Terms & Conditions
TERMS AND CONDITIONS OF All SALES
THROUGH
AUTOMATIC GATE WHOLESALERS or AGW
PRICE MATCH POLICY
We offer "Price Match" to our customers. We will make every reasonable effort to match a legitimate, Internet advertised price upon receipt of written proof that the price is available. The price match will take into account the following:
- Shipping and handling charges
- Source verification
- Sales Tax
- Item Availability
- Live customer support
The "Price Match" program is not intended to be a guarantee that we will be able to match or beat all prices. Some companies will choose to sell a product at or below cost. In the event that this occurs, we will notify you that we regret we cannot match this particular price.
TERMS AND CONDITIONS OF SALE
Prices and merchandise are subject to change without notice. Order by phone/fax/email/US Mail. All major credit cards accepted plus money orders, business checks, and Personal checks; add 10 business days processing for all checks. All prices are plus shipping and handling unless otherwise indicated. CA residents add 8.25% sales tax. All transactions are calculated in U.S. Dollars.
RETURN POLICY
Please read carefully! We want you to be a satisfied customer and we will deal promptly with any returns. We honor all factory warranties. Return shipping is not covered. The original purchaser has a period of 30-days to return any purchases for a refund, less shipping, handling, charge card fees, and restocking fees of up to 25%, provided the merchandise is in new, resalable condition and returned in the original, undamaged packaging. Customer is responsible for return freight to us as well as the original freight costs, regardless of the original freight paid by the company. It is the customer's responsibility to fully inspect all merchandise they receive, UPON RECEIPT, to confirm that the correct product and quantity was shipped. Upon receipt and signing for the product customer verifies that the shipment was correct unless otherwise noted. Customer has 30-days to notify Automatic Gate Wholesalers if there was a problem with their shipment. It is the customer's ultimate responsibility to order the correct equipment for their needs, AGW and it's employees are not responsible for for the customer's final choice in equipment.
All returns require a "RGA" -- "Returned Goods Authorization." All warranty books, instructions manuals, parts and accessories must be included as well as the original box in which the item was shipped, and must arrive to AGW in resalable condition to receive. To protect the original factory carton from any additional shipping damage, please place it inside another carton for return shipping. Returns of items will require a re-stock fee of 25% as imposed by Automatic Gate Wholesalers.... Used items may not be returned. Acceptance of merchandise is final. The manufacturer handles all warranty issues and defective merchandise. Refunds are issued by check 14 days after return, or credited to the account used to charge merchandise once approved.
There are no returns on "custom built gates" customer is responsible for providing accurate measurements and to sign off on gate plans. AGW is a wholesaler and does not provide installation services.
Return Policy Procedure
In order for Automatic Gate Wholesalers to provide you with proper assistance please follow these simple return instructions:
(1) - Call the manufacturer's Tech Support to determine the warranty period. Provide the make, model and serial number, and ask for the technician's name, diagnosis, and recommendation.
(2) - Call Automatic Gate Wholesalers with this information so we can order the replacement part for you. Pay for the replacement part first, then you will be refunded after you return the non-working part, or simply return the non-working part first, then be sent a replacement part.
(3) - Automatic Gate Wholesalers will give you a specific Return Goods Authorization Number (or RGA) and shipping address. Non-working parts must be returned in order for you to receive credit. (Shipping costs are paid for by the Customer unless specifically covered by the manufacturer.)
(4) A 3% fee will be charged to ALL credit card returns to cover the the charges to AGW by the bank.
AVAILABLE SHIPPING METHODS
Most orders will be shipped via UPS Ground. Larger items are shipped by common carrier. Priority shipping like UPS Next Day, Second Day & Three Day Express, is available for UPS shipping only, not available in instances where UPS is not available. All "in stock" orders received by 12:00 PM, PST (Pacific Standard Time) within the United States will be shipped the same day. UPS ground takes 3 to 7 business days,
1 to 2 business days in California; International shipping is available to most countries. All items listed are "in-stock" items, with no long delays in receiving your merchandise, however, some special order items or common carrier items may require longer delivery time.
SHIPPING TIMES
We download and receive orders during our regular business hours (Monday through Friday 7am-4pm PST) Sometime a few delays occur because when we put a product online we try to include all the appropriate accessories. Most items will ship from us; some will ship directly from our suppliers to you. You may receive two or three packages to complete a large order. There will not be any additional shipping charges because of multiple deliveries). Special orders may take up to 2 to 4-weeks depending upon the stock of our suppliers/manufacturers.
TRANSPORTATION CHARGES MUST BE PREPAID
Larger items (over 100 lbs or on a pallet) must be shipped by common carrier (truck).
If the item is being shipped to a residential location, a residential delivery charge may apply and is the responsibility of the customer. This includes an order being shipped to a "business" that is being operated from a residence.
All truck ship items are "Tail-Gate Delivery Only. Customer is responsible for unloading the item(s) from the truck.
INSTALLLATION
AGW recommends professional installation for all Automatic Gate Equipment and is not responsible for any equipment that was installed improperly, or any injuries as a result of improperly installed or defective equipment, please refer to and read any and all of the owner's Manuals for before starting any gate project.
PRIVACY STATEMENT
Anytime you visit a site on the internet the host server temporarily records certain information about you. The address of your internet service provider (AOL, MSN, etc), which pages you visited, the time of your visit. This information is not requested by us and we cannot stop it from occurring. The server needs the information in order to transmit the pages you wish to view to your computer. We do NOT, however, keep, record, or even look at that information except in the case of credit card fraud. After a time, 30-60 days, your information scrolls off the server and is gone. This will happen at every site you visit on the internet. If you order a product on our site then the information you provide is printed by us and used to process your order. It is only kept for the period of time required by the IRS.
MAILING LISTS AND CUSTOMER INFORMATION
Any personal information, including email address, business address and/or telephone number will not be sold or distributed to any outside parties. The information provided is used exclusively by Automatic Gate Wholesalers. in order to better serve our customer's needs. To unsubscribe from any Mail or fax list please see the information below.
HYPERTEXT LINKS
This Site may be linked to other sites which are not maintained by Automatic Gate Wholesalers. AGW is not responsible for the content of those sites.
COPYRIGHT
All materials contained within this site are subject to ownership rights of Automatic Gate Wholesalers. except that material which is already subject to the ownership rights of the manufacturers of the products herein.
STATISTICAL TRACKING
Automatic Gate Wholesalers collects from site visitors, various types of information. This information includes IP address, pages viewed, length of time spent on the site, and pages accessed during their stay. That information is used internally for the purpose of improving the content of our web site.
COOKIES
Our shopping cart (as with all the others of which we are aware) uses "cookies" to track your progress through our site and identify you with the products you may order. If you have your browser set to refuse "cookies" you cannot order online at our site. Some large corporations (using lan networks) prevent "cookies" from being set so if you are using a computer hooked up to a lan network the cart may not work.
USE OF THE INFORMATION COLLECTED
Automatic Gate Wholesalers uses the information that is collected from users of the site to notify customers of changes, sales and specials via email. At no time will any of this information be distributed to any outside agency for any reason. Information compiled may be used for any lawful, legitimate business purpose of Automatic Gate Wholesalers.
UN-SUBSCRIPTION TO EMAIL ADS
Visitors can unsubscribe to email advertisements simply by filling out our "contact us" form and entering "remove" into the message field. Visitors can fax a request to be removed from the advertisement list to
SECURITY POLICY
Automatic Gate Wholesalers places the utmost importance on protecting information transmitted via the Site and will take security precautions to protect all such information. Automatic Gate Wholesalers will take measures to secure and protect all customer-specific information from loss, misuse, and alteration.
I. ONLINE CONDUCT
User agrees to use Automatic Gate Wholesalers Site only for lawful purposes. User is prohibited from posting on or transmitting through the Automatic Gate Wholesalers Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If Automatic Gate Wholesalers is notified of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on the Automatic Gate Wholesalers Site (collectively "Content") provided by User (e.g., through an author chat or online review) that is allegedly infringing, defamatory, damaging, illegal, or offensive, Automatic Gate Wholesalers may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Automatic Gate Wholesalers Site.Automatic Gate Wholesalers may disclose atAutomatic Gate Wholesalers in Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Automatic Gate Wholesalers Site; or (iii) to protect the rights or property of Automatic Gate Wholesalers and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, "Automatic Gate Wholesalers Providers") and any other User.
Automatic Gate Wholesalers reserves the right to prohibit or restrict conduct, communication, or Content that Automatic Gate Wholesalers deems in its sole discretion to be harmful to Users ofAutomatic Gate Wholesalers affiliates, the Automatic Gate Wholesalers Site, the communities that make up the Automatic Gate Wholesalers Site, or any third party, or to violate any applicable law. Notwithstanding the foregoing, Automatic Gate Wholesalers Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no Automatic Gate Wholesalers Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content of any third party on the Automatic Gate Wholesalers Site.
II. LICENSES AND RESTRICTIONS
Automatic Gate Wholesalers grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Automatic Gate Wholesalers of the Automatic Gate Wholesalers Site. Automatic Gate Wholesalers further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the home page of Automatic Gate Wholesalers so long as the link does not portray Automatic Gate Wholesalers, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
The foregoing licenses do not include any rights to:
- modify, download (other than page caching), reproduce, copy, or resell the Automatic Gate Wholesalers Site, the Content or any portion or derivative thereof;
- commercially use the Automatic Gate Wholesalers Site, the Content or any portion derivative thereof (unless User has a business relationship with Automatic Gate Wholesalers);
- copy or download any User's account information for the benefit of any third party;
- enable high volume, automated, electronic processes that apply to the agw.net Site or its systems;
- use any robot, spider, data miner, scraper or other automated means to access the agw.net Site or its systems for any purpose
- interfere or attempt to interfere with the proper working of the agw.net Site;
- bypass any agw.net measures used to prevent or restrict access to any portion of the agw.net Site;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of agw.net;
- use agw.net name, trademarks, services marks or logos in any meta tags or any other "hidden text" or
- Compile, repackage, disseminate or otherwise use data extracted from the agw.net Site.
AGW Perform Preforemed Loops, AGW Magnum Wheels, AGW Square PVC Arms, AGW Square Arm Adaptor, AGW Lock Guard,
IV. CONTENT
Proprietary Rights
User acknowledges that the agw.net Site contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and agw.net owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Submission of Third-Party Content
Except as set forth in the paragraph headed "Proprietary Rights" above, User may upload to or otherwise submit to agw.net for distribution on the agw.net Site only (i) Content that is not subject to any copyright or other proprietary rights restrictions; (ii) Content in which the owner or licensor has given express authorization for agw.net to distribute over the Internet; or (iii) Content that does not contain any viruses, scripts, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information ("Harmful Content"). Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." agw.net is entitled to presume that all submitted Content conforms with the foregoing requirements. The unauthorized submission of copyrighted or other proprietary Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of Harmful Content. No agw.net Provider will assume any liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User submission including without limitation submission of Harmful Content. In accordance with the Digital Millennium Copyright Act, any User or other person can report an infringement to agw.net at mailto:corrections@barnesandnoble.com. By submitting Content to any User-submit areas, including, without limitation: User automatically grants, or represents and warrants that the owner or authorized licensor of such Content has expressly granted agw.net the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate such Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. Subject to this grant, the licensor of Content submitted to agw.net retains any and all rights which may exist in such Content.
Third-Party Content
h4agw.net is a distributor and manufacturers Content supplied by third parties and Users. agw.net has no more editorial control over such Content than does a public library or newsstand in the United States. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of agw.net or agw.net Provider, unless expressly stated otherwise. Neither agw.net nor any agw.net Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content available through the agw.net Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either agw.net any agw.net Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the agw.net Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through the agw.net Site.
VI. PRICES
The price for an item on the agw.net Site may differ from the price shown in a User's shopping cart -- it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the agw.net Site. If the price for the item on the agw.net Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of agw.net, agw.net may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.
VII. RISK OF LOSS
The risk of loss and title for all items purchased via the agw.net Site pass to the User upon delivery of the item to the carrier.
VIII. PRODUCT DESCRIPTION
The items offered for sale on the agw.net contain descriptions that are provided directly by the publisher, manufacturer or distributor of such item. agw.net does not represent or warrant that the description of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM AGW.NET THAT IS NOT AS DESCRIBED ON THE AGW.NET SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE IN ACCORDANCE TO AGW'S REFUND POLICY.
IX. AGE OF USERS
agw.net does not intend the agw.net Site to be used by individuals under the age of 18 (a "Minor") without the supervision of a parent or guardian 18 years of age or older (a "Guardianagw.net relies upon Guardians to determine if any Content or items available on the agw.net Site is appropriate for the viewing, access or purchase by such Minors. If a User is a Minor, such Minor may use the agw.net Site only under the supervision of Guardian.
X. TERMINATION OF USAGE
agw.net may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the agw.net Site including any account thereon, without notice, for any reason in agw.net's sole discretion, including without limitation agw.net's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, agw.net.
In cases which agw.net deems in its sole discretion to be egregious, agw.net may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the agw.net Site has been terminated including the right use, access or create any account thereon; (ii) that agw.net refuses to provide any services to such Restricted User; and (iii) any subsequent dealings with agw.net will be subject to the following conditions:
- Orders placed by a Restricted User ("Restricted Order") after the effective date specified in the Restriction Notice (the "Restriction Effective Date") shall be subject to cancellation.
- agw.net will assess the Restricted User an administrative fee (the "Administrative Fee") set forth in the Restriction Notice for each Restricted Order submitted by the Restricted User after the Restriction Effective Date, regardless of whether the Restricted Order was fulfilled or cancelled. The Administrative Fee will equal an amount not less than $5.00 and will reflect the costs of handling any Restricted Order and of handling any personal or telephonic contact made by the Restricted User after the Restriction Effective Date.
- agw.net shall be entitled to (1) charge the Administrative Fee against the payment method either used by the Restricted User to place the Restricted Order or stored by the Restricted User in the unauthorized account (e.g., credit card or ) or (2) seek a judgment against the Restricted User for payment thereof.
Other conditions may apply and shall be set forth in the Restriction Notice.
User agrees that agw.net shall be entitled to assess such Administrative Fee, to charge such payment method and to seek such judgment.
XI. INDEMNITY
User agrees to indemnify and hold each agw.net Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's breach of the Terms of Use or User's violation of any law or the rights of a third party.
XII. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the agw.net Site is responsible for (i) keeping his or her account password confidential and secured, (ii) restricting access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her agw.net account using an old e-mail address, such User will not receive messages from agw.net about his or her orders and inquiries or other matters).
User accepts full responsibility for all activities that occur within such User's agw.net account.
XIII. NOTICES
User consents to receive electronic communications from agw.net, whether addressed to the e-mail address associated with such User's agw.net account or posted on the agw.net Site. User acknowledges and agrees that any communication via e-mail or by postings on this agw.net Site satisfies any legal requirement that such communications be made in writing.
XIV. DISCLAIMERS AND LIMITATION OF LIABILITY
THE AGW.NET SITE IS PROVIDED BY AGW.NET COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH AGW.NET PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO AGW.NET PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE AGW.NET SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE AGW.NET SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE AGW.NET SITE; OR (IV) THAT THE AGW.NET SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF AGW.NET ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
AGW.NET DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE AGW.NET SITE OR ANY RELATED SERVICES. THE OPERATION OF THE AGW.NET SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF AGW.NET.
