Terms and Conditions
TERMS AND CONDITIONS OF USE AND SALE
NEW ACCOUNTS
A $100 minimum order applies to all new accounts. Other than opening orders for new account, there is no minimum order amount for purchases made from CIS.
Any order(s) placed by phone or fax will be subject to a $5.00 processing fee. This processing fee will be waived for any orders designating overnight shipment. Order(s) must be shipped within ninety (90) days of placement to hold pricing.
Purchaser assumes all responsibility for proper selection, design, installation, operation, and maintenance of all the merchandise provided by Custom Install Supply, LLC. In no way shall CIS be held liable for any damages of any kind, including, but not limited to the loss of profits, in regards to improper use or mishandling of merchandise/products provided by CIS.
Products may be substituted when necessary at the discretion of CIS.
CIS does not authorize any person to make verbal commitments, nor assume for the company, any obligation or liability other than that expressed herein.
While CIS strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information (text and/or photography), CIS shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is priced incorrectly, CIS may, at its discretion, either contact you for instructions or cancel your order and notify you of the cancellation.
PAYMENT TERMS
All returned checks must be resolved in five (5) business days of notification by CIS. A returned check is not considered resolved until the amount of the check plus a $35 processing fee has been received by our office. This payment must be received in the form of a cashier’s check or certified money order. CIS reserves the right to pursue any legal action, at your expense, to resolve the issue.
Orders placed for standard cataloged products may be cancelled prior to their shipment. Orders maybe be cancelled via email request from the feedback/customer service request form on our website or by telephone. Confirmation of cancellation from CIS in the form of email or fax, must be received by customer to validate cancellation of order.
*Do not return goods without a Return Materials Authorization (RMA)!!! Your freight will be refused, and you will be responsible for freight charges both ways.
Return Merchandise Authorizations (RMA) numbers are issued via email. RMA numbers are only valid for 30-days from date of issue. You must reference a valid RMA number on the return label of each carton being returned.
Merchandise that is “discontinued” or “special order” is not returnable. Credit for the returned product(s), less a 20% restocking fee, will be issued for merchandise only. NO cash refunds will be issued.
REFUSED ORDERS
ALL ITEMS PURCHASED FROM CUSTOM INSTALL SUPPLY.COM ARE PURSUANT TO A SHIPMENT CONTRACT. THIS MEANS THAT THE RISK OF LOSS AND TITLE FOR SUCH ITEMS (MERCHANDISE/PRODUCTS) PASS TO YOU UPON OUR DELIVERY TO THE FREIGHT CARRIER.
All shipments are Freight on Bill (F.O.B.) point of origin. Shipping and handling charges will be added to the cost of the merchandise/products purchased at the time of invoicing. CIS will pay for special service allowing all qualifying orders to arrive from the date of shipment within (3) days or less in the contiguous U.S.A.*
Additional charges as dictated by the freight carrier, such as residential delivery, lift-gate service, etc, are the responsibility of and will be charged to the customer.
All shipping charges posted via the CIS website or custom order application, are within the contiguous United States only. For shipping charges outside of the contiguous U.S. please call in or email your request.
All shipments are based on the availability of the product(s). The date of order arrival is dictated by the date of the shipment and not the date of order placement. As predicated by the freight company, shipping transit time does not include weekends and/or holidays.
You are responsible for the quantity and condition of the shipment(s) you receive. Please note on the freight bill any question(s) regarding the shipment such as, quantity or condition of order, suspicion of hidden damage, etc, and then have the freight bill countersigned and dated by the driver. Contact the freight carrier within three (3) days to file a claim. If damages are not noted on the freight bill and/or reported after three (3) days of receipt, you may not be able to file a freight claim.
WARRANTY
Notwithstanding any of these terms and conditions, Custom Install Supply, reserves the right, without notice and at its sole discretion, to terminate your license to use the website, and to block or prevent future access to and use of the website.
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall CIS or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any direct, indirect, punitive, incidental, special or consequential losses or damages of any nature arising out of or in connection with the use of or in connection with the use of or inability to use the CIS website, including, without limitation, damages for the lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer damage, failure or malfunction, even if an authorized representative of CIS has been advised of or should have known of the possibility of such damages.
These Terms and Conditions and all questions relating to its validity, interpretation, performance and enforcement (including, without limitation, provision concerning limitations of actions), shall be governed by and construed in accordance with the laws of the State of Montana, not withstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary, and without the aid of any canon, custom or rule of law requiring construction against the draftsman. The proper venue of any action shall be Missoula, Montana.
CIS requires a completed business application form and Terms and Conditions Agreement, before a new account and opening order can be established. Placing an order constitutes agreement of Terms and Conditions of Sale and Use. All new accounts are required to have a minimum opening order of $100, after a new account is established and the opening order is processed, CIS has no minimum order requirement.
ORDER PLACEMENT
ORDER ACCEPTANCE & LIMITATIONS
Receipt of your order by any method does not constitute CIS’s acceptance of your order or our offer to sell. CIS reserves the right at any time after receipt of your order to accept or refuse/cancel it for any reason.
We reserve the right to refuse/cancel any order and/or limit quantities on any order, for any reason. If for any reason we refuse/cancel your order, we will attempt to notify you via the email address on file for your account.
GENERAL DISCLAIMERS
PRICING INFORMATION
Prices and availability are subject to change without notice.
CIS accepts Cash, VISA, MasterCard, AmEx, Discover, and/or Paypal. Open account terms may also be available for qualified accounts. To qualify you must complete our Application for Credit, meet our credit check requirements and accept the terms of credit, to be considered for an open account.
RETURNED CHECKS
ORDER CANCELLATION
RETURN MERCHANDISE POLICY
All products must be returned within sixty (60) days from the date of original invoice by CIS. All materials returned must be in new and unused condition to warrant any credit consideration. Credit consideration is at the sole discretion of CIS.
Any order refused for any reason will be charged for all return shipping & handling charges and be subject to a restocking fee of 20%.
RISK OF LOSS
FREIGHT PROGRAM
Guaranteed delivery dates are subject to, and at the sole discretion of, the freight carrier. CIS will not be held liable for any damages, including but not limited to loss of profits, due to merchandise not being received by the customer within shippers guaranteed transit times. See freight carrier’s terms and conditions for complete details and availability of service(s). CIS will make every effort to assist you with your freight claim; however the claim MUST be filed by you.
*Guaranteed (3) day delivery applies only to minimum orders of $100 or more - allowing package sizes do not exceed 2 ft. in any dimension, or is in excess of 45 lbs. If any of these items apply freight will be standard (F.O.B.).
FREIGHT CLAIMS
Inspect your freight immediately upon delivery!
Products sold through, but not manufactured by CIS, are warranted by the companies that have manufactured said products and the manufacturer’s warranty solely applies.
TERMINATION OF LICENSE
SEVERABILITY OF PROVISIONS
In the event any provision(s) of these Terms and Conditions are deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity or enforceability of any remaining provisions.
LIMITED LIABILITY
APPLICABLE LAW & VENUE