1004-EX-Union

Terms & Conditions of Sale

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. 1. Agreement Scope: When you order products from the Big Irrigation Supply website, you agree to these terms. The supplier can change these terms without notice, and the most current version will be on the website. 2. Order Acceptance and Cancellation: The supplier may accept, decline, or limit your order for any reason after receiving it. If your order is canceled after your card is charged, you will be refunded. Minimum order amounts apply and can change without notice. Customer cancellations will incur a credit card charge up to 4%. 3. Pricing: Prices are subject to change and do not include taxes. Any taxes applicable will be added to the price, and you must either pay them or provide a tax exemption certificate. 4. Payment Terms: Full payment is required before shipping, and you can pay online via credit card. 5. Shipping and Risk: Ownership of the products transfers to you either when the products leave the supplier’s location or when they are delivered to your address, depending on the delivery method. You are responsible for shipping costs and must inspect deliveries for damage or discrepancies upon receipt. 6. Warranties and Returns: Products are generally covered by the manufacturer’s warranty, details of which are provided in the product description or manufacturer’s website. Returns require prior authorization and must be made within specific time frames. A restocking fee may apply of up to 35%. Non-returnable items from Big Irrigation Supply specifically include all landscape lighting fixtures and transformers, as well as irrigation commercial controllers like MC-E and ACC2 models. Additionally, any items that are not regularly stocked or are special order items cannot be returned. 7. Intellectual Property: The supplier owns any content, inventions, or intellectual property developed during the term of your agreement with them. 8. Advertising and Liability: The supplier is not responsible for inaccuracies in product descriptions provided by their suppliers, nor for typographical or pricing errors. They also disclaim all implied warranties and limit their liability for any damages arising from the use of their site to the amount you paid for the products. 9. Indemnification: You must defend and indemnify the supplier against any claims or damages arising from your use of the products, or any breach of these terms. 10. Legal: The agreement is governed by the laws of Texas, and any disputes will be handled in Collin County, Texas, without a jury trial. 11. Force Majeure: The supplier is not liable for delays or failures in delivery caused by circumstances beyond their control, such as natural disasters or labor strikes. 12. Miscellaneous: If part of these terms is found to be unenforceable, the rest still applies. Provisions that by their nature should survive the termination of the agreement will do so.

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Terms & Conditions of Sale