THE NOTICES ON THIS PAGE ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU MUST REVISIT THIS PAGE OFTEN TO LEARN OF ANY CHANGES.
All the content on this Web site is Copyright
© 2009 by The Andersons, Inc. All rights reserved.
Web Site Usage Restrictions
You may access and view the content
appearing on this Web site for personal, non-commercial use only. You may
download and/or copy portions of the content for personal, non-commercial use
only, provided that you: (a) retain all copyright, trademark or other
proprietary notices contained on the content, (b) do not modify or alter the
content in any way, and (c) do not make content available to any third party.
The Andersons reserves complete title and full intellectual property rights in
any content that you download from this Web site.
You agree to use this Web site only for
lawful purposes. The following are included, but not limited to, in strictly
prohibited actions: (a) misrepresenting the identity of a user; (b) tampering
in any way with this Web site; and (c) conducting any type of fraudulent
activity.
Links to Third Party Web Sites
Please understand that when you access
another Web site through this one, The Andersons can accept no responsibility
for your experience with the other Web site. Links to other Web sites are
provided for convenience only. You need to make your own decisions regarding
your interactions or communications with any other Web site.
Communications with The Andersons
We welcome your comments regarding this Web
site. However, all comments, feedback, notes, messages, ideas, suggestions or
other communications transmitted to The Andersons will be treated as
nonconfidential and nonproprietary. All communications to The Andersons become
the exclusive property of The Andersons and you agree that by transmitting any
communications you relinquish all rights and interests in same. The Andersons shall be free to reproduce, use, disclose, and distribute these communications to
third parties without restriction. The Andersons shall be free to use any
ideas, concepts, know-how or techniques contained in such information for any
purpose whatsoever including but not limited to developing, manufacturing, and
marketing products incorporating such information. Therefore, The Andersons
discourages you from transmitting information that you do not wish to assign to
The Andersons, including confidential information or creative ideas.
Furthermore, you will take all responsibility for the content of your
communications and warrant that they do not violate any law, statute, ordinance
or regulation or the intellectual property rights of third parties. You agree
that The Andersons may copy all or part of your communications in any
response(s) it makes to you.
Intellectual Property Rights
All product trademarks and designs
appearing on this Web site are the property of The Andersons, or their
respective owners. You may not use such trademarks and designs in any manner
without the prior written consent of The Andersons or the respective owners.
The entire content of this Web site
including, but not limited to, text, images, music, sound, photographs, video,
illustrations, icons, graphics, headers, data, information, and software, is
subject to copyright, trademark, or other intellectual property rights owned by
The Andersons, an affiliate of The Andersons, or third parties who have granted
rights to The Andersons. Except as provided in these terms and conditions, you
may not copy, reproduce, prepare derivative works, distribute, perform, or
display such content in any manner without the prior written consent of The
Andersons or the respective owners.
Accuracy and Content
The Andersons attempts to ensure that
the information provided on the Web site is accurate. But due to the risk that
the information may be compromised by software or procedural errors, The
Andersons does not guarantee the accuracy or completeness of the information
provided on this Web site. The Andersons reserves the right to correct any
errors, inaccuracies or omissions and to change or update information at any
time without prior notice (including after you have submitted your order).
Please note that such errors, inaccuracies or omissions may relate to product
description, pricing and availability. Photos may vary. Pricing and shipping
& handling charges are subject to change without notice. We apologize for
any inconvenience this may cause.
The Andersons does not warrant the
accuracy, integrity or completeness of the content provided on this Web site,
including any advice or similar information obtained by you from us through
this Web site. The Andersons makes no representation that the content provided on
this Web site is appropriate for use in locations outside the United States of America.
Items are limited to quantities on hand. We reserve the right to limit quantities.
Disclaimer of Warranties and Limitation
of Liability for Web Site
In no event
shall The Andersons, its directors, officers, employees, affiliates,
successors, assigns or other representatives be liable, whether in contract,
warranty, tort (including negligence-active, passive or imputed), product
liability, strict liability, or other theory, to you, or any other person or
entity for any damages (including, without limitation, any direct, indirect,
incidental, special, exemplary, punitive or consequential damages) arising out
of or in connection with any use of, inability to use, or results of use of,
this Web site, or any type of advertisement, or any content on this Web site,
even if The Andersons has been advised of the possibility of such damages. If
you are dissatisfied with this Web site and the content contained thereon, your
sole and exclusive remedy is to discontinue use of this Web site.
Disclaimer of Warranties and Limitation
of Liability for Merchandise
All merchandise
shown on this Web site are “as is” (to the extent allowed by law) and, unless
otherwise specifically noted, are without warranties of any type, express or
implied. The Andersons disclaims all warranties, express or implied, including,
but not limited to, Implied Warranties of Merchantability and Fitness for a particular
purpose.
The Andersons disclaims any liability for product defect claims that are due to product misuse,
improper product selection and/or misapplication and any description, picture
or other information communicated does not express or imply a warranty that the
products are merchantable or fit for a particular purpose. Any liability for
consequential, incidental, special, exemplary, or punitive damages is expressly
disclaimed. The Andersons’ liability in all events is limited to, and shall not
exceed, the purchase price paid for the product that gives rise to any
liability.
Personal Account
If you use this Web site, you are
responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password.
Shipping - Risk of Loss
All items purchased from The Andersons
are made pursuant to a shipment contract. This means the risk of loss and title
for such items pass to you upon our delivery to the carrier. The Andersons is not responsible or liable for any damage arising from shipment.
Retail Return Policy
The Andersons retains the exclusive and
sole right as to whether an item may be returned, exchanged or order cancelled.
The Andersons thus encourages customers to use caution when placing an order,
as once placed the order cannot be canceled, nor the item returned or exchanged
unless The Andersons expressly consents and opens a Returns Merchandise
Authorization (“RMA”) for your return.
To obtain a refund or an exchange, prior
approval must be given by The Andersons. Please call 419-891-2626 (8AM-4PM,
Eastern Time, Monday through Friday) or log onto your account and access the
RMA request form.
Generally, The Andersons will accept
returns within thirty (30) days of purchase. Refunds are for the cost of
product only; shipping and handling charges are not refundable.
The Andersons cannot accept returns of
gas or diesel-powered items once such items have been oiled and/or gassed. If such
items have been oiled or gassed, they need to be taken to an authorized service
center for repair, which may or may not be covered under warranty.
The Andersons reserves the right to
inspect returned merchandise to determine its condition before issuing a refund
or an exchange.
Privacy
Please click here to review our Privacy
Policy.
Severability
These terms and conditions constitute
the entire agreement between you and The Andersons with respect to this Web
site and they supersede all prior or contemporaneous communications, whether
electronic, oral or written, between you and The Andersons with respect to this
Web site. No modification of the terms and conditions shall be effective unless
it is authorized in writing by The Andersons. If any provision of the terms and
conditions is found to be contrary to law, then such provision(s) shall be
constructed in a manner to closely reflect, as much as possible, the intentions
of the parties, with the other provisions remaining in full force and effect. If
any of the terms and conditions shall be deemed invalid, void, or for any
reason unenforceable, then that specific term or condition shall be deemed
severable and shall not affect the validity and enforceability of any remaining
terms and conditions.
Choice of Law
By use of this Web site, you agree that
the laws of the State of Ohio, without regard to principles of conflict of
laws, will govern these terms and conditions and any dispute of any sort that
might arise between you and The Andersons concerning the Web site.
Disputes
Any dispute relating in any way to your use of this
Web site or to the products or services sold or distributed by The Andersons or
through the Web site in which the aggregate total claim for relief sought on
behalf of one or more parties exceeds $5,000 shall be adjudicated in any state
or federal court in Lucas County, Ohio, and you consent to exclusive
jurisdiction and venue in such courts.