PLEASE READ CAREFULLY!
THE TERMS AND CONDITIONS BELOW APPLY TO PURCHASES FROM DIXIE METAL DETECTORS. THE CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LEGAL LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
By accepting delivery of product(s) from Dixie Metal Detectors
("Dixie-Metal-Detectors.com"), you ("Customer") agree to be bound by the terms and
conditions listed below. You and Dixie Metal Detectors
agree that the following terms and conditions are the exclusive terms
governing all sales transactions between Customer and Dixie Metal Detectors
. These terms and conditions are subject to change at any time,
without prior written notice. However, the current terms and conditions for all sales will be posted on this "Conditions of Sales" web page on the Dixie Metal Detectors
website. Therefore, please check these terms and
conditions carefully each time you place an order with or accept
delivery of any goods.
1. Dixie Metal Detectors Refund and Warranty
- Due to the nature of products sold by Dixie Metal Detectors ALL SALES ARE FINAL. All warranty requests should be made directly to the manufacturer of the product(s). Dixie Metal Detectors will furnish the client with a copy of the sale invoice that can be used for proof-of-purchase of product(s). The following are exceptions:
- Refurbished / Used Products
All refurbished and/or used metal detectors, headphones, probes, and coils carry a 7 days refund policy. SHIPPING COST IS EXCLUDED FROM THE 7 DAYS REFUND POLICY. Item(s) must be returned in original shipping container with all components and written material shipped with item(s)
- Non-Returnable Items
Due
to manufacturer's policies, defective merchandise must be returned to the manufacturer
directly.
- Dixie Metal Detectors Products
Products assembled from multiple OEMs for sale under the Dixie Metal Detectors brand carry their own individual manufacturer warranties.
2. WARRANTIES
Dixie Metal Detectors is a reseller of products that are not manufactured by Dixie Metal Detectors. Product(s) purchased are covered by each manufacturer's warranty, service, and support policy as defined by the manufacturer at the time of purchase of the product(s). Dixie Metal Detectors assigns and passes through to the Customer any warranty of the manufacturer, and Customer
acknowledges that it shall have recourse only under such warranties and only against the manufacturer
of the product(s). DIXIE METAL DETECTORS MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT
EXCEPT THOSE STATED IN THIS DOCUMENT. DIXIE METAL DETECTORS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO
ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING,
OR COURSE OF PERFORMANCE.
4. LIMITATION OF LIABILITY
IN
ALL CIRCUMSTANCES THE MAXIMUM LIABILITY IS LIMITED TO THE
PURCHASE PRICE OF THE PRODUCT(S) SOLD. DIXIE METAL DETECTORS SHALL NOT, UNDER ANY
CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT,
INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING
TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT OR BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST
THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS
OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT DIXIE METAL DETECTORS IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
5. GENERAL TERMS AND CONDITIONS
Orders and Payment Terms:
An order is not binding upon Dixie Metal Detectors until it is accepted. Payment must be received before an order is accepted. Dixie Metal Detectors may cancel an order even after payment has been processed, but prior to shipment. In the event that an order is canceled by Dixie Metal Detectors and Customer's payment has been processed, then the refund will be credited to the credit card used to make the purchase or a check will be sent to the address of record for a wire transfer or check payment. Customer can make payment by credit
card, wire transfer,
or check. However, payment must clear before shipment of product(s). You agree to pay the
amount( due as specified on the invoice, and you agree to pay
interest on all past-due
sums at a rate of 18% per year or the highest rate allowed by law,
whichever is greater.
GOVERNING LAW AND JURISDICTION:
Any dispute arising out of or related to these Terms and Conditions or
the sales transaction between Dixie Metal Detectors and Customer shall be governed
by the laws of the State of Tennessee, without regard to its conflicts
of law rules. This agreement shall not be governed by the United
Nations Convention on the International Sale of Goods. Dixie Metal Detectors and
Customer consent to the exclusive
jurisdiction and the venue of the State Courts of the State of
Tennessee, Davidson County, to resolve any dispute between them
related hereto, and the
parities waive all rights to contest this exclusive jurisdiction and
venue of such Courts. Customer also waives all rights to bring any
legal action, (tort, contract, equity or other theories of liability), against Dixie Metal Detectors for product(s) or services rendered where the invoice date is greater than one year.
Enforceability: If
any provision contained in this agreement is or becomes invalid,
illegal, or unenforceable in whole or in part, such provision shall not affect the remaining
provisions and portions of this agreement, and the invalid, illegal, or
unenforceable provision shall be deemed modified so as to have the most
similar
result that is valid and enforceable under applicable Tennessee law.
Waiver:
The failure of either party to require performance by the other party
of any provision of this agreement shall not affect in any way the
first party's right to require such performance at any time thereafter.
Any waiver by either party of a breach of any provision in this
agreement shall not be taken or held by the other party to be a
continuing waiver of that provision unless such
waiver is made in writing.
Entire Agreement:
These terms and conditions, together with the Dixie Metal Detectors invoice
for the product(s) ordered by Customer, are the complete and
exclusive agreement and they supersede all prior or
contemporaneous proposals, oral or written, understandings,
representations, conditions, warranties, and all other communications
between Dixie Metal Detectors and Customer
relating to the ordered product(s). No external documents, customary industry trade practices, or prior business transactions may be use to explain or supplement this agreement.
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