If you do not agree with this Agreement, do not visit or access the Site and cease all use of the Products. If you do not agree to be bound by this Agreement as published by us from time to time, your sole and exclusive remedy is to discontinue visiting and accessing the Site and discontinuing your use of the Products.
1. Site. The Site is provided for informational purposes only. All content including, but not limited to, all copyrights, trademarks, and service marks on the Site is the sole property of Jenkins, and no licenses or rights are granted, assigned, or transferred in any manner to any other person as a result of accessibility of the Site by the general public.
(a) General. The Products are subject to the Limited Warranty, the Limitations of Liability below and in the Limited Warranty, and the Return and Exchange Policy below. Please feel free to contact us with any questions at [email protected] or 1-800-438-3003.
(b) Payment Terms. Unless otherwise agreed for customers with established credit, all orders must be pre-paid by credit card or wire transfer. All prices are F.O.B. Charlotte, North Carolina. All prices are expressed in U.S. Dollars.
(c) Shipping and Handling. Jenkins uses United Parcel Service (“UPS”) for shipping, which is available for orders with delivery addresses within the United States and U.S. territories, excluding P.O. boxes and rural routes. Fan orders and other small part orders are normally shipped by UPS. The standard shipping and handling charge for most orders is $10.00 per order. Larger orders and items or delivery by any method other than normal UPS ground shipping may incur additional shipping and handling charges. Examples of such other shipping methods which will incur additional charges include, but are not limited to, Priority Mail, Special Delivery, UPS Red, Blue or 3-Day Service, Air Express, collect on delivery, and international shipments.
If you prefer shipping by means other than UPS or the U.S. Postal Service, you will need to provide your account information prior to shipment. All charges and fees will be billed directly to your account or otherwise paid by you prior to shipping.
Any customs, import, or export duties, fees, or other charges related to the shipment of any Products outside the United States are your sole responsibility. These charges and fees are typically due upon your receipt of the Products.
Shipments made after 5:00 p.m. on Monday through Friday or shipments made at any time on Saturday or Sunday at your request will incur an additional surcharge of up to $100.00.
On average, machined fans ship in 3 to 5 business days. Fans can be machined as a rush order for an extra $25.00 expedite fee.
(d) Return and Exchange Policy. Jenkins Electric Company will only accept returns for credit or exchange on any standard catalog item if it is undamaged and in its original packaging and includes a copy of the Jenkins’ invoice for such item. Our stocking fee equal to 10% of the price of the items returned will be charged for all returns. Fans custom machined to nonstandard customer specifications, special order items, items not stocked in normal inventory, and items specifically purchased or manufactured for a customer cannot be returned for credit or exchange. Defective parts or parts requiring corrective machine work are subject to the Limited Warranty referenced above. Shipping and handling charges incurred are not credited or refunded and are your sole responsibility.
(e) Order Cancellation. Jenkins will accept order cancellations for parts that are manufactured by Jenkins which have not been modified in any way prior to cancellation. Cancellation of orders for all other parts and equipment are subject to specific cancellation policies and restocking fees based on the manufacturer. To ask about your ability to cancel an existing order, please contact Jenkins directly at [email protected] or via phone at 1-800-438-3003.
3. Intellectual Property. Jenkins maintains, reserves, and is the sole owner of all proprietary rights regarding Jenkins’ Intellectual Property. For the purpose of this Agreement, the “Intellectual Property” shall include, without limitation, the Site, internet address, source code, any copyrighted works, trademarks, service marks, trade names, logos, trade secrets, designs, trade dress and other brand designations used by Jenkins, patented works, or any other intellectual property of Jenkins related to the Site, the Products or otherwise. You acknowledge that Jenkins owns all right, title, and interest in and to the Intellectual Property. You agree that you will not copy, reproduce, alter, modify, reverse engineer, or create derivative works from the Intellectual Property.
4. Termination of Your Access to the Site. We may limit your access to the Site, or to any part of the Site, at any time our sole discretion.
5. Disclaimers. Your use of the site is it at your own risk. Jenkins is providing the site “as is” without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Jenkins does not guarantee that the site will be safe, secure, or error free. Your use of the products are governed by the documents referenced herein.
6. Limitation of liability. Under no circumstances shall Jenkins be liable for indirect, incidental, special, consequential or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), for any reason. Examples of such reasons include, without limitation, those damages resulting from any aspect of your use of this site or any use of the products, whether the damages arise from use or misuse of the site or any products, from inability to use the site or any products, from the interruption, suspension, modification, alteration, or termination of the site or any products, from any other action taken by Jenkins, or otherwise. The foregoing limitation shall apply regardless of the form of action and whether such action is in contract, breach of warranty, tort, negligence, strict liability,or otherwise. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. In such cases, jenkins’ liability will be limited to the fullest extent permitted by applicable law.
You acknowledge that no data transmission on the Internet can be 100% secure. Consequently, you acknowledge and agree that all information sent to us (including any payment information or personal or confidential information) is done so AT YOUR OWN RISK.
7. Export Controls. Jenkins acknowledges that for national security and foreign policy reasons, the U.S. maintains comprehensive controls and sanctions on the export and re-export of U.S.-origin goods and technology to all destinations around the world. As such, Jenkins reserves the right to refuse fulfillment and shipment of orders that may violate such export control laws.
8. Cooperation with Law Enforcement and Release of Information. Jenkins shall have the right to provide any information provided to it by you and any other information that Jenkins may have about you when necessary in Jenkins’ sole discretion to satisfy any law, regulation, governmental or judicial request, or to protect Jenkins or its employees, officers, directors, shareholders, agents, employees, or representatives regardless of whether such information is confidential, private, or otherwise protected in any manner under this Agreement or in any other agreement between you and Jenkins. You waive any and all claims that you would otherwise have against Jenkins and its officers, directors, shareholders, agents, employees, and representatives for the release of such information. IF APPLICABLE LAW DOES NOT PERMIT THE RELEASE OF PROSPECTIVE CLAIMS OR CLAIMS WHICH THE RELEASOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, YOU HEREBY WAIVE ANY RIGHTS UNDER SUCH APPLICABLE LAW.
(a) Binding Effect; Assignment. This Agreement shall be binding on and inure to the benefit of the parties and their respective heirs, personal representatives, successors, and assigns. This Agreement and all rights and obligations hereunder shall not be assigned by you without the prior express written consent of Jenkins. This Agreement and all rights and obligations hereunder shall be assignable by Jenkins in its sole discretion.
(b) Severability. The provisions of this Agreement are severable, and the invalidity of any provision shall not affect the validity of any other provision.
(c) Governing Law. This Agreement, the rights and obligations of the parties hereto, and any claims or disputes relating thereto shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to the conflict of laws provisions thereof.
(d) Amendment; Waiver. Except as otherwise expressly provided in this Agreement, no amendment, modification or discharge of this Agreement shall be valid and binding unless set forth in writing and duly executed by each of the parties hereto. Any waiver by any party or consent by any party to any variation from any provision of this Agreement shall be valid only if in writing and only in the specific instance in which it is given, and such waiver or consent shall not be construed as a waiver of any other provision or as a consent with respect to any similar instance or circumstance.
10. Modifications. Although Jenkins may attempt to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version. Jenkins may, in its sole discretion, modify or revise this Agreement at any time, and you agree to be bound by such modifications or revisions.