributed and/or delivered by Rezcor to the customer.

2. PRICES AND PAYMENT

  1. a. Prices displayed on the website are in US Dollars (USD, $).
  2. b. Listed prices do not include taxes, duties, excises or shipping charges.
  3. c. Taxes and shipping charges are applicable on all orders and will be displayed at checkout to be paid by the customer.
  4. d. Rezcor reserves the right to change prices without prior notice to the customer.
  5. f. If we discover an error in the price of goods or services you have ordered, we will contact you as soon as possible to ask whether you would like to reconfirm your order at the correct price or cancel it. If we cannot contact you after reasonable attempts, we may cancel your order for the incorrectly priced item. If a payment has been charged or accepted on such an order, we will refund the credit or the account that was charged.

3. PAYMENT TERMS

3.1 Payments

  1. a. Payment for any orders you place for goods or services on the site is due immediately at the end of the checkout process.
  2. b. Upon completion of the checkout process and your full payment, we will send you an order acknowledgement email detailing the products you have ordered.
  3. c. Rezcor accepts the following types of payment methods:
    1. i. Credit Card including and limited to VISA, MasterCard and American Express
    2. ii. Discover Card
    3. iii. Established Accounts receivable accounts are eligible to send payment via check and wire transfers

3.2 Acceptance

  1. a. Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the products you purchased, unless we have notified you that we do not accept your order, or you have cancelled it.
  2. b. Despatch date of goods is subject to availability of stock.
  3. c. Availability of stock, despatch and delivery dates are given as estimates only.
  4. d. The customer agrees that Rezcor is not liable in any case for any consequential or other direct or indirect loss or damage of any kind, (including but not limited to loss of profit or any economic loss), arising out of its recklessness, negligence, inability or failure to dispatch or deliver goods within the stated timeframe.
  5. e. We reserve the right to place limits upon the quantity of items that are purchased by you on our site.
  6. f. We reserve the right not to accept your order as a result of one of the following occurring, without limitation:
    1. i) we cannot provide you with the goods or services for any reason, including but not limited to description or price errors
    2. ii) we cannot obtain authorisation for your payment
    3. iii) you do not meet the eligibility to order criteria set out in the Terms of Sale
  7. g. The customer agrees that they will not set-off from any payment any counter claims that the customer may have against Rezcor.

3.3 Title of Goods

Until we received your complete payment title in all our goods or services remain vested in us. Upon delivery of goods to the shipping carrier, title and any risks of loss are vested in the buyer.

4. RETURNS POLICY

4.1 Cancellation Policy

Our customer service team is here to help. If you would like to cancel your order, please contact us (toll free) on 888-510-0271, 7 days a week, 24hours a day. If we have already dispatched the goods, then return procedure applies. Please see ‘Refunds & Returns’ below.

4.2 Refunds & Returns

We are confident that you enjoy the products you have purchased from us but if you need to return them for any reason, please contact us (toll free) on 800-678-0023, 7 days a week, 24hours a day. Our customer support team will issue you with a Returned Material Authorization (RMA).

Rezcor will accept returns of products purchased from provided that:

  1. a. the goods being returned 30 days of us having received your notification to return;
  2. b. the goods being returned are received by us in their original condition and in their original packaging;
  3. c. the customer pays for all delivery, insurance and handling charges including any return delivery and handling charges, unless the return is due to an error made by us in which case 4.3 applies.
  4. d. Upon receiving the goods, we will process a refund and your card will be credited back any due amounts.

4.3 Claims for Short Deliveries, Incorrect Goods and Faulty Goods

We have an excellent record of getting the right product to the right person in the right time. However errors may sometimes occur on our behalf. If we have made an error for example, sent short orders, supplied you with the incorrect goods or sent faulty or defective goods, please make a claim with us. All claims for short deliveries, incorrect orders of faulty goods, must be made by the customer within 10 days of receiving their order by contacting us (toll free) on 800-678-0023, 7 days a week, 24 hours a day.

We are committed to rectifying the claim either by sending you correct goods replacing faulty or defective goods, or by making good on the short delivery.

If you choose to return the goods in the case where we have made any of the above errors, our customer support team will issue you with a Returned Material Authorization (RMA) and may issue you with a pre-paid return label to cover return shipping costs.

That customer understands that:

  1. a. Nothing in these terms shall oblige Rezcor to accept returns of goods for credit if such goods were damaged in any way by customer negligence, recklessness or the customer in any other mishandling the goods, including but not limited to where the customer has attempted to assemble or install the goods.
  2. b. Rezcor will not accept any claims for faulty goods if the goods have been used in any other manner and for any application other than their intended use.

5. LIMITATION OF LIABILITY

To the fullest extent permissible under applicable law, we disclaim any and all warranties and guarantees of any kind, whether express or implied, in relation to our products and services.

Nothing in this clause affects your statutory rights as a consumer, including but without limitation your contract cancellation rights.

We will not be liable and you hold us harmless, in contract, tort (including, without limitation, negligence and recklessness), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms of Sale, our goods or services for:

  1. a. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  2. b. any loss of goodwill or reputation; or
  3. c. any special or indirect losses

suffered or incurred by any party arising out of or in connection with the Terms of Sale, our goods or services

6. SEVERANCE

If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms of Sale and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.

7. WAIVER

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

8. SURVIVAL

Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

9. GOVERNING LAW

These Terms will be governed by and construed in accordance with the laws of the state of Utah. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Utah. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or un-enforceability will not affect the remainder of these Terms, which will continue in full force and effect.