CREDIT TERMS AND CONDITIONS
PLEASE READ THE TERMS AND CONDITIONS (THE “TERMS”) COMPLETELY BEFORE PURCHASING ANY PRODUCTS (AS HEREINAFTER DEFINED), AS YOUR PURCHASE OF THE PRODUCTS CONSTITUTES YOUR ACKNOWLEDGEMENT AND UNCONDITIONAL AGREEMENT TO BE BOUND BY THE TERMS.
The purchase of any and all products and other items (individually, a “Product” and collectively, the “Products”) from Famous Enterprises, Inc. and its subsidiaries, divisions and/or affiliates (collectively, “Famous”), including without limitation, the purchase of Products hereby or by written order, telephone, in-person, electronic mail, from Famous’ website or mobile site, or any other mode or medium of order and/or purchase are governed by the Terms. The Terms comprise a legal agreement between you and Famous and are incorporated herein by reference. A written copy of the Terms will be provided to you by Famous upon your request.
TERMS AND CONDITIONS
Following are the terms and conditions (the “Terms”) governing the purchase of any and all products and other items (individually, a “Product” and collectively, the “Products”) from Famous Enterprises, Inc. and its subsidiaries, divisions and/or affiliates (collectively, “Famous”), including without limitation, the purchase of Products by written order, telephone, in-person, electronic mail, from Famous’ website or mobile site (collectively, the “Site”), or any other mode or medium of order and/or purchase. Please read the Terms completely before purchasing any Products, as your purchase of the Products constitutes your acknowledgement and unconditional agreement to be bound by the Terms. THE TERMS COMPRISE A LEGAL AGREEMENT BETWEEN YOU (“CUSTOMER”, “YOU” OR “YOUR”) AND FAMOUS (the “Agreement”).
Famous may change the terms and conditions at any time and from time to time. Placement of orders and/or purchases following any such change constitutes your unconditional agreement to follow and be bound by the changed terms.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PRODUCTS, THE SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. FAMOUS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. THIS DISCLAIMER INCLUDES ANY ORAL WARRANTIES OR REPRESENTATIONS MADE OR IMPLIED BY ANY AGENT, EMPLOYEE, SUBCONTRACTOR, MANAGER, DIRECTOR AND/OR REPRESENTATIVE OF FAMOUS.
The Products are covered solely by the specific manufacturers' warranties, if any. The Customer, at the Customer’s expense, is responsible for complying with all terms of any such manufacturer warranties, including without limitation, completion and return of any and all registration materials.
Customer acknowledges and agrees, and is hereby advised, that the Products may contain lead, and may be unsuitable for potable water applications. Famous makes no warranty of any kind, express or implied, regarding the lead content of any of the Products and/or the suitability of the Products for potable water applications. The responsibility to determine the lead content and/or the suitability of any of the Products for potable water applications rests solely with the Customer or end user of the Products. By your purchase of the Products from Famous, you are hereby agreeing to (a) release Famous from all liabilities in connection with the Products; and (b) indemnify, defend and hold Famous harmless from all claims and losses (including, without limitation, all costs and attorneys’ fees) related to the Products.
Advice and Assistance
Upon request, Famous, in its sole discretion, may furnish as an accommodation and gesture of goodwill to Customer and/or the end user of the Products, technical advice and/or assistance regarding the Products or services furnished, including without limitation, take-offs and material lists. Notwithstanding anything herein contained to the contrary or at law or in equity, Famous shall have no obligation and disclaims, and Customer hereby releases and shall indemnify, defend and hold harmless, Famous from all liability for any advice and/or assistance given and/or results obtained thereby. Any action taken by Customer and/or the end user of the Products, which is in any way influenced by Famous’ advice and/or assistance, is at Customer’s sole risk.
Pricing and Availability
Products displayed at Famous’ locations and at the Site are available while supplies last. In some cases, Products displayed for sale may be special order, out of stock, backordered or no longer available. All prices are quoted in U.S. Dollars and can only be paid in U.S. Dollars. Prices are subject to change, without notice, at the sole discretion of Famous. Famous shall have the right to refuse or cancel any orders whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Famous shall issue a credit to your credit card account in the amount charged.
All taxes and other charges imposed by present and future federal, state, local or foreign governments on the manufacture, sale, shipment, import, export, use or installation of the Products or services shall be paid solely by Customer. It is Customer’s obligation to provide Famous with a tax exemption certificate, where applicable. Unless otherwise specified, prices do not include such taxes. The Customer shall defend, indemnify and hold harmless Famous from and against all liabilities for such taxes, charges, attorney's fees and/or costs incurred by Famous in connection therewith.
Famous has attempted to accurately display the Products that appear at the Site and in its catalogs, brochures and promotional materials. However, Famous cannot guarantee that the depictions provided by manufacturers accurately display the Products or that, with respect to Products viewed on the Site, your monitor's display of any color or texture or detail of Products will be accurate. The descriptions of the Products may contain technical and/or other inaccuracies and typographical errors.
Location of Products
The Customer understands and acknowledges that Famous has certain lien rights as the material supplier furnishing the Products and agrees to take any and all actions required by Famous and/or under the laws of any applicable governmental jurisdiction, including, without limitation, under Chapter 1311 of the Ohio Revised Code, to preserve Famous’ lien rights. The Customer represents, warrants and covenants to Famous that (i) the Customer shall identify in writing to Famous the complete address of the real property (the “Location”) where the Products will be used in the course of improvements to such Location (the “Improvements”); (ii) the Products are being furnished with the intent that the Products be used in the course of the Improvements; and (iii) the Products shall be: (A) incorporated in the Improvements or consumed as normal wastage in the course of the Improvements; (B) specifically fabricated for incorporation in the Improvements and not readily resalable in the ordinary course of the fabricator’s business even if not actually incorporated in the Improvement; (C) used for the Improvement or the operation of machinery or equipment used in the course of the Improvement and not remaining in the Improvement; or (D) tools or machinery used in the Improvement subject to lien rights of Famous under the laws of the applicable jurisdiction. The Customer agrees to provide any and all further documentation required by Famous in connection with the foregoing. Products ordered by the Customer under a specific job account or identified on the invoice as relating to a specific job account or address shall be deemed the Location for purposes of this paragraph, regardless of whether the Products are delivered to another address or picked up by Customer at one of Famous’ locations.
The Customer hereby agrees to indemnify, defend, and hold Famous, Famous’ licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (all of the foregoing personas and entities, collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by any of the Indemnified Parties in connection with, directly or indirectly, any claim arising out of (i) any breach by Customer of these Terms or claims arising, directly or indirectly, from your use of this Site and/or your account(s); (ii) Customer’s failure to follow specifications, instructions, warnings or recommendations furnished by Famous and/or any manufacturer; (iii) Customer’s failure to comply with all applicable legal requirements, including, but not limited to, uniform, national and/or local building codes; (iv) intentional and/or negligent use and/or misuse of the Products by Customer; (vi) any misrepresentation and/or omission by Customer; (vii) the sole or contributing negligence of Customer, including without limitation, in workmanship and/or installation of the Products; (vii) the breach of any representations, warranties or covenants of Customer hereunder; or (viii); or (viii) the alleged infringement of any patent, trade mark, copyright and/or as a result of Famous’ performance in accordance with Customer’s installation, designs, plans or specifications. Customer hereby waives and releases Famous from all rights of contribution or indemnity to which Customer may otherwise be entitled. Notwithstanding anything contained in any document to the contrary, Famous shall not be liable for the acts, conduct and/or omissions of third parties, including, without limitation, the manufacturer, Customer, end user, and/or the installer, and under no circumstances shall Famous have any obligation to defend, indemnify or hold any Customer or any other person or entity harmless from any claims, liabilities, causes of action and/or costs (including attorneys’ fees) arising, directly or indirectly, from the acts, conduct or omissions of third parties, including, without limitation, the manufacturer, Customer, end user, and/or the installer. As used in this paragraph, the term "you" and “Customer” shall mean you and your agents, officers, directors, employees, contractors, subcontractors, parents, subsidiaries, divisions, affiliates, heirs and assigns. The Customer is responsible for maintaining the confidentiality of username(s), password(s), and your account(s), as well as all activities that occur under your account(s).
Limitation of Liability
Famous’ liability on any claim of any kind, including, without limitation, negligence and/or breach of contract, with respect to any Products and/or services provided to Customer, shall in no case exceed the price of the Product or services or part thereof which gives rise to the claim. IN NO EVENT SHALL FAMOUS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR DAMAGES IN THE NATURE OF PENALTIES. This Agreement confers rights and remedies upon only the named beneficiary. No person, other than such named beneficiaries, has any rights or remedies under this Agreement.
All drawings, inventions and/or related materials and/or items made by or for Famous in connection with the performance of any order placed by Customer shall be Famous’ property. Unless otherwise noted, all materials and items, including without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear in Famous’ catalogues, brochures, promotional material, and Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by or to Famous or its manufacturers. The Contents are intended solely for personal, non-commercial (other than for the purchase of Products and other items or services from Famous) use by the Customer. No right, title or interest in any downloaded or copied materials or software is transferred to you as a result of any downloading or copying. you may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents.
Except as explicitly set forth in writing signed by an officer of Famous, Famous hereby disclaims any and all warranties against patent and/or other infringement. Famous shall have no duty to defend, indemnify, or hold you harmless from and against any or all damages and cost incurred by you arising from the infringement of patents or trademarks or the violation of copyrights by the Products, services, and other items sold hereunder.
This Agreement constitutes the entire agreement between you and Famous relating to the Products and/or services covered hereunder. No modifications shall be binding upon Famous unless in writing signed by Famous’ duly authorized representative. No waiver by Famous of any default or any section hereunder shall be deemed a waiver of any subsequent default or any other section of this Agreement and in the event of such waiver, this Agreement shall otherwise remain in full force and effect. Captions used herein shall have no substantive significance.
Any suit involving any dispute or matter arising under this Agreement may only be brought in the courts of the State of Ohio, in either Cuyahoga or Summit County. Customer hereby acknowledges that Famous has substantial business operations in both Cuyahoga and Summit Counties. Customer hereby consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding. In the event that any provision of this Agreement shall be finally determined to be unenforceable, such provision shall be deemed to be severed from this Agreement, but every other provision of this Agreement shall reaming in full force and effect. With respect to any provision deemed unenforceable, Customer agrees that a court of competent jurisdiction shall have jurisdiction to determine what is enforceable to the maximum extent permitted by law.
The Customer agrees to waive, to the fullest extent allowed by applicable law, any right to pursue claims on a class or consolidated basis or in a representative capacity, which relate in any way to the Site, this Agreement and/or any Product, service and/or other items sold and/or purchased from Famous.
CREDIT TERMS AND CONDITIONS
SHIPPING AND RETURNS
Loss, Damage or Delay
Famous shall not be liable for any loss, cost, expense, damage, detention, and/or delay resulting from causes beyond its reasonable control, and/or from strikes, work stoppages, and/or other action by workers, any act or omission of Governmental authority, Customer’s acts, insurrection and/or riot, war, embargo, car shortage, wreck, and/or delay in transportation, and/or inability to obtain necessary labor, materials, and/or manufacturing facilities from usual sources, acts of God and/or nature. All shipment, delivery and/or performance dates are estimates only and are not guaranteed and Famous shall have no liability for, and you hereby release Famous from, any liability incurred thereunder and/or with regard thereto. Famous reserves the right, at any time and from time to time and without liability to Customer and/or with regard thereto: 1) to delay performance; 2) to partially perform and/or cancel any portion of our performance; and 3) to allocate available quantities among its customers in any manner Famous deems reasonable. Cancellation of any part of an order shall not affect your duty to pay for our performance of any other part hereunder. Risk for loss, theft and/or damage shall pass to you upon our delivery of the Product to a carrier for shipment, and any loss or damage thereafter shall not relieve you from any obligation hereunder.
Famous will only accept for return Products purchased directly from Famous; however, warranty parts may be accepted at Famous’s discretion, and a handling charge or fee will be added. Any material being returned for credit must be accompanied by the invoice on which it was purchased or the invoice number thereof. For a returned Product to qualify for credit, the Product must be a stock product at Famous, in new and resalable condition, and must not have been used, installed, modified, altered and/or damaged. Products must be in the original packaging if applicable. Customer shall bear the risk for loss or damage during shipment to Famous. No returns will be accepted without prior authorization from Famous for non-stock items. Customer must contact Famous to receive said authorization within thirty (30) days of the ship date in order for Customer to be issued a credit, subject to the terms and conditions listed below. COD shipments will not be accepted under any circumstances. A minimum 25% restocking charge shall be applied to all returned non-stock Products to cover the cost of handling and inspection. Famous may also charge a similar restocking charge for stock products.
By signing this Rental Agreement, the company listed above ("Company") agrees to indemnify, defend and hold Famous Enterprises, Inc., Famous Industries, Inc., Famous Distribution, Inc. and their subsidiaries, divisions and affiliates (collectively, "Famous") harmless from and against any and all liabilities, losses, costs and expenses (including, without limitation, attorneys fees and court costs) in any way related to or associated with the use of the equipment described herein (the "Equipment"). Famous is not liable for and the Company hereby releases Famous from, any injury or loss sustained by the operator of the Equipment or from the operation of the Equipment, nor is Famous responsible for the work performed by the Equipment or for any damage caused to the Equipment or the job site by the set up, operation or take down of the Equipment or otherwise. By renting the Equipment herein, the Company represents, warrants and certifies that its personnel are trained and qualified to set up, operate, use and take down the Equipment.
Department Of Energy Standards
The Department of Energy (DOE) has updated the standards for air conditioners installed (minimum SEER) in the Northern Tier of States and updated the standards for air conditioners installed (minimum SEEER & EER) in the Southeastern and Southwestern Tier of States. Air conditioning units manufactured after January 1, 2015 must have a minimum SEER rating of 13 when installed in the Northern Tier of States. After July 1, 2016 all 13 SEER products purchased from Famous Supply must be installed in the Northern Tier of States. After July 1, 2016 a 13 SEER air conditioning unit, cannot beinstalled in a Southeastern or Southwestern defined State. By signing this invoice you are agreeing to abide by the DOE policies regarding installation of 13 SEER equipment in the Northern Tier of States, as defined by the Department of Energy (DOE). A DOE brochure is available by clicking the following link.
Additionally, heat pumps are not subject to regional standards and not subject to any of the requirements listed above (i.e. there is no limitation on the sale of 13-SEER products manufactured or imported before January 1, 2015 and no requirement to maintain records). The National Standard for heat pumps is 14 SEER / 8.2 HSPF.
* The Northern Tier includes:
AK, CO, CT, ID, IL, IA, IN, KS, MA, ME, MI, MN, MO, MT, ND, NE, NH, NJ,NY, OH, OR, PA, RI, SD, UT, VT, WVA, WA, WI, WY
* The Southeastern Tier includes:
AL, AR, DC, DE, FL, GA, HI, KY, LA, MD, MS, NC, OK, SC, TN, TX, VA, U.S. Territories.
* The Southwestern Tier includes:
AZ, CA, NM, NV
ADDITIONAL TERMS AND CONDITIONS OF USE OF SITE
In addition to the foregoing, the following terms and conditions also govern your use of the Site. By using this Site, you unconditionally signify your acknowledgement and agreement to these terms and conditions of use. Famous may change the terms and conditions that govern your use of this Site at any time and from time to time. Use of this Site following any such change constitutes your acknowledgement and agreement to follow and be bound by the changed terms. Famous may also change, move or delete portions of, or may add to the Site from time to time. If you do not agree to these terms, please promptly exit this Site.
Famous may from time to time update this policy and invite you to review this page periodically. In the event this policy changes, we will inform you by posting an updated policy on this Site. The new policy will replace any prior policies. Note: you must be a U.S. resident 18 years or older to use this Site.
FAMOUS DOES NOT WARRANT THAT ANY CONTENT OF THE SITE WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, CUSTOMER HEREBY ASSUMES AND RELEASES FAMOUS FROM THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION CAUSED BY ANY SUCH VIRUSES AND/OR OTHER HARMFUL COMPONENTS.
Famous may terminate this Agreement at any time and may do so immediately without notice, and deny you access to the Site and/or portions thereof, including, without limitation, if in Famous’ sole opinion you fail to comply with any term or provision of this Agreement.
Our Privacy Principles
• Famous do not sell customer information. • Famous do not give its permission to anyone doing business on our behalf to use our customer information for their own marketing purposes.
Information We Gather
Famous does not share any information you provide to us, including your email and mailing addresses, with any companies outside Famous, its subsidiaries, affiliates, and/or necessary payment processors.
If you choose to receive promotional materials from Famous, Famous may send promotional materials by email or the mailing addresses you provided on the registration or billing information screens. From time to time Famous may notify you of special promotions, new Products or services, or other information that may interest you. If you do not wish to receive this type of information, you will be able to clicking on the appropriate button or checkbox when first asked if you would like to participate or may notify us of your election not to participate thereafter.
In order to fulfill licensing transactions or provide service to you as our Customer, Famous may require you to provide certain information to us. Common items may include, but are not restricted to, your name, address, phone number and credit card number.
By providing Famous with this information, you are agreeing to allow us to utilize this information to complete all transactions you request through this Site and to disclose that information and details of all such transactions to Famous’ various offices, subsidiaries, affiliates and any necessary payment processors.
Specific Customer passwords will be issued on request. Such password may only be used by individuals in your organization to conduct business with Famous, and shall not be disclosed, shared and/or otherwise used by any other person or entity, or in any other manner.
If at any time you believe that Famous has not followed the above policy, or if you would like your information to be removed from our system, please contact us using our contact form. Famous will make reasonable efforts to assess and correct any problem.