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website POLICIES Legal Information & Notices SatinAmerican

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delivery of GOODS

After you submit a completed order and we get approval of your specified payment option, we release your order to our manufacturing facility.

Based on the availability of system parts and other factors that affect our manufacturing process, lead times for individual systems may fluctuate. The time it takes from the order date to the ship date will depend both on your system's individual lead time and the shipping option you choose.

We do our best to accurately estimate when items will ship from our facilities and those of our partner companies. Estimated shipping dates are based on several factors, including your destination address, how quickly we can obtain, assemble, and test items for shipment, and whether you have requested that we minimize the number of shipments or ship items as they become available.

Our estimated shipping dates are always a range of dates. It is entirely possible for an item that has not shipped by the beginning of the date range to still arrive within our stated delivery estimate.

legal STATEMENT / WEBSITE terms of use

satinAmerican, LLC, offers access to this Web site which contains information, publications, and links to other sites, on the terms and conditions described on this page. By using this web site, you are agreeing to these terms and conditions.satinAMERICAN reserves the right to change these terms and conditions from time to time at its sole discretion.

copyrightINFORMATION:

The information on this Web site is protected by applicable laws, including copyright law.

COPYRIGHT NOTICE: All content Copyright © 2003-2013 satinAMERICAN, LLC, All rights reserved.

The products and services on this site are protected by copyright, trademark and/or other Intellectual property laws, therefore any unauthorized use of the products and services may violate such laws and the Terms of Use. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Products or its Services except as expressly authorized herein. satinAMERICAN. hereby disclaims any rights to Trade Marks, Service Marks, Trade Names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. satinAMERICAN, LLC, disclaims any proprietary interests in the intellectual property rights other than their own.

DISCLAIMERS:

satinAMERICAN, LLC, is an authorized distributor for Hammond Power Solutions and ASCO.

satinAMERICAN, LLC, IS NOT an authorized distributor for Square D, Allen Bradley, General Electric, Westinghouse, Cutler Hammer, ITE, Furnas, Federal Pacific American, Asea Brown Boveri, Bryant, Zinsco, Siemens, Gould, Bussmann, Thomas & Betts, Sola Hevi-Duty, Sorgel, Motortronics, Fuji, Klockner - Moeller, Mitsubishi, Sylvania, or Stromberg.

UNLESS EXPRESSLY OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND satinAMERICAN, LLC,, NEITHER satinAMERICAN, LLC, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHTS UNDER ANY PATENT, TRADEMARK OR COPYRIGHT.

EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND satinAMERICAN, LLC, ALL INFORMATION AND PUBLICATIONS, AS WELL AS THE WEB SITE ITSELF, ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER, AND satinAMERICAN, LLC,HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, satinAMERICAN, LLC,DISCLAIMS ANY AND ALL WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT. UNDER NO CIRCUMSTANCES WILL satinAMERICAN BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES WHATSOEVER, RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, IN ANY ACTION FOR BREACH OF CONTRACT OR WARRANTY, OR TORT (INCLUDING NEGLIGENCE), ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION AND PUBLICATIONS CONTAINED ON THIS WEB SITE, AND/OR THE WEB SITE ITSELF.

YOU ASSUME ALL RISKS RELATING TO AND/OR ARISING FROM THE SUITABILITY AND ACCURACY OF THE INFORMATION AND PUBLICATIONS CONTAINED ON THE WEB SITE. THE WEB SITE AND THE INFORMATION AND PUBLICATIONS CONTAINED ON IT MAY INCORPORATE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. satinAMERICAN, LLC ASSUMES NO RESPONSIBILITY FOR, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH INACCURACIES, ERRORS, OR OMISSIONS ON THE WEB SITE, THE INFORMATION AND PUBLICATIONS CONTAINED ON IT, AND IN ANY AND ALL OTHER REFERENCED OR LINKED DOCUMENTS.

satinAMERICAN, LLC MAY MAKE CHANGES TO THE INFORMATION, PUBLICATIONS, AND THE WEB SITE AT ANY TIME AND WITHOUT NOTICE.

THIS WEB SITE AND THE INFORMATION AND PUBLICATIONS CONTAINED ON IT ARE DISTRIBUTED INTERNATIONALLY, AND MAY CONTAIN REFERENCES TO satinAMERICAN, LLC PRODUCTS AND SERVICES THAT HAVE NOT BEEN ANNOUNCED AND/OR ARE NOT AVAILABLE IN YOUR COUNTRY.

THESE REFERENCES DO NOT IMPLY THAT satinAMERICAN, LLC INTENDS TO ANNOUNCE SUCH PRODUCTS OR SERVICES, OR TO MAKE THEM AVAILABLE, NOW OR AT ANY TIME IN THE FUTURE, IN YOUR COUNTRY.

THIS WEB SITE CONTAINS LINKS TO THIRD PARTY SITES WHICH ARE NOT UNDER THE CONTROL OR DIRECTION OF satinAMERICAN, AND satinAMERICAN ASSUMES NO RESPONSIBILITY WHATSOEVER FOR THE REPRESENTATIONS, INFORMATION, PRODUCTS, FUNCTIONALITY AND/OR CONTENT OF ANY SUCH SITE. IF YOU ACCESS A THIRD PARTY SITE VIA A LINK FROM THIS WEB SITE, YOU DO SO AT YOUR OWN RISK. SATIN AMERICAN PROVIDES THESE LINKS MERELY AS A CONVENIENCE, AND THEIR INCLUSION ON THIS WEB SITE DOES NOT MEAN THAT SATIN AMERICAN PROMOTES, ENDORSES, OR ACCEPTS THE CONTENT ON THOSE THIRD PARTY SITES.

WARNING: PRODUCTS LISTED ON THIS WEBSITE CONTAIN CHEMICALS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER AND/OR BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM.

NO RIGHTS TO VOLUNTEERED INFORMATION:

Should you, or any other viewer of this Web site, respond with information, feedback, data, questions, comments, and/or suggestions, that response will not be treated as confidential, and SATIN AMERICAN shall be free to reproduce, use, disclose, and distribute the response to others, without limitation. You agree that SATIN AMERICAN is free to use any ideas, concepts, algorithms, or techniques contained in your response for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and/or services incorporating your ideas, concepts, algorithms, and techniques.

privacy POLICY

Last updated: 1 July 2013

satinAMERICAN
40 Oliver Terrace
Shelton, CT 06484

SatinAmerican knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting satinAMERICAN, you are accepting the practices described in this Privacy Notice.

information we collect

We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. The information we learn from customers helps us personalize and continually improve your shopping experience at satinAMERICAN. The types of information that we gather are listed below.

We specifically collect (if applicable): company name, contact name, contact phone number, fax number (optional), email address, full billing address, full shipping address, credit card number and expiration (encoded), IP address, and resale number (optional/if applicable).

automatic INFORMATION

We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses satinAMERICAN. This information may include information such as ip address, browser configuration, operating system, and browser edition. (See Log Files below)

A number of companies offer utilities designed to help you visit Web sites anonymously. Although we will not be able to provide you with a personalized experience at satinAMERICAN. if we cannot recognize you, we want you to be aware that these tools exist.

what ABOUT cookies?

Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide features such as personalized greetings, and storage of items in your shopping cart between visits.

The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of some of satinAMERICAN's coolest features, and we recommend that you leave them turned on.

log FILES

As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

We use this information, which does not identify users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole.

We do not link this automatically-collected data to personally identifiable information.

choice / OPT - OUT

We provide you the opportunity to "opt-out" of having your personally identifiable information used for certain purposes, when we ask for this information. For example, on all of our online forms, we denote with a "*" or "(Optional)" those fields which are not required to submit the form.

If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at sales@SATINAMERICAN.com.

You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

access to Personally Identifiable information

satinAMERICAN gives you access to a broad range of information about your account and your interactions with satinAMERICAN. for the limited purpose of viewing and, in certain cases, updating that information. You may view that information here.

If your personally identifiable information changes, or if you no longer wish to maintain an account with us, you may update and/or delete your account by making changes in the "My Account" section of our website. You can also contact our customer service department directly by email (sales@satinAMERICAN.com), telephone (800-497-6255), or postal mail at the address below:

account CHANGES

satinAMERICAN
40 Oliver Terrace
Shelton, CT 06484

INFORMATION SHARING & DISCLOSURE

personally IDENTIFIABLE information

We do not share personally identifiable information with third parties for solicitations, however we reserve the right to share personally identifiable information such as name, billing and shipping addresses and a contact phone number, if any of this information is required to either bill or ship an order. Specific practices are outlined below.

agents

We use outside shipping companies to fulfill orders and a credit card processing company to bill you for goods and services. These companies do not retain, share, store, or use personally identifiable information for any other purposes.

service PROVIDERS

When transmitting a credit card order for processing, we do send the full credit number, expiration, and the name on the card. However, we only share the aforementioned information as necessary for third parties to provide that service.

other THIRD parties

In the event that satinAMERICAN does not have an item in stock, we may elect to ship this item from a third-party vendor. In this situation, in order to faciliate the proper shipment of this item, we may provide the vendor with a contact name, shipping address and phone number, in the form of a packing slip. No billing information will be sent, because all billing occurs at our facility in Mountain View, CA. We do not share any additional information for unknown or unrelated uses.

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site.

security

The security of your personal information is important to us. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). To learn more about SSL, follow this link (http://www.webopedia.com/TERM/S/SSL.html).

We follow generally accepted industry standards to protect personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

If you have any questions about security on our Web site, you can send us an email at sales@satinamerican.com. Conditions of Use, Notices, and Revisions

If you choose to visit satinAMERICAN, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of the state of California. If you have any concern about privacy at satinAMERICAN please send us a thorough description to sales@SATINAMERICAN.com, and we will try to resolve it.

If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our homepage.

minimum ORDER policy

why do you HAVE A MINIMUM order amount?

satinAMERICAN sells primarily through installers and resellers. As such, we are able to offer outstanding access to inventory at competitive prices. To support our customers, we require:

  • Minimum opening order - $150; reorders for account customers - no minimum.
  • International (outside USA/Canada) minimum order - $500 USD pre-paid in advance by wire transfer.
  • Backorders will be shipped without notification if within 60 days of date ordered. All backorders under $100 are subject to cancellation.
  • We reserve the right to cancel any orders or back orders without any notification.

why do you NOT OFFER RESIDENTIAL sales support?

Since many of the products we sell present a safety risk if not installed properly, we do not offer support for residential customers. We sell to installers and resellers across the country; please refer them to us to make your purchase and to have the item installed safely. If you need help finding an installer, please let us know and we will try to match you up with an installer in your area.

returns

Contact the Customer Service Department at 800-497-6255 or email sales@satinamerican.com. Please have your invoice and/or web order number available. Returns will not be accepted without a Return Authorization (RA) number.

The support staff will attempt to diagnose the problem over the phone. If the problem cannot be resolved over the phone, satinAMERICAM. will decide on the best course of action.

satinAMERICAN will not be responsible for consequential damage to items or components caused by either internal or external equipment, shorted connections or components that were not purchased from satinAMERICAN. or that satinAMERICAN did not install.

satinAMERICAN will not be responsible for damages to any components or loss of data inadvertently caused by products, under normal or abnormal use, purchased from satinAMERICAN. The warranty does not cover damages or defects that may have been caused by: shipment, improper installation or maintenance, misuse, neglect or improper environment, repair, modification, adjustment or options or parts that were not installed by an satinAMERICAN. employee, inadequate or excessive electrical power surges, or other power irregularities. satinAMERICAN. will not repair, replace, or refund any purchase if item serial numbers do not match, or if the product is not sold directly by satinAMERICAN.

Defective parts covered by warranty will be replaced with a similar or equivalent part at no cost to the customer. When replacing a part that is different from the original configuration, the customer must purchase the part at cost.

If an item is shipped back for a return and is damaged in shipment, due to customer negligence, a refund will not be issued. In the event that the customer wishes the now damaged item returned, said party is responsible for that shipping cost.

30-day Money Back guarantee

In addition to the standard warranty, satinAMERICAN. offers a 30-day money back guarantee on every commodity. If you are not satisfied with your merchandise, you may return it within 30 days for a refund. The refund will only be issued for the amount of the sale and will not include shipping costs. All products will be subject to a 25% restocking fee. To return merchandise, you must obtain an RA number. Please call the SATIN AMERICAN customer service department and provide the invoice number, item description, and part number(s) of the merchandise you wish to return. Returned merchandise must be placed in original packaging, and include any product manuals and other accessories, as per original shipment by SATIN AMERICAN.

Refunds

We can process returns and refunds only for items directly purchased from and fulfilled by SATIN AMERICAN.

refund form of Payment

You can expect a refund in the same form of payment originally used for purchase. Some exceptions do apply. If, for example, you originally paid via credit card but have since closed that account, we may not be able to refund the card directly. In this situation we would likely issue a refund in the form of check.

refund Calculation

The amount of your refund depends on several factors. For example, if you used a pre-paid label sent by Customer Service, the cost of return shipping is deducted from your refund unless the return is the result of our error.

Items that do not meet our returns guidelines will receive only partial refunds. A 25% restocking fee will be applied to all returns. No returns will be accepted later than 30 days from the date of receipt of your order. If you returned only one item from a multi-item shipment, you will not be reimbursed for the shipping fee.

refund Notification

We'll notify you of your refund once we've received and processed the returned item. You can expect a refund within 7 to 14 business days of our receiving your return.

sales TERMS & conditions

1. ENTIRE agreement

This Agreement is made by and between Seller and Buyer for the sale and purchase of goods. This Agreement is comprised of this document, Buyer’s Application for Credit, Seller’s Order Acknowledgments and Invoices for the goods, and, if Buyer has ordered the goods through Seller’s web site, the provisions of that web site to the extent not inconsistent with the provisions of the remainder of this Agreement. This Agreement constitutes the complete and exclusive statement of the understanding and agreement of the parties with respect to the sale and purchase of the goods. No representation, condition, usage of trade, course of dealing or course of performance explain or supplement its terms or conditions.

2. MODIFICATION, amendment & waiver

Except as otherwise noted, this Agreement may NOT be altered, supplemented, or amended by the use of any other document, including, but not limited to, any acknowledgment, acceptance, contract, or shipping instruction form containing terms or conditions at variance with or in addition to those set forth in this document. Any attempt to alter, supplement or amend this document or to enter an order for goods that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written instrument signed by both Buyer and SATIN AMERICAN. No waiver by either party with respect to any breach or default or of any right or remedy, and no course of dealing, shall be deemed to constitute a continuing waiver of any breach or default or of any right or remedy unless such waiver is expressed in a writing signed by the party to be bound.

3. DELIVERIES

Delivery dates, if any are specified in Seller’s Order Acknowledgments or Invoices, are approximate and are based upon prompt receipt of all necessary information concerning packaging, routing and shipping. Each delivery under this Agreement shall be treated, for the purposes of payment only, as a separate contract.

4. TITLE & risk OF LOSS

If the goods sold pursuant to this Agreement are delivered to Buyer at Seller’s premises, title to and risk of loss of the goods shall pass to upon Buyer’s receipt of the goods. Otherwise, title to and risk of loss of the goods shall pass to Buyer upon delivery of the goods to the location specified on the face of this Agreement.

5. TAXES & freight CHARGES

Buyer shall reimburse Seller for (a) all taxes and other charges (except franchise or income taxes) that Seller may be required to pay to any governmental entity upon the production, sale, transportation, or delivery of the goods and (b) all freight charges. Seller may add all such taxes, duties and other charges, if any, to its invoices.

6. PAYMENTS

Payments shall be made to Seller at the address shown on Seller’s invoice for the goods. Unless otherwise indicated on Seller’s Order Acknowledge or Invoice for the goods, all payments shall be due in full, without any setoff or withholding for any reason, immediately upon Seller’s delivery of the goods sold pursuant to this Agreement.

7. BUYER’S credit

If Buyer fails to pay for any one delivery when it becomes due, Seller, in Seller’s sole discretion, may terminate this Agreement or suspend further deliveries under it. Further, should Buyer's financial condition become unsatisfactory to Seller, Seller, in Seller’s sole discretion, may require cash payment or security satisfactory to Seller for future deliveries. Any action taken pursuant to this paragraph shall be without prejudice to any other rights and remedies Seller may have.

8. INTEREST on late PAYMENTS

Interest shall accrue on all sums due or found to be due under this Agreement at the lower of the rate of 18% per annum or the maximum rate then permitted by applicable law, until such sums are paid.

9. EXCUSE of performance

Seller shall not be liable to Buyer for any delay in performance or nonperformance that is caused in whole or part by an event or circumstance beyond Seller’s reasonable control, including, but not limited to, fire, flood, accident, labor trouble, strike, lockout or injunction, compliance with governmental requests, laws, regulations, orders or actions, riot, sabotage, or war. The quantity of goods so effected may be eliminated from this Agreement, but this Agreement otherwise shall not be effected.

10. LIMITED warranty

SATIN AMERICAN warrants to the original purchaser that any part of the commodity purchased excluding documentation and similar items will be free of defects in workmanship and materials for the period of your warranty from the date of delivery. During the warranty period, SATIN AMERICAN will, at its option: (1) provide replacement parts necessary to repair the product; (2) replace the product with a comparable product; or (3) refund the amount you paid for the product upon its return. Replacement parts or products will be new or serviceably used, comparable in function and performance to the original part or product, and warranted for the longer of thirty days for the US or the remainder of the warranty period. Any additional purchases or upgrades will not extend this warranty.

This product warranty covers normal use only. This product warranty does not cover damage caused during shipment and any damage caused by: actions that are beyond SATIN AMERICAN' control, including without limitation, impacts, fluids, fire, flood, wind, earthquake, lightning or similar disaster, war, lockout, epidemic, destruction of production facilities, riot, insurrection, or material unavailability; unauthorized modifications, attachments or peripherals; improper use, environment, installation or electrical supply; improper maintenance; any other misuse, abuse or mishandling.

EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS AGREEMENT, SATIN AMERICAN Supply Company, LLC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT. SATIN AMERICAN'S AND YOUR MAXIMUM LIABILITY TO THE OTHER IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS OR SERVICES PLUS INTEREST AS ALLOWED UNDER THE APPLICABLE LAW. NEITHER YOU NOR SATIN AMERICAN, LLC WILL BE LIABLE TO THE OTHER FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, “DOWN TIME”, PURCHASER’S TIME, LOSS OF USE OF RELATED EQUIPMENT, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), ABSOLUTE OR STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER THE APPLICABLE LAW. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

11. INSPECTION & claims

Within 10 days after receipt of each delivery of the goods, Buyer shall examine the goods for any damage, defect or shortage. All claims for any cause whatsoever (whether based in contract, negligence, strict liability, other tort or otherwise) shall be deemed waived unless made in writing and received by Seller within 30 days after Buyer's receipt of the goods with respect to which the claim is made, or, if the claim is for non-delivery of goods, within 45 days after the date upon which the goods were to be delivered. Buyer’s failure give written notice of any such claim within the applicable time period shall be deemed an absolute and unconditional waiver by Buyer of such claim.

12. LIMITATION of liability

Buyer's exclusive remedy with respect to any claim concerning this Agreement or any goods sold pursuant to this Agreement shall be for damages. Seller's liability with respect to any claim concerning the goods shall not exceed the purchase price of the particular goods with respect to which the claim is made, or, at Seller's option, the repair or replacement of those goods. These amounts are agreed upon as liquidated damages and not as penalties. It is intended and expressly agreed that the purpose of the preceding provisions is to set upper limits to the amount recoverable by Buyer. These liability limitations shall apply whether the claim is based in contract, negligence, strict liability, other tort, or any other cause. In no event shall Seller be liable for indirect, special, incidental, consequential or punitive damages, even if it has been advised of the possibility of such damages. Further, Seller shall not be required to pay transportation charges for the return of any goods unless Seller authorizes such return in advance. If Buyer desires that Seller assume a greater liability than what is provided for in this paragraph, Seller will amend this Agreement by attaching an addendum setting forth the additional liability and an additional amount to be paid by Buyer for Seller’s assumption of that additional liability. No such amendment shall be effective unless signed by Buyer and Seller. Seller is not an insurer, and nothing in such addendum shall be construed to hold Seller as an insurer. No suit shall be brought against Seller more than one (1) year from the date the cause of action accrues.

13. PRODUCT descriptions

SATIN AMERICAN attempts to be as accurate as possible. However, SATIN AMERICAN does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by SATIN AMERICAN itself is not as described, your sole remedy is to return it in unused condition.

14. PRICING

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

With respect to items sold by SATIN AMERICAN, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

15. THIRD PARTY claims

Buyer shall indemnify, hold harmless and defend Seller for, from and against any and all damages, expenses, costs and attorney fees arising from any demand, claim, allegation or lawsuit made or filed by or on behalf of any third party concerning the goods (whether based in contract, negligence, strict liability, other tort or any other cause), including, but not limited to, any demand, claim, allegation or lawsuit concerning the failure of the goods in any respect.

16. ASSIGNMENT

Buyer shall not assign (by operation of law or otherwise) its rights or delegate its performance under this Agreement to anyone without Seller’s prior written consent. Any attempted assignment or delegation without such consent shall be void.

17. ATTORNY’S FEES & costs

Buyer shall pay to Seller all reasonable attorneys' fees, costs and expenses incurred by Seller in collecting any amounts due with respect to the goods sold under this Agreement or in otherwise enforcing Seller’s rights under this Agreement, whether or not by prosecution of a claim against Buyer in an action at law.

18. CHOICE of law & FORUM

THIS AGREEMENT, AND THE APPLICATION AND INTERPRETATION OF THE TERMS OF THIS AGREEMENT, SHALL BE GOVERNED EXCLUSIVELY BY THE TERMS OF THIS AGREEMENT AND BY THE LAWS OF THE STATE OF CALIFORNIA AND APPLICABLE FEDERAL LAW OF THE UNITED STATES, EXCLUDING ANY CONFLICT-OF-LAWS PRINCIPLE THAT MIGHT REFER THE GOVERNANCE OF THIS AGREEMENT OR THE PARTIES’ RELATIONS WITH EACH OTHER TO THE LAW OF ANOTHER JURISDICTION. BUYER AGREES AND CONSENTS TO THE JURISDICTION OF THE STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, AND OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA AND ACKNOWLEDGES THAT SUCH COURTS SHALL CONSTITUTE PROPER AND CONVENIENT FORUMS FOR THE RESOLUTION OF ANY ACTION AMONG BUYER AND SELLER WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND AGREES THAT SUCH COURTS SHALL BE THE SOLE AND EXCLUSIVE FORUMS FOR THE RESOLUTION OF ANY ACTIONS AMONG BUYER AND SELLER WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT.

warranty

SATIN AMERICAN warrants to the original purchaser that any part of the commodity purchased excluding documentation and similar items will be free of defects in workmanship and materials for the period of your warranty from the date of delivery. During the warranty period, SATIN AMERICAN will, at its option: (1) provide replacement parts necessary to repair the product; (2) replace the product with a comparable product; or (3) refund the amount you paid for the product upon its return. Replacement parts or products will be new or serviceably used, comparable in function and performance to the original part or product, and warranted for the longer of thirty days for the US or the remainder of the warranty period. Any additional purchases or upgrades will not extend this warranty.

This product warranty covers normal use only. This product warranty does not cover damage caused during shipment and any damage caused by: actions that are beyond SATIN AMERICAN'S control, including without limitation, impacts, fluids, fire, flood, wind, earthquake, lightning or similar disaster, war, lockout, epidemic, destruction of production facilities, riot, insurrection, or material unavailability; unauthorized modifications, attachments or peripherals; improper use, environment, installation or electrical supply; improper maintenance; any other misuse, abuse or mishandling.

EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS AGREEMENT, SATIN AMERICAN DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT. SATIN AMERICAN'S AND YOUR MAXIMUM LIABILITY TO THE OTHER IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS OR SERVICES PLUS INTEREST AS ALLOWED UNDER THE APPLICABLE LAW. NEITHER YOU NOR SATIN AMERICAN WILL BE LIABLE TO THE OTHER FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, “DOWN TIME”, PURCHASER’S TIME, LOSS OF USE OF RELATED EQUIPMENT, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), ABSOLUTE OR STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER THE APPLICABLE LAW. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

30-day Money Back guarantee

In addition to the standard warranty, SATIN AMERICAN offers a 30-day money back guarantee on every commodity. If you are not satisfied with your merchandise, you may return it within 30 days for a refund. The refund will only be issued for the amount of the sale and will not include shipping costs. All products will be subject to a 25% restocking fee. To return merchandise, you must obtain an RGA number. Please call the SATIN AMERICAN customer service department and provide the invoice number, item description, and part number(s) of the merchandise you wish to return. Returned merchandise must be placed in original packaging, and include any product manuals and other accessories, as per original shipment by SATIN AMERICAN.

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