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Terms & Conditions

These terms and conditions (“Terms and Conditions”) apply to you as a buyer (“Buyer”) of goods from Allshields, Incorporated (“Allshields”). Buyer agrees that the sale of such goods and/or provisions of such services are subject to all terms and conditions set forth hereinafter.

Allshields reserves the right, in its sole discretion, with or without notice, to modify these Terms and Conditions at any time. Buyer shall be responsible for making sure Buyer has the most current version of these Terms and Conditions at any time. A current version can be obtained online at www.allshields.com/dealerinformation/terms&conditions or by requesting a current copy by mail from Allshields, Inc. at 1517 ½ C Sunrise Avenue Raleigh, NC 27608.

Limited Warranty

Allshields warrants that (a) Allshields will convey good title to the goods being provided to Buyer, (b) such goods will be free from latent defects in material and workmanship.

Disclaimer of Other Warranties

EXCEPT AS ABOVE STATED, ALLSHIELDS MAKES NO OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO DESCRIPTION, QUALITY, CONDITION, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PRODUCTIVENESS, OR ANY OTHER MATTER WITH RESPECT TO THE GOODS BEING PROVIDED TO BUYER, AND BUYER ACKNOWLEDGES THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO BUYER OR RELIED UPON BY BUYER WITH RESPECT TO THE GOODS HEREIN PURCHASED FROM ALLSHIELDS.

Excusable Delay

Allshields shall not be liable for any delays or failure in the delivery of products or services, if such delays or failures are due to war, strikes, inclement weather, acts of God, shortages of necessary equipment or supplies or other causes beyond the reasonable control of Allshields.

Limitation of Liability

Allshields liability to Buyer in the event of the breach of any limited warranty in these Terms and Conditions shall be limited to either (a) repair or replacement of the goods sold to Buyer, or (b) refund to Buyer of the purchase price paid to Allshields in respect of such goods.  Allshields shall determine which remedy it shall offer to Buyer, but neither remedy shall be available for more than one (1) year after delivery or provisions of such goods to Buyer.

IN NO EVENT SHALL ALLSHIELDS BE LIABLE TO BUYER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, BUSINESS INTERRUPTION OR LOST PROFITS, ARISING OUT OF OR RELATED TO THE SALE OF GOODS TO BUYER, EVEN IF ALLSHIELDS HAS KNOWLEDGE OR BEEN ADVISED OF THE POSSIBILITY THEREOF. ALLSHIELDS LIABILITY TO BUYER HEREUNDER, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO ALLSHIELDS HEREUNDER BY BUYER.

Governing Law and Jurisdiction

This contract shall be governed by the laws of the State of North Carolina, excluding its conflict of law principles.

Any dispute or claim arising out of or in relation to the sale of goods and/or provisions of services to Buyer by Allshields shall be governed by these Terms and Conditions, and Buyer and Allshields agreed that the interpretation, making, performance, breach, enforcement or termination of these Terms and Conditions shall be finally settled by binding arbitration in Raleigh, North Carolina, under the Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with said Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Buyer and Allshields agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.

Other Terms and Conditions

If the account is not paid according to its terms and is referred to an attorney for collection, Buyer agrees to pay all costs and expenses of collection, including reasonable attorney’s fees.

These Terms and Conditions constitute the complete and exclusive understanding between Allshields and Buyer relating to the sale of goods by Allshields to Buyer and supersedes all prior or contemporaneous understandings, agreements, communications and/or advertising with respect thereto.

If any provision of these Terms and Conditions is held by the arbitrator or other applicable authority to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Allshields failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Allshields in writing.

All notices given by Allshields may be given by email, regular mail or by general posting on its website www.allshields.com.

Allshields, Incorporated 1517 ½ C Sunrise Avenue Raleigh, NC 27608

Location

1517 1/2 C Sunrise Ave
Raleigh, NC 27608

Contact us today!
919.828.7599

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