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You are here: Home > Our Policies > Terms & Conditions
Sprinkler Warehouse Terms and Conditions

Welcome to Sprinkler Warehouse®. For ease of reading, we will refer to ourselves--Sprinkler Warehouse--as we, us and our The following pages contain our Terms and Conditions of use for our site. Yes, this is the legal mumbo-jumbo. We don't like it either, and we've tried to make it readable, but we have to put this stuff on our site. PLEASE, feel free to call us at (281) 500-9800 if you have any questions about the Terms and Conditions. To make this process easier, we have provided quick links to specific topics within the Terms of Use.

Terms of Useback to top

Sprinkler Warehouse® developed and maintains our website, and currently allows users, who agree to abide by the terms and conditions of this agreement, to access to the site free-of-charge. By doing business with us, you agree that all disputes--regardless of whether we are the plaintiff or defendant--will be settled in a court of competent jurisdiction in Los Angeles County, California.

We reserve the right to change the nature of this relationship at any time, and to revise these guidelines, and Terms and Conditions, from time to time as we deem necessary. Any user that violates the terms of this agreement will have his or her access canceled, and may permanently be banned from using the site and/or any interactive services Sprinkler Warehouse offers.

You should review these terms and conditions periodically because by using our site, you agree to accept charges whether or not you reviewed any recent changes to the Terms and Conditions.

Entering the site will constitute your acceptance of these Terms of Use.

Who May Use Our Websiteback to top

We encourage all persons over the age of eighteen to enjoy our site; we do not discriminate on the basis of age, race, national origin, gender, sexual orientation, or religion.

No person under the age of eighteen should use the site. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of our site--by any user--shall be deemed consent that the user is eighteen years of age, or older.

Our Advertising Partnersback to top

For some products that we offer, we have teamed up with leading companies to bring you quality services and products. Our reference to leading companies as an Advertising Partner does not mean that we are partners with these companies in the legal sense, merely that we are working with them to offer products and services to you.

All companies we feature on our site are solely responsible for their own obligations to you, and while we are not legally responsible for their obligations, be assured that we will always assist you in dealing with them should any issues arise.

Electronic Markers – (Cookies)back to top

Cookies are small encrypted data files (containing references to user ID information supplied by the user and stored on our secure servers) that may be placed in your hard drive once you have accessed our site. We use cookies to enhance your shopping experience with us. The Cookies are used to keep track of your shopping cart; if you are a member, the site will remember your password, so you do not have to re-enter it each time you visit the SprinklerWarehouse.com. (Note – when we say password, we mean your password to our membership site, NOT to your computer or e-mail account). To learn more about how we protect customer information, please review our Privacy Statement.

Restrictions on Use of Copyrights and Trademarksback to top

This site and all materials on the site, including, but not limited to: the sales copy, navigational aids, images, illustrations, and logos are either our or our affiliates and licensors property, and are protected from unauthorized copying and distribution by copyright law, trademark law, international conventions and other intellectual property laws. If you desire to use these properties, you must obtain our written consent prior to your use.

Intellectual Property
This Site contains trademarks and service marks owned by Sprinkler Warehouse® and certain third parties. All marks are the property of their respective owners. This site, including all the information contained herein, is protected by copyright law. All rights in the intellectual property contained in this site including: copyright, trademarks, trade secret, and patent rights--whether or not protected by federal or state registrations--are reserved. Access to this site does not constitute a right to use any of the intellectual property of Sprinkler Warehouse® or its suppliers. You agree that any copy of the content of the site must include the Sprinkler Warehouse® copyright notice and shall be for your private use only. No other permission is granted for you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this site. Statutory notice contained herein represents intellectual property status in the United States.

Disclaimer About Links We Offer to Other Sitesback to top

We do not control any of the sites that may be linked to from the site and therefore we are not responsible for the content of any sites that may be linked to our site. These links are here only as a convenience to you; you access the sites at your own risk. In addition, we do not expressly endorse any product or service merely by virtue of having a link to the site.

Hypertext Links
As a convenience to you, this site may be linked to other sites which are owned, operated and maintained by other entities. If you use these links you will leave our site. If you visit a linked site, you do so at your own risk; it is your responsibility to take all protective measures necessary to guard against viruses or other destructive elements, which may be present at said linked site. Sprinkler Warehouse® disclaims any liability for links: (i) from another website to the Sprinkler Warehouse® site; and (ii) to another website from the Sprinkler Warehouse® site. Sprinkler Warehouse® is not responsible for the content of those linked sites and makes no representations or warranties as to the accuracy or completeness of such site's content.

Your Privacy Rights – How We Protect Your Informationback to top

We are very concerned about privacy matters for our customers, and have a separate section of our website devoted entirely to our policy regarding protecting your information. Please review our Privacy Statement. By using our website, you are also agreeing to abide by our Privacy Policy.

Taxes back to top

Prices on our website do not include: sales tax or any other customs duties, use, value added, excise, federal, state, local, or any other taxes. Texas residents will be charged sales tax, but all other such duties or taxes shall be paid by you, or in lieu thereof, the customer shall provide us with an appropriate tax exemption certificate.

Terms of Limited Warrantyback to top

We at sprinklerwarehouse.com promise the original customer, purchasing such products directly from sprinklerwarehouse.com, that all such products sold will be free from defects in materials and workmanship affecting form, fit and function. We have to limit any claim under this warranty to the customer who purchased such product, and only while such customer owns such product. The Limited Warranty covers only defects arising under normal use and does not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature or improper installation, or repairs made by anyone other than sprinklerwarehouse.com. Any claim with respect to such products where the purchaser seeks a refund of the purchase price must be made 30 days from the original date of shipment by Sprinkler Warehouse®. ALL DISPUTES ARISING OUT OF OR RELATED TO THE LIMITED WARRANTIES SET FORTH HEREIN (CUSTOMER DISPUTES) SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS.

*Projectors, and other various products, have warranties through the manufacturer, if a problem arises with the product the warranty should be dealt with through the manufactuer, not Sprinkler Warehouse. For more information on product warranties, consult the "Warranty" tab on the product's page, or contact a Sprinkler Warehouse sales associate.

Limitationsback to top

OTHER THAN THE TERMS OF THE LIMITED WARRANTY SET FORTH IMMEDIATELY ABOVE, WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND WE DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Liabilityback to top

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Return Proceduresback to top

If you need to return any product(s) purchased from sprinklerwarehouse.com, you must FIRST obtain a Return Merchandise Authorization (RMA) number, by contacting customer service at swservice@sprinklerwarehouse.com. This is a simple process and is described fully in the return merchandise section. To see the complete list of procedures for returning merchandise - Please click here – Return Policy

Manner of Refundsback to top

Unless specifically requested and authorized by us, refunds will be issued in the same manner as payment was received.

Undelivered Productsback to top

We understand you want to get your order as quickly as possible. Unfortunately, sometimes there is a delay caused by the carrier used to deliver your products. Due to this inconvenience, we have a 15-business-day waiting period before any product will be resent.

Assignmentback to top

Customer may not assign its rights or obligations hereunder without the express prior written consent of sprinklerwarehouse.com.

The Foregoing Represents the Entire Agreementback to top

These terms and conditions constitute the entire agreement between sprinklerwarehouse.com and the customer regarding any sale; these terms expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of customer's documents or purchase orders. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY sprinklerwarehouse.com, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON sprinklerwarehouse.com. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.

Severability of Sectionsback to top

If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Dispute Resolutionback to top

These Terms of Use constitute the entire agreement between Sprinkler Warehouse and you, with respect to your use of the site. Any cause of action you may have with respect to your use of the site must be commenced within one (1) year after the cause of action arises.

As a participate in BBBOnLine Reliability, we as a company have pledged to offer dispute resolution through the BBB, or another dispute resolution provider that meets BBB standards.

The following is an outline of the agreements we and all other BBBOnline Reliability members have pledged to:

BBBOnLine Reliability participants agree to the following:
"To agree to participate in binding arbitration under BBB Rules of Arbitration (Binding) if the consumer also agrees, or in non-binding informal dispute settlement (IDS) under the BBB Rules for IDS for unresolved consumer complaints involving Participant's products or services. Alternatively, a company may pre-commit to a dispute settlement process through a provider other than the BBB, if the BBB determines the dispute settlement process substantially complies with BBB consumer dispute resolution criteria."

An explanation of the arbitration process and the BBB Rules of Arbitration (Binding) are at www.bbb.org/complaints/bindarb.asp.

To view an explanation of the Informal Dispute Settlement process and the BBB Rules for IDS in word format, please click here .

Evaluating Whether Alternative Dispute Resolution Processes Meet BBB Standards
The BBBOnLine Reliability program requires a participant to commit to dispute resolution. Under Section 3, Standards, of the BBBOnLine Reliability Participant Agreement, the participant agrees as follows:

"To agree to participate in binding arbitration under BBB Rules of Arbitration (Binding) if the consumer also agrees, or in non-binding informal dispute settlement (IDS) under the BBB Rules for IDS for unresolved consumer complaints involving Participants products and services. Alternatively, Participant may pre-commit to a dispute settlement process through a provider other than the BBB, if the BBB determines the dispute settlement process substantially complies with Bureau consumer dispute resolution criteria."

What are the "BBB Criteria"?
For over 25 years, the BBB system has administered a consumer arbitration process that embodies a number of principles of fairness and equity. To determine whether a dispute settlement process other than the Better Business Bureau's substantially complies with Bureau consumer dispute resolution criteria, we consider the following:

  • Full disclosure of terms and conditions
    The Better Business Bureau system believes some information is so critical in making marketplace decisions that it must be provided at the point where purchasing decisions are made. Accordingly, pre-dispute, binding arbitration clauses must clearly and simply:

    Identify the types of disputes that are covered by the arbitration clause, which may not include claims for criminal or statutory violations.

    Identify the arbitration forum and provide contact information for the forum that can be used to obtain additional information about the forum.

    Clearly disclose the nature and amount of any fees consumers may have to pay in connection with the filing or administration of their case.

    Identify the standard that will be used as the basis for the arbitrator's decision (e.g. application of law or fairness).

    Advise consumers that the clause affects important legal rights, and that the consumer will not be able to go to court for disputes covered by the clause if the consumer signs the arbitration clause.

  • Requirement that consumer separately sign arbitration clause:
    In order to ensure that the consumer has knowingly chosen arbitration as the method of resolving disputes covered by the arbitration clause, binding arbitration clauses must contain the following:

    A separate signature line, appearing immediately below the arbitration clause, for the consumer to sign to acknowledge acceptance of the terms of the arbitration clause; and,

    A statement that the consumer will not be bound by the terms of the clause unless the consumer signs on the signature line.

  • The dispute resolution provider must provide for fair and impartial resolution. Here are some (but not necessarily all) of the key standards we look for in a dispute resolution process:
    The program provides independent and impartial program administration. Program administrators should be sufficiently insulated from all parties. At a minimum, this shall include program administrators that are independent and do not perform any conflicting responsibilities for any party.

    Program rules provide for independent and impartial decision-makers. The program should screen out any situations where there is an actual conflict of interest between the arbitrator and any party, or where reasonable persons could find that there is an appearance of conflict of interest between the arbitrator and any party.

    Program rules provide for a due process hearing. The program rules should provide for a process that permits all parties to submit relevant evidence and permits all parties to be informed of and have an opportunity to rebut any evidence presented by an opposing party.

    The costs for participation in the program are reasonable. This will require an analysis of the program's administrative costs and arbitrator fees paid by the consumer as well as consideration of any travel costs that would have to be paid by the consumer in order to participate in the program. The costs should be analyzed in relation to the amount of money in dispute.

    The program meets any applicable federal and/or state regulations. For dispute resolution processes that are incorporated into a written warranty for consumer products, for example, the program would have to comply with regulations set out in 16 C.F.R., Part 703. Since that federal regulation requires annual audits to determine such compliance, these should be reviewed.

    The company agrees to provide the BBB with appropriate feedback. A BBB member company using an alternate mechanism should voluntarily provide the BBB with case documents sufficient for the BBB to determine that the matter has been appropriately closed and that the process is operating consistent with its stated program rules and procedures.

 
   
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