sales@guardrail.online
Email address
Dallas, Texas
Location
Email address
Location
These Terms and Conditions (“Terms”) govern the supply of Products (“Products”) by Guardrail Online LLC (“Supplier”) to the customer (“Customer”). By placing an order with Supplier, the Customer agrees to be bound by these Terms.
The Supplier reserves the right to update and modify these Terms at any time. The most current version will be effective at the time of your order. The Supplier recommends that you review these Terms periodically to stay informed of any changes. Continued use of goods and services constitutes acceptance of any updated Terms.
1.1 “Products” means any items supplied by the Supplier to the Customer as specified in the order.
1.2 “Supplier” means Guardrail Online LLC.
1.3 “Customer” means the person or organization who accepts an offer made by the Supplier.
2.1 Orders for Products must be made in writing or through the Supplier’s official ordering platform.
2.2 All orders are subject to acceptance by the Supplier. The Supplier reserves the right to refuse any order.
2.3 Upon acceptance of an order, the Supplier will provide an order confirmation detailing the Products, price, and delivery schedule.
3.1 Fitness for Purpose: The Customer and/or the end-user is responsible for ensuring that all Products are fit for their intended purpose.
3.2 Installation Requirements: All warranties provided by the Supplier are void if the Product is not installed in accordance with the advice or specifications provided by the Supplier.
3.3 Modification: All warranties are void if the Product is modified in any manner.
4.1 The price for the Products shall be as set out on the Supplier’s website or as otherwise agreed between the parties.
4.2 Unless otherwise agreed, the Supplier will issue an invoice to the Customer upon receipt of the order. The Customer shall make payment of the total invoice amount prior to dispatch of the Products.
4.3 Any monies owed by the Customer to the Supplier after the agreed payment date will incur interest at the current Wyoming statutory rate. The Customer agrees to pay the Supplier that interest.
4.4 All quoted prices are exclusive of applicable sales tax, which will be added to the agreed price if applicable.
4.5 Property in all goods supplied shall remain vested in the Supplier and shall not pass to the Customer until all monies owing to the Supplier by the Customer, together with all collection, repossession, and/or legal costs incurred, have been paid in full.
4.6 The Supplier may exercise its legal right to register a security interest in all Products supplied (the collateral) under the Uniform Commercial Code (UCC).
5.1 The Supplier will use reasonable efforts to deliver the Products in accordance with the delivery schedule specified in the order confirmation.
5.2 Delivery dates supplied by the Supplier are estimates only, and the Supplier shall not be liable for any delay in delivery, including but not limited to consequential losses, or costs of sourcing replacement products.
5.3 Risk of loss of, or damage to, the Products shall pass to the Customer upon delivery.
6.1 The Customer must inspect the Products on delivery and must, within one (1) working day of delivery, notify the Supplier in writing of any evident defect/damage, shortage in quantity, or failure to comply with an order, description, or quote.
6.2 Returns will only be accepted provided that:
• The Customer has complied with clause 6.1.
• The Supplier has agreed in writing to accept the return.
• The Products are returned at the Customer’s cost within seven (7) days of the delivery date.
• The Products are returned in original condition, including all packaging and documentation.
6.3 The Supplier may, at its sole discretion, accept the return of Products for credit, but this may incur a handling fee of up to twenty percent (20%) of the value of the returned Products plus any freight costs.
7.1 The Customer shall inspect the Products promptly upon delivery.
7.2 The Customer must notify the Supplier of any non-conformance or defects in the Products within seven (7) days of delivery.
7.3 Failure to notify the Supplier within the specified timeframe shall constitute acceptance of the Products.
8.1 The Supplier warrants that the Products shall conform to the Supplier’s specifications and be free from defects in materials and workmanship for a period of twelve (12) months from the date of delivery.
8.2 The Customer’s sole remedy for breach of this warranty shall be the replacement or repair of defective Products, at the Supplier’s sole discretion.
9.1 The Supplier shall not be liable to the Customer or any third party for any indirect, incidental, special, or consequential damages arising out of or in connection with the Products.
9.2 The Supplier’s total liability to the Customer for any claim arising out of or relating to these Terms or the Products shall not exceed the total amount paid by the Customer to the Supplier for the Products giving rise to the claim.
10.1 These Terms shall be governed by and construed in accordance with the laws of Wyoming.
10.2 Any dispute arising out of or in connection with these Terms shall be resolved through mediation or legal proceedings in Wyoming.
10.3 Neither party shall commence legal proceedings prior to making genuine efforts to resolve any dispute in good faith.
11.1 These Terms constitute the entire agreement between the Supplier and the Customer with respect to the subject matter hereof and supersede all prior agreements and understandings, whether written or oral.
11.2 The parties may agree on specific terms for a particular order, which shall be in writing and take precedence over these Terms if there is a conflict.
11.3 No modification or amendment of these Terms shall be effective unless in writing and signed by both parties.
11.4 Failure by the Supplier to enforce any Term does not reduce or limit its ability to rely on that term in the future.
11.5 If any provision of these Terms is found to be invalid or unenforceable at law, that provision shall be severed, and the remaining provisions shall continue to be valid and enforceable.
By placing an order with the Supplier, the Customer acknowledges that they have read, understood, and agree to be bound by these Terms.