The following are the terms and conditions ("Terms and Conditions") for the sale of products ("Products") by Mounts.com, DBA of Progressive Marketing Products. ("Mounts.com") to Mounts.com customers ("Customers"). Please read this agreement carefully. Any different or additional terms set forth in customer's purchase order or similar communication are objected to and shall not be binding on the company unless a separate agreement has been signed by an authorized officer of the company. By placing an order for products from the company, or by accepting delivery of the products described on the applicable packing slip, bill of lading and/or invoice received with the products, you agree to be bound by and accept these terms and conditions of sale.
1. ACCEPTANCE AND CANCELLATION OF ORDERS
All orders are subject to acceptance by Mounts.com; any written acknowledgement of receipt of an order shall not, in and of itself, constitute such acceptance. Orders accepted and processed by Mounts.com may not be cancelled by customer unless the return policy process is followed (see item #2).
All sales are final on any special orders, custom orders, orders for non-standard products, products not customarily in stock or orders for value-added products.
In the event of cancellation or other withdrawal of an order for any reason and without limiting any other remedy which Mounts.com may have as a result of such cancellation or other withdrawal, reasonable cancellation or restocking charges, which shall include all expenses then incurred and commitments made by Mounts.com, shall be paid by Customer to Mounts.com. Customer requests to reschedule are subject to acceptance by Mounts.com in its sole discretion. Orders may not be rescheduled after the order has been submitted by Mounts.com to the shipment carrier.
2. Return Policy
ALL PRODUCTS RETURNED TO MOUNTS.COM MUST BE RETURNED IN NEW CONDITION, IN THE ORIGINAL CARTON WITH ORIGINAL PACKAGING:
All returns require prior authorization and a Return Authorization Number (RMA #). This can be obtained by calling our Customer Care Department.
Note: Custom made product or any special order product made for a specific customer, including OEM/private label product, is not eligible for return.
Defective product or product received incorrectly due to an error on Mounts.com part will be credited to your account in full or replacement product shipped to you.
All product returns will be inspected for signs of use and missing contents, such as components, hardware & installation manual. Product must be in New Condition & Suitable for Resale to be eligible for credit back to your account. All returns will incur a restocking fee as outlined below.
00 - 30 Days from Invoice - 10% Restocking Fee
31 - 60 Days from Invoice - 15% Restocking Fee
61 - 90 Days from Invoice - 20% Restocking Fee
NUMBER OF DAYS IS CALCULATED FROM THE DATE MOUNTS.COM INVOICED RESELLER FOR THE PRODUCT.
RETURN REQUESTS WILL NOT BE APPROVED AFTER 90 DAYS FROM DATE OF INVOICE.
AN RMA NUMBER IS VALID FOR 45 DAYS:
Unless specified in a separate agreement, products must be returned within 45 days of issuance of the Return Authorization Number (RMA #).
ALL RETURNS ARE TO BE SUITABLE FOR RESALE, NOT DAMAGED, SCRATCHED OR MARKED IN ANY WAY:
Mounts.com reserves the right to impose a repackaging charge when products are returned damaged and cannot be directly resold. Products that are returned severely damaged may be rejected and therefore will not qualify for any type of return credit.
CUSTOMER IS RESPONSIBLE FOR ALL RELATED SHIPPING CHARGES BACK TO MOUNTS.COM RETURN CENTER.
FREIGHT DAMAGED GOODS:
Upon acceptance of a shipment, it is your responsibility to open the package(s) immediately and report any damage AND file a claim with the freight company. Once a product leaves our warehouse it is the responsibility of the purchaser.
OBVIOUS FREIGHT DAMAGE:
If a shipment is received with obvious freight damage or the carton is obviously damaged, REFUSE the package(s) and contact us immediately to allow us to supply you with a replacement. The replacement item(s) will be charged to you. Any reimbursement from the original product order should be settled with the freight company. If you accept a package with obvious damage, Mounts.com will supply you with a replacement at your cost, but it is again your responsibility to report any damage to the freight company.
CONCEALED FREIGHT DAMAGE:
If a shipment is received with concealed freight damage, notify Mounts.com and the freight company immediately. It is your responsibility to file a claim with the freight company. Keep the product in the original carton. If the concealed damage is not reported to the carrier and Mounts.com immediately, there is no recourse. The above steps must be taken on all shipments with damage whether Mounts.com ships to you or your customer.
When you place your order with us, you agree to the price and terms indicated on this website. All prices, pictures, and descriptions on this website are subject to change. Price differences related to future or past prices in our store or any other store are not refundable. Contact us within 30 days if you feel there are any price or promotion discrepancies on your order.
Orders are billed at the prices (in US dollars) in effect at the time of shipment. Prices will be as specified by Mounts.com as seen on the website. The website contains the most current pricing and is the price reference for orders.
4. TERMS OF PAYMENT
All payments must be in US Dollars. MasterCard, VISA, Discover, and American Express credit cards, purchase cards and major bank debit cards are accepted. Please note that the billing address provided must match the billing address on file with your financial institution. We reserve the right to cancel your order without notification in the case of failed credit card authorization. It is your responsibility to settle any and all authorization matters with the issuing institution.
5. SALES TAX
Mounts.com currently only charges sales tax for orders billed in the state of California. Any sales tax due that is not collected by Mounts.com is the responsibility of the customer.
6. SHIPPING CHARGES
Mounts.com charges at flat shipping rate of 10% of your order total before tax. As with all prices on the site, shipping prices are subject to change. Contact us within 30 days if you feel there are any price or promotion discrepancies on your order.
7. DELIVERY AND TITLE
Shipping or freight charges will be paid by the customer. Subject to Mounts.com's right of stoppage in transit, delivery of the Products to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer. Mounts.com will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer's requested delivery date(s). Customer acknowledges that delivery dates provided by Mounts.com are estimates only and that Mounts.com will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by Mounts.com unless specifically designated by Customer. Mounts.com reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s). Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve Customer of the obligation to accept delivery and pay for the Products delivered.
8. Damaged Items
Please refuse delivery of any order arriving with obvious shipping damage. If you find shipping damages after the delivery has been accepted contact us immediately. Save all packaging material and paperwork for your order in the case of any shipping damage. Disposed of packaging material and attempts to return merchandise without first contacting the fulfiller may result in forfeiting credit for your return. In the interest of all parties, please follow the proper steps to limit jeopardy to claims.
9. LIMITATION OF LIABILITIES
In no event shall Mounts.com be liable for any special, incidental or consequential damages of any nature including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installations or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Customer's recovery from Mounts.com for any claim shall not exceed the purchase price paid by Customer for the goods, irrespective of the nature of the claim, whether in warrant, contract or otherwise. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD MOUNTS.COM HARMLESS FROM ANY CLAIMS brought by any party regarding products supplied by Mounts.com and incorporated into the customer's product.
10 STATEMENTS AND ADVICE
If statements or advice, technical or otherwise, are offered or given to Customer, such statements or advice will be deemed to be given as an accommodation to Customer and without charge and Mounts.com shall have no responsibility or liability for the content or use of such statements or advice.
The Terms and Conditions may not be modified or cancelled without Mounts.com’s written agreement. Accordingly, goods furnished and services rendered by Mounts.com are sold only on the terms and conditions stated herein. The Terms and Conditions will be governed by and construed in accordance with the laws of the State of California and the applicable laws of the United States of America. If Customer chooses to access the Mounts.com website from outside the United States, Customer does so on their own initiative and is responsible for compliance with all applicable local laws.
12. INTELLECTUAL PROPERTY
The drawings, text, product depictions, logos, content, product descriptions, and organization and taxonomy of the Mounts.com website and of the described content within website are proprietary to Mounts.com and protected by intellectual property laws, including but not limited to United States Copyright law and United States Trademark law. Mounts.com owns copyrights in these referenced works as well as the selection, arrangement, coordination and structure of the arranged content and works within their website. Use of the website does not give you any right to modify, reproduce, transmit, publish, publicly display, adapt, or create derivative works or in any way exploit any of the materials and content of the Mounts.com website.