Terms and Conditions
Last updated: November 28, 2018
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.heatshieldproducts.com website (the "Service") operated by Heatshield Products, Inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Terms and Conditions of Sale
The following Terms and Conditions shall apply to the sale of products and implementation of services for Heatshield Products, Inc. (“HEATSHIELD PRODUCTS”). There are no other terms of sale unless Heatshield Products, Inc. agrees in writing to different terms with you, the “Purchaser” of Heatshield Products, Inc. products. In consideration of the mutual covenants contained herein, the parties agree as follows:
1. ACCEPTANCE OF ORDERS These terms and conditions shall apply to all Products delivered by HEATSHIELD PRODUCTS, INC. for Customer. Either party’s failure to object to any additional or different provisions proposed by the other shall not constitute a waiver of the terms and conditions of this Agreement, nor constitute acceptance of such additional or different terms and conditions. All Purchase Orders must be accepted by HEATSHIELD PRODUCTS, INC. by issuing an order acknowledgement via email or facsimile to Customer. A Purchase Order is considered accepted only after receipt of an order acknowledgement from HEATSHIELD PRODUCTS, INC.. HEATSHIELD PRODUCTS, INC. enforces a minimum order quantity of 250.00 USD. Purchase orders for drop shipments must include the name, number, and email address for a contact at the delivery location. The terms and conditions of this Agreement shall be applicable whether or not they are attached to or enclosed with the Products sold. If there is a conflict between the terms of this Agreement and any other Agreement or any order acknowledgement, the terms of this Agreement shall prevail.
2. ORDER MODIFICATION POLICY Order additions and modifications will be allowed up until the time the order is released for packout. HEATSHIELD PRODUCTS, INC. will apply its best efforts to accommodate changes prior to packout. If HEATSHIELD PRODUCTS, INC. is unable to accommodate a requested addition, it will be added to a new order and shipped at the earliest possible date or as directed by the customer.
3. PRICES & TAXES All prices for Products are set forth on the Order Confirmation and are exclusive of shipping charges all of which are Customer’s sole responsibility. All prices are subject to change without notice and are exclusive of all sales, use, excise or value added, taxes, claimed or imposed by any governmental authority upon the sale of the Products and implementation services which shall be the sole responsibility of Customer. Any such charges will be added to the price or subsequently charged to the Customer. In the event HEATSHIELD PRODUCTS, INC. is required to pay any such tax, duty or charge, Customer will promptly reimburse HEATSHIELD PRODUCTS, INC..
4. PRODUCT VARIABILITY Performance materials are subject to a variance in length of plus or minus 10%. The customer will be invoiced for the actual quantity of product shipped. Any complete roll or spool of fabric, tape, rope, or tubing may have up to one splice. In the case of a spliced roll or spool, each piece of material must be at least 5 yards in length. These variability and splice specifications are widely accepted textile industry standards. In order to make exceptions to these standard terms and conditions, HEATSHIELD PRODUCTS, INC. may charge a premium of not less than 10%.
5. TERMS OF PAYMENT Customer shall pay to HEATSHIELD PRODUCTS, INC. the total amount set forth on the attached hereof, and all shipping and governmentally imposed charges described in Section 2, above. All payments shall be made in U.S. Dollars in accordance with the terms noted on the Agreement. Any amounts not paid when due will accrue interest at the rate of 1% per month, or the maximum amount allowed by law, if lower. In the event that any payment is more than thirty (30) days late, HEATSHIELD PRODUCTS, INC. shall have the right to suspend performance under this and any other Customer Agreements until all payments are made current. Customer shall pay all costs (including reasonable attorneys’ fees) incurred by HEATSHIELD PRODUCTS, INC. in connection with the collection of late payments. Customer hereby grants HEATSHIELD PRODUCTS, INC. a security interest in the Products in the amount of the unpaid balance of the purchase price, and all shipping and governmentally imposed charges described in Section 2, until paid in full. HEATSHIELD PRODUCTS, INC. may file a financing statement for such security interest and Customer shall sign any such statements or other documentation necessary to perfect HEATSHIELD PRODUCTS, INC.’s security interest.
6. TRANSPORTATION & DELIVERY HEATSHIELD PRODUCTS, INC.’s title to the Products and the risk of loss of or damage to the Products ordered by the Customer will pass to Customer when HEATSHIELD PRODUCTS, INC. or its agent delivers the Products to a common carrier or licensed trucker consigned to the customer or his agent. The carrier shall be deemed HEATSHIELD PRODUCTS, INC.’s agent, and HEATSHIELD PRODUCTS, INC. is authorized to designate a carrier pursuant to HEATSHIELD PRODUCTS, INC.’s standard shipping practices unless otherwise specified in writing by Customer. If Seller determines that Buyer's credit position has changed materially, prior to or during shipment, or at any time before acceptance of the goods by Buyer, then Seller may stop delivery of goods to the carrier or other custodians, or goods in the possession of a carrier or other custodian. Such action by Seller will not constitute a breach of this agreement with any resulting damages to Buyer. If a shipment is deemed undeliverable due to an invalid address or insufficient contact information at the delivery location, the customer will be responsible for fees associated with return shipment.
7. CANCELLATION AND RETURNS Orders for Customized Goods, discontinued Goods and non-standard Goods (including any customization, modification or deviation to standard Goods) cannot be cancelled or returned, and are subject to a 100% cancellation charge. For standard products, a minimum charge of 20% will apply if an order is cancelled before shipment. Additional charges may be assessed for non-stock materials, partial or completed manufacture of non-stock parts, and other related costs. All returned Goods shall be subject to a minimum of 20% restocking charge. All returns must be authorized by HEATSHIELD PRODUCTS, INC. in advance.
8. FORCE MAJEURE HEATSHIELD PRODUCTS, INC. shall not be responsible for any failure to perform or delay attributable in whole or in party to any cause beyond its control, including but not limited to acts of God, government actions, war, civil disturbance, terrorism, insurrection, sabotage, labor shortages, or disputes or Customer’s fault or negligence.
9. LIMITED WARRANTY HEATSHIELD PRODUCTS, INC. products are warranted to the original Buyer only against defects in material and workmanship existing at the time of first sale by Seller, and of which Seller is notified in writing within 90 days of the date of delivery to Buyer. This Limited Warranty is the sole warranty and the complete and exclusive warranty and representation made with respect to HEATSHIELD PRODUCTS, INC. products; it supersedes all prior on contemporaneous oral or written negotiations, proposals, brochures, circulars and communications with respect thereto, and it may not be changed in the absence of a writing signed by an officer of Seller. The Buyer should carefully consider the use for which HEATSHIELD PRODUCTS, INC. products are purchased, and it is the Buyer's responsibility to determine whether these products are adequate and beneficial in the environment in which used. EXCEPT AS SPECIFICALLY PROVIDED IN THIS LIMITED WARRANTY, THERE ARE NO WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE, MADE IN CONNECTION WITH THE SALE OF ANY HEATSHIELD PRODUCTS, INC. PRODUCT. No dealer, salesman, employee or agent of Seller, or other person is authorized to make any representation or warranty, whether written or oral, other than set forth herein.
10. LIMITATION OF REMEDY AND LIABILITY IN NO EVENT SHALL HEATSHIELD PRODUCTS, INC. OR ITS SUPPLIERS BE LIABLE TO CUSTOMER FOR LOST PROFITS OR BUSINESS OR ANY INDIRECT, SPECIAL INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE). HEATSHIELD PRODUCTS, INC.’S TOTAL AND CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED BY CUSTOMER SHALL IN NO EVENT EXCEED THE PURCHASE PRICE PAID BY CUSTOMER FOR SUCH PRODUCTS. THE LIMITATIONS SET FORTH IN THIS SECTION 7 SHALL APPLY EVEN IF HEATSHIELD PRODUCTS, INC. OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE HEREUNDER CAUSED BY SUCH LIMITED REMEDY.
11. ASSIGNMENT / MODIFICATION Customer shall not assign or transfer this Agreement or any rights or obligations under this Agreement, whether voluntary or by operation of law, without the prior written consent of HEATSHIELD PRODUCTS, INC. HEATSHIELD PRODUCTS, INC. may assign or transfer this Agreement to any successor by way of merger, acquisition or sale of all or substantially all of its assets. HEATSHIELD PRODUCTS, INC. or any successor may assign all or part of the right to payments under this Agreement. Any assignment or transfer of this Agreement made in contravention of the terms hereof shall be null and void. Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of the parties respective successors and permitted assigns. This Agreement supersedes all prior communications, transactions, and understandings, whether oral or written, and constitutes the sole and entire Agreement between the parties pertaining to any quotation or other Agreements. No modification, addition or deletion, or waiver of any of the terms and conditions of this Agreement shall be binding on either party unless made in a non-preprinted Agreement clearly understood by both parties to be a modification or waiver and signed by a duly authorized representative of each party.
12. CONFIDENTIALITY Each party agrees to: (a) refrain from using the other party’s Confidential Information except as contemplated herein and (b) preserve and protect the confidentiality of the other party’s Confidential Information using the same measures that such party uses to protect its own confidential information, which in no event will be less than commercially reasonable measures. Notwithstanding the foregoing, either party may disclose Confidential Information of the other party which is: (i) already publicly known; (ii) discovered or created by the receiving party without reference to the Confidential Information of the disclosing party; (iii) otherwise known to the receiving party through no wrongful conduct of the receiving party, or (iv) required to be disclosed by law or court order. Each party agrees not to disclose any of the terms of this Agreement to any third party. However, either party may disclose Confidential Information, and the terms or conditions of this Agreement, to such party’s agents, attorneys and other representatives or any court of competent jurisdiction.
13. BREACH OF CONTRACT If either party breaches a material provision of this agreement and fails to cure such breach within thirty (30) days after receiving written notice of the breach, the non-breaching party shall have the right to terminate this agreement at any time. Customer’s breach of a payment obligation constitutes a default the date the payment is due and HEATSHIELD PRODUCTS, INC. shall have the right to terminate this agreement immediately. Either party may terminate this agreement, effective immediately upon written notice, if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors.
14. GOVERNING LAW AND VENUE This agreement and performance by the parties hereunder shall be construed in accordance with the laws of the State of California, U.S.A., without regard to provisions on the conflicts of laws. Customer and HEATSHIELD PRODUCTS, INC. consent to the exclusive jurisdiction of, and venue in, the state and federal courts within San Diego County, California, U.S.A.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Heatshield Products, Inc. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Heatshield Products, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, a legitimate business who is purchasing products for re-sale, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Heatshield Products, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Heatshield Products, Inc..
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Heatshield Products, Inc.
Heatshield Products, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Heatshield Products, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Heatshield Products, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Heatshield Products, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Heatshield Products, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
Returns & Refunds
Returns and Refunds Policy
If you are not entirely satisfied with your purchase, we're here to help.
Our products can be returned within 15 days of the original purchase of the product. A new product may be exchanged for another product or returned for a credit only.
To be eligible for a return, please make sure that:
The product was purchased in the last 15 days
The product is in its original packaging
The product isn't used or damaged
You have the receipt or proof of purchase
You obtained a Return Merchandise Number (RMN) from us
Products that do not meet these criteria will not be considered for return.
To obtain a Return Merchandise Number (RMN), contact us:
By email: email@example.com
Send the product with its original packing and the receipt or proof of purchase and the RMN number, along with a note indicating whether you want to exchange the product (and if so, what other product you want to order) or a refund, to:
938 S Andreasen Drive Suite C Escondido, CA 92029
Shipping charges incurred in connection with the return of a product are non-refundable.
You are responsible for paying the costs of shipping and for the risk of loss of or damage to the product during shipping, both to and from Heatshield Products.
If you received a damaged product, please notify us immediately for assistance.
Unfortunately, sale items cannot be refunded. Only regular price items can be refunded.
If you have any questions about our Returns and Refunds Policy, please contact us:
By email: firstname.lastname@example.org