Terms & Conditions
Terms of Website Use
Our best effort will always be provided to satisfy your needs. However, it is important that you know our business rules to avoid any misunderstandings.
Due to the constantly changing conditions of prices for products listed all prices may not be current. Prices are net f.o.b. Seller’s named point of origin and to do not include insurance, freight, customs duties, or federal, state, and local taxes. Orders are filled at the prices in effect on the date of order. We may accept or reject any order at our sole discretion.
Freight, Insurance & Other Charges
Shipments are insured at the point of shipment. Should you not want or need insurance, it will be your responsibility to advise this at the time of placing your order. Appropriate state sales tax will be added to your invoice unless an acceptable resale tax exemption certificate is provided.
All shipments are F.O.B. seller’s named point or origin. Title and risk of loss pass to the buyer at seller’s named point. If you do not specify a preference, we will ship "best way".
We ship most orders in 24-48 hours. Out of stock items or non-inventory items will be quoted at the factory’s current delivery schedules.
All returns must be authorized by Hit2Talk in writing and must have the Hit2Talk return goods authorization label affixed to the carton(s). All returns must be freight prepaid; otherwise, they will not be accepted. Returns may be subject to a 20-25% restocking fee. No returns are allowed obsolete, unboxed, mishandled material, or models not appearing in Hit2Talk current price schedule. Special order products are sold on a non-returnable basis. Under no circumstances will Hit2Talk be liable for incidental or consequential damages.
Manufacturer warranties are provided for most products we sell. Hit2Talk will assist you in seeking repair or replacement under the manufacturer’s warranty. Please contact our technical support department for assistance. Hit2Talk makes no express or implied warranties including the implied warranties of merchantability of fitness for a particular purpose with respect to any goods service sold to you.
Damages of Shipment
Regardless of your shipping terms, Hit2Talk will assist you if the merchandise is verified as damaged or lost in transit. If this occurs, you must take the following actions:
Do not accept a parcel that has a visibly damaged product or tampered Hit2Talk package seal until the carrier making the delivery has endorsed the bill of lading with a statement indicating the extent of damage
If damaged or lost merchandise is "concealed" and found after unpacking, retain all packing material and request that the carrier arrange an inspection
Weigh the individual package for discrepancy weight verification
Notify Hit2Talk immediately of damages so that we can provide you with assistance on the claim with the carrier
Exclusion of Liability for Damage
In no event shall Hit2Talk be liable to you under any cause of action or claim of any nature whatsoever, regardless of whether characterized as tort, negligence, contract, warranty or otherwise, for any loss of profits or economic loss, including but not limited to such losses as:
Wages paid to employees
Lost use of equipment
Purchase, lease or other acquisition of replacement, substitute, or temporary equipment, facilities, or services
Cost of capital
Cost or losses related to downtime
Manual labor cost
Any other indirect, incidental, special, consequential, or other similar damages arising out of a claim relating to your purchase of goods and/or services from Hit2Talk, including losses resulting from your general or requirements or needs, whether or not Hit2Talk, at time of contracting, had reason to know of such requirements or needs, and whether or not such losses could have been reasonably prevented by you by cover or otherwise.
Hit2Talk liability shall in no event exceed the purchase price of the nonconforming goods or services giving rise to Hit2Talk liability to you.
Choice of Law, Forum Selection & Amendment
The laws of New York shall govern all dealings between Hit2Talk, and you. Any legal or equitable action of whatever nature brought by you against Hit2Talk arising out of or related in any respect to the agreement or any purchase order or arising out of any dealing between Hit2Talk and you, shall be brought solely in the applicable US district courts.
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