Entire Agreement
Other than as specifically provided in any separate formal purchase agreement between you and Austin Tone Lab, these terms and conditions (this “Agreement”) apply to all of your online purchases from the website at austintonelab.com (the “Site”) and may NOT be altered, supplemented, or amended by you through the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Austin Tone Lab.
Acceptance
By purchasing products and/or services from the Site, you agree to be bound by and accept this Agreement. Orders are not binding upon Austin Tone Lab until accepted by Austin Tone Lab. We reserve the right to refuse service to anyone. Austin Tone Lab will indicate its acceptance of an order by acknowledging your order by reply email or by shipping the ordered items to you.
Pricing
Because prices, product descriptions, and availability can change quickly, Austin Tone Lab does not warrant the accuracy or completeness of the information provided on the Site.
List Price is the suggested retail selling price of a product provided to us by manufacturers. We may commonly sell products at prices lower than List Price and, for any given product, no sales may have occurred at List Price.
List Price is a benchmark to compare our discounts from List Price to pricing offered by other retailers. Whether other retailers sell at List Price will vary by product, geographic location, type of store, and over time.
Although we periodically update the List Prices in our direct mail offerings and on our website as we receive them, in some cases manufacturers may change a suggested retail price without notice to us.
List Prices quoted for house or private label brands are developed internally in consideration of comparable name brand products. We may commonly sell such products at prices lower than List Price and, for any given product, no sales may have occurred at List Price.
Although our limited time events are intended to be limited time events, our low prices offered during these events may continue in effect after the event.
Values associated with items labeled "free with purchase" are based upon list price.
Payment Terms—Orders
Internet orders may be paid for using the following methods: VISA, MasterCard, American Express and Discover. In addition to credit cards, for phone or mail orders you may pay by money orders, cashier's checks, and personal checks by mail. All non-credit-card orders are subject to a 10-business-day hold. Cash is not a payment option that we accept at this time.
Limited Quantities
Some products, including those identified as Hot Buys, Closeouts, and Limited Quantity items may be limited to stock on hand and are offered on a first come, first served basis.
Shipping Charges—Taxes and Title
Separate charges for shipping and handling will be shown on your order form. Most orders received before 5:00 p.m. CST, Monday through Friday, are shipped the same day! Orders placed on Saturdays, Sundays, or holidays will be processed the next business day. As a security precaution, initial orders and orders shipping to alternate addresses may be held for extended verification. We reserve the right to make partial shipments, which will not relieve you of your obligation to pay for the remaining deliveries.
All items purchased from Austin Tone Lab are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
If applicable, a separate charge for taxes will be shown on the invoice. We are required to collect sales tax on all orders shipped to Utah, Indiana, Missouri, and Washington State. If you are shipping an item to any one of these states, then you will be charged the applicable local sales tax rates.
Limited Warranty
All new products are sold with the manufacturer's limited warranty. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request addressed to:
Austin Tone Lab Inc.
AUSTIN TONE LAB PROVIDES NO SEPARATE WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUSTIN TONE LAB EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING ANY PRODUCTS SOLD TO YOU, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Limitation of Liability
AUSTIN TONE LAB DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. AUSTIN TONE LAB WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, AUSTIN TONE LAB SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT GIVING RISE TO SUCH LIABILITY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Applicable Law—Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying for your own personal use only, and not for resale or export.
Governing Law
These terms and conditions shall for all purposes be governed by and interpreted in accordance with the laws of the State of Oregon as those laws are applied to contracts entered into and to be performed entirely in Oregon, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to this Agreement shall be commenced exclusively in state or federal court in Jackson County, Oregon, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.
Headings
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
