Conditions of Sale

Your Purchase

These conditions ("Agreement") apply to your purchase of products and/or services ("Product") sold in the United States by Selther, including its affiliates or subsidiaries. By placing your order for Product, you accept and are bound to the terms and conditions of this Agreement.

Payment

Payment terms are within Selther's sole discretion, and unless otherwise agreed to by Selther, Selther must receive payment in full prior to Selther's acceptance of any order. All payments must be made by credit card. Selther accepts Visa, Mastercard and American Express. Selther may invoice parts of an order separately. Invoices must be paid upon receipt. Selther is not responsible for pricing, typographical, or other errors in any offer by Selther and reserves the right to cancel any orders arising from such errors.

Shipping Charges; Taxes; Title; Risk of Loss

Shipping and handling are additional charges unless otherwise expressly indicated at the time of sale. Title to Product passes from Selther to you upon delivery to you. YOU ARE RESPONSIBLE FOR INSPECTING THE PRODUCT AT THE TIME OF DELIVERY. IF THE PRODUCT IS DAMAGED UPON DELIVERY, YOU MUST INDICATE SUCH BY WRITING "PRODUCT DAMAGED" OR SOMETHING SIMILAR ON THE DELIVERY SHEET, WHICH THE DELIVERY SERVICE WILL PRESENT TO YOU. SELTHER IS NOT RESPONSIBLE FOR ANY DAMAGE TO PRODUCT THAT IS NOT INDICATED BY YOU AT THE TIME OF DELIVERY. If, upon delivery, the Product is damaged, and you indicate such on the delivery sheet, you must contact Selther directly at the following to submit your claim of damage and schedule a return/replacement at no cost to you:

Telephone: 972-701-0201 or
E-mail: customerservice@selther.com

The details of Selther's Delivery Policy are located at www.selther.com/delivery.php If you are a tax-exempt entity, you must provide Selther with a copy of your exemption certificate at the time of your order.

Product Warranty

THE LIMITED WARRANTIES APPLICABLE TO SELTHER-BRANDED PRODUCT CAN BE FOUND AT www.selther.com/warranty.php OR IN THE DOCUMENTATION SELTHER PROVIDES WITH SELTHER-BRANDED PRODUCT. SELTHER MAKES NO WARRANTIES FOR SERVICES OR NON-SELTHER BRANDED PRODUCT. EXCEPT AS EXPRESSLY STATED IN THE APPLICABLE SELTHER-BRANDED WARRANTY IN EFFECT ON THE DATE OF PURCHASE, SELTHER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AS TO THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELTHER DOES NOT WARRANT THAT THE PRODUCT WILL MEET YOUR PERSONAL REQUIREMENTS. YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF THE PRODUCT TO ACHIEVE ITS INTENDED RESULTS.

Cancellation Policy

Orders may be cancelled at no charge to you if the order is cancelled prior to shipment. If an order is cancelled after shipment but before delivery, you must pay a 20% restocking fee and an additional amount of no less than $200.00 for shipping and handling. Any refunds due as a result of such cancellation will be made, less any applicable restocking and shipping and handling fees, via a company check and may take up to 30 business days. Notwithstanding anything to the contrary herein, all clearance Products, "As Is" Products, and Protection Plan Services sold are final and cannot be returned or cancelled.

Return Policy

If, within ten days of delivery of the Product, you wish to return it, you must contact us directly at Telephone: 972-701-0201 or
E-mail: customerservice@selther.com
to obtain a Product Return Authorization Number for you to include with your return. You must return Product to us in their original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging a Product. Additional fees, including a 20% restocking fee, will apply. If you fail to follow the return instructions, Selther is not responsible for Product that is lost, damaged or processed for disposal. Notwithstanding anything to the contrary herein, all clearance Products, "As Is" Products, and Protection Plan Services sold are final and cannot be returned or cancelled.

Changed or Discontinued Product

Selther's policy is one of continuing quality. Selther may revise and discontinue Product at any time and without notice to you, and this may effect information saved in your online "cart." Selther will deliver Product that has the same functionality and performance of the Product ordered, but changes between what is delivered and what is described in the Content of this Website are possible.

Limitation of Liability

IN NO EVENT SHALL SELTHER'S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE MONIES PAID TO SELTHER BY YOU FOR THE PRODUCT. IN NO EVENT SHALL SELTHER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF YOUR PURCHASE OF PRODUCT AND/OR SERVICES OR THE USE OR NON-USE OF ANY PRODUCT, REGARDLESS OF WHETHER SELTHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY A THIRD PARTY. YOU AGREE AND UNDERSTAND THAT THE FOREGOING LIABILITY LIMITATIONS ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT AND THAT IN THE ABSENCE OF SUCH LIMITATIONS THE MATERIAL AND ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. THE REMEDIES IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Not for Resale or Export

You agree and represent that you are buying the Product and/or Services for your own use only, and not for resale or export.

Applicable Law

You and Selther agree that this Agreement, any sales hereunder, or any claim, dispute or controversy arising from or relating to this Agreement shall be governed and interpreted under the laws of the State of Texas without regard to principles of conflict of laws.

Severability

If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed severed from this Agreement.

COPYRIGHT @ 2010. Selther, LP. ALL RIGHTS RESERVED. Terms of Use and Conditions of Sale.