4Rails.com Terms of Service - Div of Commercial Finished Metals
PLEASE BE SURE TO READ ALL SECTIONS OF THIS TERMS OF SERVICE AGREEMENT FOR INFORMATION RELATED TO THE PRODUCTS YOU ARE PURCHASING BEFORE COMPLETING YOUR ORDER.
NOTE: 1.0" and 1.5" Oil-Rubbed Bronze and Matte Black Finishes are always custom orders and may require approximately 10-12 working days for fabrication. These items are not eligible for exchange or return.
Although most online orders ship the same or next business day, product stock levels vary and may require additional time for order fulfillment. Usually not more than 7-10 business days. We make every effort to ship all online orders in no more than 10 working days. If an online order requires more than 15 working days to ship, customer will be notified and given the option to cancel with a full-refund. After an order has been fabricated or shipped, there will be no refunds or credit for tubing, special order items, adhesives, custom fabricated items, pre-assembled items such as glass/stemware racks or items with custom,satin or brushed, specialty, plated or coated finishes. This includes but is not limited to ALL products with Oil-Rubbed Bronze, Black, Coppers or Antique Finishes and ALL Satin/Brushed Chrome and Brass products. Tubing finishes are described on our main menu at http://www.4rails.com under "Finishes". All tubing and u-channel are NOT eligible for refund or exchange. Lot orders are not eligible for refund or exchange. Please see "Section 5" for full details.
Variations in Finish (Polished, Brushed, Satin, Powder Coat and Plated)
Finishes for the same or different components and tubing may exhibit variations in tone or hue. The variations are always complementary but will vary depending on the type of material, the process used in finishing and the number of steps used for the specified finish. This is particularly important for straight vs. bent/curved tubing, since curved tubing utilizes material with a heavier wall thickness.
For example, tubing, brackets and components that are made from the same alloy are typically produced by different foundries. Small variations in the alloy composition will result in differences in color and hue. Also, the method used in production (extrusion vs. casting) will impact the look of the finished product. Finally, additional coatings applied to the various products may result in different reflective properties and affect the finished look. These variations are common and to be expected.
If the potential differences in color may be problematic for you, please call to discuss BEFORE you order.Shipments within the U.S.
Deliveries are typically made by UPS for most orders. All shipments are F.O.B. our shipping facilities. If your the UPS driver completed the delivery, then the package's tracking status or a delivery notice should indicate where he/she left the package. Shipments that don't require a signature can be left in a safe place at the driver's discretion. This could include the front porch, side door, back porch, or garage area.
Shipments Outside of the U.S.If the tracking status indicates that your driver completed delivery and obtained a signature, the package might have been signed for by a neighbor or another person at your location. If the driver delivered your shipment to an alternate location, you should have received a UPS InfoNotice that indicates where the shipment was left (for example, a neighbor's house or leasing office). If a signature is required or if there are special instructions for UPS, buyer is responsible for contacting UPS directly in order to make the proper arrangements.
Check with others at your address, or perhaps a neighbor, to see if someone else has picked up the package. You can also check around the entrances of your residence or business for the package, particularly on back porches, bushes, garages, grills, or other places that might protect your package from theft or weather. Note that drivers may also use plastic bags to protect your package from the weather.
If you still cannot locate the package, contact the Commercial Finished Metals and ask us to initiate a trace process with UPS. We will then follow up with you on the progress of your shipment.
The recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders shipped outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient's country. Additional charges for customs clearance must be fulfilled by the recipient; Commercial Finished Metals Corporation has no control over these charges, nor can we predict what they may be.
Customs policies vary widely from country to country; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.
Some deliveries to remote locations in North America may require special delivery options for which you will incur extra charges. In the event that your delivery location is in one of these areas, you will be notified by email of the additional delivery charge and given the option to pay the additional charge or cancel the order with a full refund. Such charges are in addition to potential customs and duty charges.
OVERVIEW
This website is operated by 4Rails.com. Throughout the site, the terms “we”, “us” and “our” refer to 4Rails.com. 4Rails.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS, SERVICES, ORDERS & RETURNS
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy below.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We may review illustrations, plans and other information, as a courtesy only, in order provide a quotation and/or to assist prospective and existing customers in developing a bill of materials. However, it is the responsibility of customer to review the bill of materials of an order to ensure proper quantities, sizing, finishes and items have been included and are suitable for the intended application. Customer is responsible for all aspects of assembly, including but not limited to the proper fit of components during installation. It is important that customer notify us immediately, if a purchased component does not assemble as expected. Any damage caused by trying to assemble misfitting parts is the responsibility of buyer.
All products offered for purchase, including but not limited to brackets, elbows, hooks, end caps and posts are based on current inventory and may differ slightly in look and dimensions from illustrations provided or displayed on our website. All stock specifications are nominal and actual dimensions may vary slightly by lot. Components which are available in brass only may be nickel-plated or chrome-plated and brushed where satin or brushed stainless steel has been specified. The terms “Brushed" and "Satin" are considered equivalent and used interchangeably. Descriptions of products that refer to finishes such as Oil-Rubbed Bronze or Matte Black refer to the type of finish applied to the product and may not necessarily refer to the actual metal from which the products are constructed. Length of tubing may be segmented to accommodate shipping requirements. Tubing segmentation assumes that there is no requirement to position brackets at specific points along perimeter of bar face, unless otherwise specifically noted by customer.
We do not accept “time is of the essence” order requirements with respect to fabrication or order delivery. Although most online orders ship the same or next business day, product stock levels vary and may require additional time for order fulfillment. Usually not more than 7-10 business days. We make every effort to ship all online orders in no more than 10 working days. If an online order requires more than 15 working days to ship, customer will be notified and given the option to cancel with a full-refund. S/H charges are NOT carrier specific and we reserve the right to utilize our discretion in shipping carrier selection in order to achieve what we consider to be the "best way" for delivery of our products.
Time-to-ship as described above does not apply to phone orders which will be based upon the specifics of each order placed and the time-frame agreed upon between 4rails.com and customer. All shipments are FOB our factory. Returns are not accepted on custom orders and customer is responsible for entire payment once fabrication begins. Pricing on custom orders is based on lot order and may include charges that reflect set up, material preparation, cutting, reaming, rolling, bending, welding, grinding, polishing, plating and crating. Pricing does not include installation. Material may require on-site trimming by customer during installation unless otherwise noted.
All returns must include a Return Merchandise Authorization Number (RMA#). You can request an RMA# by calling 877-747-2457. Please be specific and include your name, address, email address, phone number and order number when requesting an RMA#.
No returns will be accepted unless pre-authorized and received within 30 days from the original invoice date. Returned merchandise must be in new condition and include all original packaging and mounting hardware, such as screws, if applicable. Items received for credit in damaged condition will be discarded and will not be returned. DO NOT send items for exchange or credit that are not in new condition. Items received that are not eligible for credit or exchange will NOT be returned to sender.
Damaged items or items that have been altered in any fashion cannot be returned for refund, credit or exchange. All returns are subject to a 25% restocking fee and all returned merchandise is subject to visual inspection by Commercial Finished Metals Corporation before credit will be issued.
Special order items, premium finishes, adhesives and tubing. There will be no refunds for tubing, special order items, adhesives, custom fabricated items or items with custom, specialty, plated or coated finishes. This includes but is not limited to ALL products with Oil-Rubbed Bronze, Matte Black, Coppers, Satin/Brushed Brass and all Antique Finishes. All tubing is NOT eligible for refund or exchange regardless of finish.
There are no finish or use warranties on tubing or components for foot rail, hand rail or other applications. There is a 90 day warranty FROM THE DATE OF RECEIPT OF OUR PRODUCT(S) BY PURCHASER against structural defects or defects in craftsmanship that may result in failure of tubing and/or components.
WHAT IS NOT COVERED BY THE 90 DAY WARRANTY AGAINST STRUCTURAL DEFECTS OR DEFECTS IN CRAFTSMANSHIP?
- Consumable parts, such as protective coatings or finishes that may diminish over time or with use.
- Cosmetic damage, including but not limited to scratches, and dents to material or finish.
- Damage caused by abuse, misuse, liquid or moisture, fire, earthquake or other external causes.
- Damage caused during installation or assembly.
- Products that have been modified IN ANY WAY to alter appearance, function or capability.
- Mechanical connections of fittings.
- Normal wear and tear
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall 4Rails.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless 4Rails.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York State.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at customerservice@4rails.com.
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