Billing Terms & Conditions
All sales made by Smallwood Lock & Supply, Inc through its online division, SmallwoodLock.com (hereinafter referred to as "Seller"), are subject to the following terms and conditions, which shall supersede and prevail over any and all terms of sale utilized by any person or entity ("Purchaser") purchasing goods from Seller.
Sales Transactions: Sales will be made only to Purchasers located in the 48 continental United States. Seller does not ship to Alaska, Hawaii, Puerto Rico or APO/FPO.
Payment Options: Seller only accepts Visa, MasterCard, Discover and Paypal. All billing addresses must be in the 48 continental United States. Purchaser’s credit card or Paypal account will be charged immediately upon completion of the website checkout process.
Sales Tax: Seller collects sales tax for shipments delivered in the state of Kansas. Purchasers receiving shipments in other states shall be solely responsible for remitting any and all sales, use or other applicable taxes to the proper state taxing authorities.
Prices: Prices on the Seller’s web site are subject to change without notice. Price quotes expire thirty (30) days from the date of issue, unless otherwise noted by Seller.
Order Processing: Seller provides one options for order processing: Standard. Standard orders ship within approximately 5 business days from the date the order is received and confirmed. Some Standard orders may ship a day or two earlier while some may ship at a later date due to lead times from factory. For the purposes of determining days to shipment, orders received after 2:30 Eastern Time will be considered next day business. Furthermore, Business Days are Monday through Friday excluding holidays.
Order Changes or Cancellations: Once Purchaser has completed the website checkout process and payment has been processed as set forth in items above, Purchaser’s order is complete. Changes and/or cancellations to completed orders must be processed as a Return, the process of which is described below.
Shipping: All orders are shipped ground via common carrier (e.g. UPS, FedEx, etc.). Next Day Air and Second Day Air shipping options are NOT available.
Shortages: Purchaser must notify Seller by confirmed email within 2 business days of any alleged shortage in a shipment. Seller will work with Purchaser and manufacturer to resolve any product shortages.
Damaged Goods: Title and risk of loss for products shall pass to the Purchaser when the products are delivered to the freight carrier. Seller makes every effort to ensure goods reach Purchaser without damage. If a product is damaged in transit, the Purchaser's sole recourse is to file a claim with the carrier. To preserve rights with the freight carrier it is important that the Purchaser carefully inspect the package when it is delivered. If damage is found the Purchaser must note "Package Damaged" when signing for the shipment. This will facilitate making a claim with the carrier.
Returns: No returns of any kind will be accepted without prior authorization from Seller. Purchaser must contact Seller via email to obtain an RGA number prior to returning a product. Product must be in original factory condition and have not been installed or otherwise used. If a product has been assembled, installed or modified, the product may not be returned. Additionally, if power has been applied to an electrical product, the product may not be returned. Purchaser must return the product in the original factory packaging and with all accessories, inserts, manuals, etc.
Correctly Shipped Product: Returns of product from a correctly filled order will be subject to manufacturer's approval and will be subject to a 35% restocking charge. Carefully pack the product and ship it freight prepaid and insured for the full purchase price to the address supplied in the RGA. Seller is not responsible for damage or loss to un or underinsured return shipments. The RGA number must be clearly written on the outside of the shipping container otherwise the package may be refused and returned to Purchaser unopened. Make a record of the return tracking number and email it to us so we can track the return. Purchaser's credit card or Paypal account will be credited only upon receipt by Seller of a credit from the manufacturer, which could take several weeks. Return shipping fees are non-refundable.
Incorrectly Shipped Product: Returns of product that was shipped incorrectly due to an error by either Seller or the manufacturer will be eligible for return with no restocking charge. Seller will provide shipping labels and will arrange to have the product shipped back at no cost to the Purchaser. Carefully pack the product and prepare it for shipment. Write the RGA number clearly on the outside of the shipping container and affix the shipping labels. Deliver the shipping container to the freight carrier when they arrive to pick it up. Purchaser's credit card or Paypal account will be credited only upon receipt by Seller of a credit from the manufacturer, which could take several weeks.
Defective Product: Since title to the product passes to the Purchaser when the products are delivered to the freight carrier, returns of defective product will only be accepted under warranty procedures established by the manufacturer. Replacement of defective product is the typical remedy. Seller will work with the Purchaser and the manufacturer to help facilitate any warranty claims that may arise. Generally, the defective product must be returned to the manufacturer to be evaluated so that credit may be issued. Specific return instructions will vary by manufacturer and will be communicated at the appropriate time. It is the Purchaser's responsibility to ensure the product is packaged properly and shipped to the proper address. Seller is not responsible for defective product that is not returned per the given instructions. Purchaser's credit card or Paypal account will be credited only upon receipt by Seller of a credit from the manufacturer, which could take several weeks.
Product Compliance and Suitability: Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Seller does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Seller accept responsibility for construction, installation and/or use of a product. It is the Purchaser'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.
Warranty Disclaimer: All products sold by Seller are fully covered by their manufacturer's warranty. No other warranty, either express or implied is made by Seller. Seller disclaims any liability for claims arising out of product misuse, improper product selection, improper installation, product modification, fitness for a particular application or purpose, misrepair or misapplication. In no event shall Seller's liability to the Purchaser exceed amounts paid by the Purchaser under the agreement from which such liability (if any) arises.
Force Majeure: Seller 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 Seller in the conduct of its business.
Privacy and Security: Seller collects only the information needed to complete your transaction and maintain your account. To protect your security, credit card information is not retained. Seller does not share, sell or trade any personal information to any third party. Any use of your personal information will only be for purposes of the completion and delivery of your order. We may also use your street and email addresses to send you infrequent promotional information or communications regarding your account.
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 by Seller shall be governed by the laws of the State of Kansas with venue in Wyandotte County District Court, Kansas City, Kansas.
You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Wyandotte County, Kansas in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Seller has made good faith efforts to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use. You agree that for any reason should an account go into collections that you will pay all collection and or/attorney fees and court costs associated with the collection process. You agree that Seller may, at any time and without notice, change the terms, conditions and notices under which this Site is offered. You agree that no joint venture, partnership, employment or agency relationship exists between you and the Seller as a result of this agreement or your use of this Site. Seller's performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Seller's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Seller with respect to such use.
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.
Copyright: All content included on this site, such as logos, text, graphics, audio and/or video clips, button icons, images, or digital downloads and software is the property of the respective owners of the respective Copyright/Trademark, including those of the Seller, and its content suppliers, all of which is protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of Seller and protected by U.S. and international copyright laws. Any unauthorized use of this site is strictly prohibited.