Orders submitted to the ARC, Inc. ecommerce site must include Buyer’s name, billing address, current email address, and the ship-to address including a valid phone number of the recipient (sometimes required by carriers for delivery purposes). Orders must list the desired ARC item codes and the quantity of each item. ARC will make every reasonable effort to fill all orders, however, we do not guarantee that every product is in stock at the time of an order. We will inform Buyer of any backordered items and offer to cancel or preserve the order. ARC reserves the right to discontinue items and add new items at any time without notice. All shipping weights described, other than those on actual shipping documentation, are approximate.
CONDITIONS OF SALE
All sales are prepaid in full by credit card. All credit card information will be submitted for processing before items are shipped. No product will be shipped until a valid credit card is approved and billed by ARC’s credit card processing vendor.
Prices shown in ARC, Inc. publications are in US dollars. Prices do not include shipping, handling, or sales tax, which will be added to Buyer’s invoice at the time of check-out. Without a valid Reseller’s Certificate on file at ARC, Inc., sales tax will be added to all invoices when applicable. All prices are subject to change without notice. All special offers or discounts are time limited to the month of issuance unless otherwise noted in writing by ARC, Inc. ARC, Inc. makes every effort to display accurate prices, however, in the event that an order is placed for any item priced incorrectly, and the error is discovered prior to shipping the item, ARC, Inc. reserves the right to correct the inaccuracy or cancel the order. Should this occur, ARC, Inc. will inform Buyer of the error and provide the actual price of the item, at which time Buyer will have the option to either confirm the order at the actual price or cancel the order. The price of an item is not final until the item is shipped.
Returns require pre-approval. Please call ARC, Inc. to obtain a Return Authorization (RA) form. Returns are subject to a 25% restocking fee. Shipping charges are not refundable. In the event that a return is required, a valid Return Authorization number will be issued. An RA will not be issued more than thirty (30) days after the product’s purchase date. Return Authorizations expire thirty (30) days after the date they are issued, and returns must be received by ARC, Inc. within that thirty (30) day period or no credit will be issued. The RA number must be clearly written on the outside of all shipping boxes and pallet wrapping. All merchandise must be returned 100% complete in original packaging with all product, parts, packaging material, manuals, and accessories included, and must be in “as new” saleable condition. All products must be returned freight prepaid to ARC, Inc. Incomplete or unauthorized returns will be refused. All returned product will be inspected, and, if deemed damaged or used, refunds will not be issued and the Buyer will be given the opportunity to recover the items—ARC, Inc. will ship the items back to the customer once shipping costs are prepaid. Items cannot be returned if they were special ordered, made to customer specifications, or are non-inventory or non-stock items.
Damage to items incurred during return shipping is the responsibility of Buyer. ARC, Inc. will refuse the damaged shipment and/or notify Buyer of the damage. It is Buyer’s responsibility to make a claim with the carrier for any reimbursement of product or shipping costs. According to carrier guidelines, the shipper (Buyer in this case) must file the claim; claims filed by the recipient will be denied. ARC, Inc. will assist Buyer by supplying photos and a condition report of the damaged products.
ARC, Inc. attempts to be as accurate as possible in describing product specifications, maintenance, usage, care, and installation. ARC, Inc. does not, however, warrant that product information or other content of any ARC, Inc. publication or website is accurate, complete, current, or error-free. If a product offered by ARC, Inc. is not as described, Buyer’s sole remedy is to return it in unused condition for an exchange or refund of the original purchase price. All products must be returned freight prepaid to ARC, Inc. Shipping charges are not refundable.
FedEx, UPS, or SPEE DEE SHIPMENTS
Buyers must inspect any shipment upon arrival, and if the package is damaged, refuse the shipment. The carrier will return the shipment to ARC, Inc. and we will file a claim and promptly send a new shipment to Buyer. If Buyer finds concealed damage, call ARC, Inc. at once; ARC, Inc. will instruct the carrier to pick up the package and return it to us for a claim, and we will reship Buyer’s order. Damaged product must be reported to ARC, Inc. within five (5) business days following its delivery to Buyer. Damaged product reported after the five (5) day claim period will be ineligible for return, replacement, or refund.
MOTOR FREIGHT SHIPMENTS
Safe delivery of a freight shipment is the responsibility of the carrier. Please examine your shipment carefully before signing the freight bill. By your acceptance of the shipment from the carrier, affirmed once you sign a freight bill, you acknowledge that the product has been delivered in good condition, relieving ARC, Inc. and the carrier from further responsibility. If damage is discovered, or if the number of pieces received does not match the number on the freight bill, do not accept the shipment without noting the shortage or damage on the freight bill and insist that the carrier’s agent (the driver) sign and date the freight bill near the notation. Failure to complete these steps may jeopardize recovery of the goods or reimbursement for them, and relieve the carrier and ARC, Inc. from all responsibility. If any concealed damage or shortage is discovered while unpacking, leave the material and the packing as is and ask the carrier for a concealed damage or shortage inspection. Consult the carrier for the necessary claim form. When checking shipments, compare what was received with quantities listed on the packing list or invoice. If the carrier leaves the facility before you find a shortage or damage, contact ARC immediately—claims with motor freight companies must be made promptly. You must contact ARC, Inc. within three (3) business days after receipt of a shipment to report any issues. ARC, Inc. is not responsible for shortages or damage to goods that are not reported within three (3) business days after receipt of a shipment. Claims for loss or damaged material and transportation charges may not be deducted from any ARC, Inc. invoice since it is the function of the carrier to guarantee safe delivery and to remedy shortage or damage claims.
COPYRIGHT AND TRADEMARKS
All content, such as text, graphics, logos, icons, images, video and audio clips, digital downloads, and data, included in ARC, Inc. catalogs, brochures, flyers, websites, videos, and other branded materials, is the property of ARC, Inc. or a manufacturer of products sold by ARC, Inc., and is protected by international copyright laws. The use of such content is prohibited without the express written consent of ARC, Inc.
WARRANTIES AND LIABILITY
All manufacturer warranties are detailed on ARC, Inc.’s website. ARC, Inc. makes these warranties available, without recourse to ARC, Inc. to the extent permissible, to authorized distributors and dealers, and extends such warranties to the first retail purchaser who puts a product into service. No representative of ARC, Inc. is authorized to give or make any other representation or warranty or modify any warranty in any way.
The provisions of these warranties do not apply to products: a) used for purposes for which they are not designed or intended; b) which have been subjected to alteration, abuse, misuse, negligence, or accident; c) which have been improperly stored, installed, maintained, or operated; d) which have been damaged due to neglect or lack of proper maintenance, cleaning, or care; e) which have been damaged due to the use of inappropriate cleaners, solvents, abrasives, or other chemical or mechanical causes.
Proof of purchase is required for any warranty claim. Products shipped to ARC, Inc. for warranty service, replacement, or refund, that were not purchased from an authorized ARC, Inc. distributor, dealer, or ecommerce vendor, will not qualify for warranty service, and ARC, Inc. will hold such products only for a limited time and ship them back at the sender’s cost upon their request after shipping and handling fees have been prepaid.
Buyer’s sole and exclusive remedy against ARC, Inc. for any cause of action arising out of the sale or use of any product purchased from ARC, Inc. shall be replacement of the product or refund of the purchase price paid for the product. In no event shall ARC, Inc. be liable for special, indirect, incidental, or consequential damages howsoever arising, including without limitation, lost revenues or profits, labor costs, shipping and freight costs, or expenses incurred due to the installation, removal, or replacement of any product. Any cause of action for breach of warranty must be brought by Buyer, if at all, within one (1) year from the date the cause of action occurred. Any discrepancy in pricing or other charges shall be deemed waived by Buyer unless Buyer notifies ARC, Inc. thereof in writing within sixty (60) days from the date of invoice on which such disputed transaction is reflected.
In no event shall ARC, Inc. have any responsibility or liability to a Buyer for any failure or delay in performance by ARC, Inc. which results, directly or indirectly, in whole or in part, from any cause or circumstance beyond the reasonable control of ARC, Inc. Such causes and circumstances shall include, but are not limited to, acts of God, acts of Buyer, acts or orders of any governmental authority, strikes or other labor disputes, natural disasters, accidents, wars, civil disturbances, unavailability of supplies from usual suppliers, difficulties or delays in transportation, mail or delivery services, or any other cause beyond ARC, Inc.’s reasonable control.
SOLE AGREEMENT AND INTERPRETATION
The Terms and Conditions set forth herein, together with any additions or revisions which may be agreed in writing by ARC, Inc., embody the whole agreement of the parties and provide the only remedies available. There are no promises, terms, conditions, understandings, obligations, or agreements other than those contained herein. These Terms and Conditions, and any transactions or agreements to which they apply, shall be governed both as to interpretation and performance by the laws of the State of Wisconsin.