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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
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.
Who May Use Our Website
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.
Check orders are only
shipped after the check clears. Please allow seven-business days, after
we receive your check, for your shipment to take place. Please note we
charge $25, or the maximum allowable fee by law for all dishonored
Our Advertising Partners
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)
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
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
Restrictions on Use of Copyrights
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.
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
or its suppliers. You agree that any copy of the content of
the site must include the
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
Disclaimer About Links We Offer to
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.
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.
disclaims any liability for
links: (i) from another website to the
Sprinkler Warehouse® site; and (ii) to another website from the
Sprinkler Warehouse® site.
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
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
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
Terms of Limited Warranty
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.
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 Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
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
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 –
Unless specifically requested and authorized
by us, refunds will be issued in the same manner as payment was
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
Customer may not assign its rights or
obligations hereunder without the express prior written consent of
Represents the Entire Agreement
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 Sections
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.
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
The following is an
outline of the agreements we and all other BBBOnline Reliability
members have pledged to:
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
To view an
explanation of the Informal Dispute Settlement process and the BBB
Rules for IDS in word format, please click here
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
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.
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
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.