Terms & Conditions
All Make Solutions LLC.
Online Orders Terms and Conditions Updated March 25, 2021
ALL INFORMATION CONTAINED IN THESE TERMS AND CONDITIONS DESCRIBE YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR PURCHASE OF ANY PRODUCT(S) OFFERED BY ALL MAKE SOLUTIONS LLC LLC THROUGH OUR WEBSITE(S) AND/OR ANY MOBILE APPLICATIONS (COLLECTIVELY OUR “SITES”). IT IS YOUR OBLIGATION TO REVIEW THESE TERMS IN THEIR ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION WITH ALL MAKE SOLUTIONS LLC. YOU MAY BE DENIED ACCESS TO ORDER OR OBTAIN PRODUCTS AND RELATED SERVICES THROUGH OUR SITES UNLESS YOU: (1) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (2) ARE AT LEAST 18 YEARS OLD; AND (3) ARE NOT PROHIBITED FROM ACCESSING OR USING OUR SITES, OR ANY OF ITS CONTENTS OR PRODUCTS BY ANY APPLICABLE LAW, RULE, OR REGULATION.
(1) Applicability of Terms and Conditions
These terms and conditions (these “Terms“) apply to your purchase of products and related services through AMSConstructionParts.com, AMSParts.com, AllMakeShop.com, and our mobile applications (collectively the “Site“). These Terms are subject to change at any time without prior written notice by All Make Solutions LLC dba AMS Construction Parts, an Ohio corporation (“AMS Construction Parts,” “we,” “us,” or “our”). The most recent version of these Terms will be posted for your review on the Site and may be updated from time to time. Please review these Terms in their entirety before engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which will be dated as of their most recent update) will constitute your acceptance of and agreement to any changes.
(2) Online Orders
All orders are subject to availability. When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our sole discretion. We will only accept or reject an order in its entirety. Should we elect to accept your order, you will receive a confirming email at the email address provided at the time of order. Notwithstanding, we reserve the right to cancel any order accepted by us (as evidenced by a confirming email) at any time in our sole discretion.
(3) Payment Terms
All applicable prices are set forth alongside the products offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for paying the price(s) stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit card, debit card, use of a bona-fide electronic payment provider (i.e., PayPal), or electronic check. By using any such card or payment procedure, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
(4) Shipping Information
It is our responsibility to ship your accepted order to you at the physical address provided when making the order. You will be responsible for all associated shipping and handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we will not be responsible for any delays in shipments. Standard orders ship GROUND, which typically takes an additional 3 to5 working days. RUSH service is available by selecting AIR shipment. (Next day AIR or 2nd-day AIR). All air shipments are considered RUSH orders. Typical RUSH orders ship within 48 hours. Larger RUSH orders may take more than 48 hours. Unique department requirements may also result in order delays regardless of shipping preference. Please call Customer Service at 1-877-224-3601 with questions regarding your order.
At our sole discretion, we may honor the return or exchange of products within fifteen (15) days of purchase, if the products have not been used, installed or modified. Products that have been used, installed, or modified will not be accepted for return or exchange. In addition, all All Make Solutions LLC must be returned in a credentialed shipping container and packaging materials. Before shipping products or equipment for return or exchange, you must obtain a Return Authorization Number. Call 1-877-224-3601 for an authorization number. There will be a restocking charge for all products that are returned or exchanged. Restocking charges are as follows: The charge is 15% of each unit price of the products returned or exchanged.
Your refund, if any, will be credited to the same payment method used to make the applicable purchase.
(6) Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability
(a) Your R&Ws: You represent and warrant to us as follows: (i) that you have the right to enter into any transaction contemplated hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the products and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind.
(b) ALL MAKE SOLUTIONS LLC WARRANTY:
In the event of a defect in material or workmanship during the applicable warranty period, All Make Solutions LLC will repair or replace, at its option, the product. This is the sole remedy available to the Original User, and the only obligation that All Make Solutions LLC owes to the Original User in connection with this warranty. In order to obtain warranty service, the Original User must contact Customer Service at 1-877-224-3601 to obtain a return authorization number prior to sending the product to All Make Solutions LLC service center in Middletown, Ohio, or a service location of its choosing. The Original User must include sufficient information that shows they are the Original User of the product, the nature of the defect, contact and return shipping information for the Original User. If the Original User has done so, All Make Solutions LLC will repair or replace the product within ninety (90) days. If the product is found to be defective and repair or replacement is not possible, All Make Solutions LLC will refund the original purchase price of the Original User upon proof of the purchase price. All Make Solutions LLC will pay reasonable shipping costs for return surface transportation only. Any special handling, express or expedited service or different method of transportation will only be provided at the request and expense of the Original User. If the Original User cannot provide proof of its purchase price, All Make Solutions LLC may, at its sole discretion, refund the purchase price for that product as listed on All Make Solutions LLC Site as of the original date of purchase.
EXCLUSIONS. This limited warranty applies only on the first piece of equipment where the product was first installed and does not apply to any product that All Make Solutions LLC determines has been subjected to: (1) operating or environmental conditions in violation of All Make Solutions LLC published specifications; (2) damage, misuse, or neglect; (3) improper installation, repair, modification or alteration; or (4) use for which the product was not intended or designed. All Make Solutions LLC warrants that products sold to the Original User will conform to the published specifications for the product on the date the product was shipped. All Make Solutions LLC reserves the right to make changes to All Make Solutions LLC products from time to time and has no obligation to alter products previously purchased to conform to the specifications of newer products. This warranty does not cover scratches or abrasions. All Make Solutions LLC shall have no liability to pay any costs for repairs performed by anyone other than All Make Solutions LLC or its designee, unless in each instance All Make Solutions LLC has given written approval for such repair. All Make Solutions LLC shall not be responsible for any costs incurred for the removal or reinstallation of products covered by this Limited Warranty.
(c) SOLE AND EXCLUSIVE REMEDY/LIABILITY CAP: This Limited Warranty is All Make Solutions LLC only warranty for products. All Make SOLUTIONS LLC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES OR REMEDIES—WHETHER EXPRESS, IMPLIED, OR STATUTORY—INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. All Make Solutions LLC also disclaims any implied warranty arising out of trade usage, course of dealing, or course of performance. Should the products be considered a consumer product as may be covered by the Magnusson-Moss Federal Warranty Act, please be advised that some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Under no circumstances will All Make Solutions LLC be liable for re-procurement costs, lost revenue or profits, loss of use, loss of data, or for any punitive, special, incidental, or consequential damages, even if they were foreseeable or Original User has informed All Make Solutions LLC of their possibility; and All Make Solutions LLC will not be liable for any damages claimed by Original User based upon any third-party claim(s). All Make Solutions LLC total liability to Original User for Original User’s damages under these Terms will not exceed the price Original User paid to All Make Solutions LLC for the product(s) at issue in Original User’s claim. This limitation will apply regardless of the form of action (i.e., whether the lawsuit is in contract or in tort, including negligence). Because some states do not allow exclusion or limitation of liability for consequential or incidental damages, in such states All Make Solutions LLC entire liability is limited to the full extent permitted by law. If Original User must return a product for any reason, please contact Customer Service Department by calling 1-877-224-3601 for return procedures and shipping instructions.
(8) Third Party Beneficiaries
These Terms are for your sole benefit and nothing herein, express, or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
(9) Force Majeure
We will not be held responsible for delays or non-performance caused by activities or factors beyond our reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, epidemics, pandemics, adverse governmental conditions, and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.
We may assign or otherwise transfer any or all of our rights or obligations hereunder, in whole or in part, to any third party in our sole discretion. You may not assign any of your rights or delegate any of your duties at any time without our prior written consent in each instance, and any attempt to do so will be null and void.
(11) Partial Invalidity
If any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
(12) Governing Law
These Terms are governed by and construed in accordance with the laws of the state of Ohio without resort to conflict of laws rules. Each party irrevocably agrees that any action, suit or other legal proceeding against them shall be brought in a court of the State of Ohio or in the United States District Court for the State of Ohio. By acceptance of these Terms, you irrevocably submit to and accept the jurisdiction of each of such courts and waive any objection (including any objection to venue, enforcement, or grounds of forum non conveniens) which might be asserted against the bringing of any such action, suit, or other legal proceeding in such courts. In the event any proceedings are commenced to enforce or construe these Terms or in relation to any products ordered pursuant to these Terms, then the prevailing party in such proceedings will be entitled to recover its reasonable attorney fees thereby incurred. In the event a judgment is entered in such proceedings, it is agreed that said judgment will provide that the prevailing party will be entitled to recover all attorney fees reasonably incurred in enforcing said judgment.
(13) Intellectual Property Ownership
You acknowledge that all right, title and interest in all patents, copyrights, trademarks, trade dress, trade secrets and other intellectual property embodied within, covering or in any way regarding our products is owned exclusively by All Make Solutions LLC or its licensor(s), and all rights with regard to such intellectual property are reserved. You represent, warrant and covenant that you will not claim any right, title or interest in, or use, any such intellectual property, all of which remain exclusively the property of All Make Solutions LLC or its licensor(s), and that you will not bring any suit or proceeding in an attempt to invalidate or claim any such intellectual property rights.
(14) No Waivers
Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You will be responsible for ensuring that you have provided us with your current email and mailing address. You can contact us at any time by any of the following means: (i) email at: Todd.Farler@AMSConstructionParts.com; (ii); telephone at: 1-877-224-3601; or (iii) personal delivery, overnight courier, registered, or certified mail to: All Make Solutions LLC, 2710 S. Main St., Middletown, OH 45044
You will indemnify and save All Make Solutions LLC harmless from all claims, losses, damages, expenses (including reasonable legal fees) and liability resulting from or in any way connected, directly or indirectly, with a breach of your obligations under these Terms, third party claims, or with the possession, handling, sale or use of the products or any goods made from the products delivered hereunder.
(17) Entire Agreement: