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Terms and Conditions

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


1. Delivery dates are approximate subject to normal variations customary in the industry and unforeseen delays. Seller shall not be liable to Customer for any delay which is directly or indirectly the result of any cause beyond Seller's reasonable control, including without limitation, fire, flood, accident, civil unrest, acts of God, war, governmental interference, labor difficulties, disruption in materials or supplies, actions or omissions of suppliers or vendors, or transportation delays.


2. Full risk of loss and title passes to the Customer upon delivery of the merchandise to a carrier at the F.O.B. point. Claims for loss or damage in shipment must be made directly to the carrier. Upon Customer's default in payment, seller may at its option repossess the merchandise.


3. In no event shall Seller be liable for coincidental or consequential damages. Customer agrees that no other remedy (including but not limited to incidental or consequential loss) shall be available to him.


4. Customers may cancel any orders before shipment has been made. Cancellation requests after we have shipped and before customer has received product(s) will be charged freight. The customer must then return the product freight pre-paid with the original packaging unopened to receive a full refund on the goods minus freight. Insuring goods is the customer's responsibility. Request for exchange or credit of non-defective goods after receipt will be charged a restocking fee of 20% minimum within the first 30 days. We do not give refunds. If market prices have dropped then the restocking fee will be higher.


5. All returns under warranty will either be repaired, replaced, or returned to the manufacturer. Please allow approximately 2 to 5 weeks depending on the manufacturer. We recommend that non-OEM parts be returned directly to the manufacturer as this will speed up processing.


6.There are no refunds. Exchanges, and credit are allowed only for defective items within 30 days of invoice. If defective within the 30 day period, they will be replaced with the same item. All items must be in re-salable condition with its original packaging, documentation and accessories included. A restocking fee of of 20% is applicable for all returns and exchanges within 30 days for non-defect items. Unexpected price drops on return items will result in a higher restocking fee. All sales are final after 30 days. Any refund for purchase by check will be delayed until the check clears.


7. All returned checks will be assessed a $25 fee. All late accounts will be charged 2% per month. Customer agrees to pay all costs including attorney's and collection fees for delinquent accounts. Any dispute or legal action from any transactions with CD Solutions will be processed within the jurisdiction of the Miami County Court System in the State of Ohio.


8. All claims regarding shortage, or damage of items must be made within 5 days of receipt of merchandise. All discrepancies must be reported within 5 days of receipt of merchandise.


9. Shipping & service charges are non-refundable and the customer must pay for all return shipments. Some states, such as California and Puerto Rico, may have additional surcharges applied to the order. These are not sales taxes but are additional fees due to a higher cost of doing business in those states.


10. Insuring return items during transit is the responsibility of the customer. Damage of return items to us is the responsibility of the customer. We do not recommend shipping through regular U.S. Mail. We do recommend shipping via UPS or Fed Ex with the appropriate insurance added.


11. When making a warranty claim, you need an RMA Number (Return Merchandise Authorization) along with a copy of your original invoice.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of CD Solutions, Inc.. The collective work includes works that are licensed to CD Solutions, Inc.. Copyright 2003, CD Solutions, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with CD Solutions, Inc. or purchasing CD Solutions, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with CD Solutions, Inc. or to purchase CD Solutions, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by CD Solutions, Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of CD Solutions, Inc. used in the site are trademarks, registered trademarks of CD Solutions, Inc., or used with the permission of the trademark holder.


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, CD Solutions, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. CD Solutions, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. CD Solutions, Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
CD Solutions, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if CD Solutions, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a CD Solutions, Inc. product is mistakenly listed at an incorrect price, CD Solutions, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. CD Solutions, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, CD Solutions, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by CD Solutions, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
CD Solutions, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to CD Solutions, Inc..


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Ohio, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of CD Solutions, Inc. products) shall be in the state or federal courts located in Miami or Montgomery County, Ohio. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of CD Solutions, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. CD Solutions, Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. CD Solutions, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a CD Solutions, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
CD Solutions, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, CD Solutions, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, CD Solutions, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to CD Solutions, Inc. in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless CD Solutions, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, CD Solutions, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with CD Solutions, Inc., CD Solutions, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of CD Solutions, Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, CD Solutions, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). CD Solutions, Inc. utilizes Google Analytics to provide information about how our site was used. Using our site grants permission for information to be transferred to Google Analytics and the Privacy Statements provided on that company's website are incorporated into our site by reference. If you wish to Opt-Out of Google's Analytics please do so here. https://tools.google.com/dlpage/gaoptout/

www.cds.com
1-800-860-2376
Fax: 937-676-2478
P.O. Box 536
100 W. Monument Street
Pleasant Hill, OH 45359
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