1. Payment Terms
Internet Sales: Advertised prices are in U.S. dollars and exclude shipping, handling and taxes unless otherwise noted. You are responsible for paying all taxes associated with your order. In most instances, TM Designs does NOT charge sales tax UNLESS your order is shipped to an address within the state of New Jersey. New Jersey State law requires that we charge sales tax on the full amount of the order, not including shipping, if shipped within the state of New Jersey. All shipments to New Jersey addresses are charged sales tax at the rate of 7%. TM Designs may change prices without notice to you before TM Designs enters your order and may modify and substitute components without notice to you prior to shipping. Payment is due at the time of order.
Distributor Sales: TM Designs makes its locker shelf product available through independent distributors. Prices, payment terms and sales tax collection is the responsibility of each distributor, and TM Designs has no control over the policies of its distributors.
2. Shipping and Title
Internet Sales: TM Designs will arrange to ship the locker shelf product to you. Title and risk of loss to products pass to you when TM Designs’ designated shipper delivers products to the address you specify. You must notify TM Designs of damaged or missing items from your order within five (5) days after you receive your product.
3. Product Limited Warranty
TM Designs warrants that the locker shelf product will be free from defects in materials and workmanship for one year from the date of shipment. If within one year from the date of date of shipment, the locker shelf product fails due to a defect in materials or workmanship, TM Designs, at its option will (a) repair or replace it free of charge, or (b) refund the amount you paid for the locker shelf product. The warranty does not apply to:
(a) Damage caused by accident, abuse, mishandling or dropping; or
(b) Use of a locker shelf product for any purpose other than as a storage shelf in a school locker, in accordance with the directions for use.
This warranty service is available by mailing the locker shelf product, postage prepaid, to TM Designs at P.O. Box 69 Kendall Park, NJ 08824. Please be sure to wrap the product securely when mailing to avoid damage.
THIS LIMITED WARRANTY DOES NOT COVER MISUSE OR MINOR IMPERFECTIONS WITHIN DESIGN SPECIFICATIONS OR WHICH DO NOT MATERIALLY ALTER FUNCTIONALITY. TM DESIGNS DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, UNAUTHORIZED SERVICE OR PARTS, OR THE COMBINATION OF THE LOCKER SHELF PRODUCT WITH OTHER PRODUCTS.
4. Disclaimer of Warranties; Limitation of Liability
TM DESIGNS’ MAXIMUM LIABILITY TO YOU IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR THE LOCKER SHELF PRODUCT PLUS INTEREST AS ALLOWED BY LAW. TM DESIGNS IS NOT LIABLE TO YOU IF TM DESIGNS IS UNABLE TO PERFORM DUE TO EVENTS TM DESIGNS IS NOT ABLE TO CONTROL, SUCH AS ACTS OF GOD, OR FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
5. Applicable Law
6. Dispute Resolution
8. Blog Postings, etc.
Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- 2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- 3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- 4. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming“), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- 5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- 6. Impersonates any person or entity, including any of our employees or representatives.
You also acknowledge that content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with TM Designs . We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized TM Designs spokesperson speaking in his/her official capacity.