A manufacturer of
commercial van interiors
and storage equipment.
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Terms and Conditions of Sale for all BOTT USA internet purchases

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

This Agreement contains the terms and conditions that apply to purchases by Home, Home Office, Small Business customers, Service Partners, Dealers and Car Dealerships from the BOTT USA entity named on the invoice ("BOTT USA") that will be provided to you ("Customer") on orders for van-interior equipment and/or related products and/or services and support sold by BOTT USA in the United States. By accepting delivery of the van-interior equipment, other products and/or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. If for any reason you are not satisfied with your BOTT USA-manufactured or BOTT USA-branded equipment, you may return the equipment under the terms and conditions of this agreement.

THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH BOTT USA, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) UNLESS OTHER BOTT USA STANDARD TERMS APPLY TO THE TRANSACTION.

These terms and conditions are subject to change without prior written notice at any time, in BOTT USA's sole discretion.

  1. Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and BOTT USA, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and BOTT USA.
  2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MICHIGAN, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
  3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within BOTT USA's sole discretion, and unless otherwise agreed to by BOTT USA, payment must be received by BOTT USA prior to BOTT USA's acceptance of an order. Payment for the products and services and support ordered through the web site shall be made by credit card only unless you are a BOTT USA authorized Dealer or Service Partner and have been approved with credit terms. For credit term customers, invoices are due and payable within 30 days Net measured from the date of the invoice. BOTT USA may invoice parts of an order separately. Orders are not binding upon BOTT USA until accepted by BOTT USA. Any quotations given by BOTT USA will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at a 2% interest rate.
  4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on the invoice(s). Unless Customer provides BOTT USA with a valid and correct tax exemption certificate applicable to the product ship-to location prior to BOTT USA's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, except for taxes on BOTT USA's net income. If applicable, a separate charge for taxes will be shown on the invoice.
  5. Title; Risk of Loss. Title to products passes from BOTT USA to Customer on shipment from BOTT USA's facility. Loss or damage that occurs during shipping by a carrier selected by BOTT USA is BOTT USA's responsibility unless customer has neglected to note in writing any discrepancy or damage on the carrier’s freight bill at the time of delivery. It is the customers responsibility to notify BOTT USA at once and to provide a copy of the carrier’s freight bill documenting the losses and/or damages so that BOTT USA can file a claim promptly. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.
  6. Warranties. BOTT USA, INC warrants its van interior equipment to be free from defects in material and workmanship, under normal use and service for a period of three years or 36,000 miles, whichever first occurs, after the date of delivery to the original retail purchaser, when installed by an authorized BOTT USA Service Partner and/or ship-through facility. Products purchased over-the-counter, or through BOTT’s e-commerce services and not installed by an authorized BOTT USA, INC Service Partner and/or ship-through facility will not be subject to a warranty. This warranty covers only repairs, or at the point of BOTT USA, INC. or any of its Service Partner locations, replacement to correct any defects related to material and workmanship. This warranty does not apply to:
    • Rust, corrosion, abrasions or other similar forms of wear and tear.
    • Products which have been subject to any kind of alterations, modifications or tampering not prior approved in writing by BOTT USA, INC.
    • Component, accessories and all other items not manufactured by BOTT USA or any of the manufacturing subsidiaries of the BOTT group.
    • Misuse, negligence, misapplication, overload situations and other forms of negligence.
    • Defects that are caused by the improper installation of its products, or installation not in accordance with BOTT USA specifications and/or instructions.
    • Installation Services or any workmanship related to the installation process.

    All warranty claims must be submitted in writing to BOTT USA, INC to the attention of the Customer Service Department. The vehicle must be delivered to the installer of the product or the closest BOTT USA, INC authorized Service Partner, for inspection, warranty approval and warranty service if applicable. Warranty repairs can only be conducted by BOTT USA, INC or any of its authorized Service Partners. BOTT USA, INC. reserves the sole right to inspect its products and decide the best way of handling any and all claims.

    THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THIS PURCHASE. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. BOTT USA INC AND ITS SUBSIDIARIES, SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY BREACH OF THIS WARRANTY, NOR SHALL THE DAMAGES EXCEED THE RETURN AMOUNT OF THE PURCHASE PRICE PAID BY THE ORIGINAL PURCHASER.

    BOTT USA, INC does not authorize any person, Dealer, Service Partner, agent or employee to create or extend any other obligations or liability in connection with this warranty beyond those set forth.


  7. Return Policies. If you are an end-user customer who bought new products directly from BOTT USA, you may return them to BOTT USA within 30 days of the date of invoice for a refund or credit of the product purchase price less a 15% restocking fee. The refund or credit will not include any shipping and handling charges shown on your invoice and/or related to any return shipping and handling charges. If you are a BOTT USA authorized Service Partner or Dealer that bought the products under a written agreement with BOTT USA, the agreement may contain different terms for the return of products than specified by this policy. To return products, you must call BOTT USA Customer Service at (877) 268-8462 to receive a Credit Return Authorization Number and a Return Ship-to address. To expedite the processing of your refund or credit, BOTT USA expects you to return the products to the BOTT USA authorized return ship-to address in their original packaging within five days of the date that BOTT USA issues the Credit Return Authorization Number. You must also prepay shipping charges and insure the shipment or accept the risk of loss or damage during shipment. Returned products must be in as-new condition, and all items included with a product must be returned with it. Goods returned freight collect will be refused, or if accepted, the freight charges will be deducted from the credit allowance. Credit for discontinued, shelf-worn or damaged goods approved for return, will be subject to appraisal by BOTT USA. This Return Policy does not apply to items purchased from any BOTT authorized Service Partner or Dealer.
  8. Exchanges. From time to time, BOTT USA may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with BOTT USA's exchange policies in effect on the date of the exchange.
  9. Products. BOTT USA continually upgrades and revises its products and service offerings to provide BOTT USA customers with new products and service offerings. BOTT USA may revise and discontinue products at any time without prior notice to customers. BOTT USA will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. The parts and assemblies used in building BOTT USA products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The quoted BOTT USA article numbers for BOTT USA-branded hardware products are of the quantity specified by BOTT USA and conform in all material respects with the BOTT USA product specifications current on the date such products were shipped.
  10. BOTT USA-branded Products. Any warranty and technical support provided on third-party products purchased through BOTT USA are provided by the original manufacturer and not by BOTT USA. These products may be returned only in accordance with the return policy in effect on the date of invoice. The warranties and technical support may vary from product to product.
  11. Limitation of Liability. BOTT USA DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR THE PROVISION OF SERVICES AND SUPPORT. BOTT USA WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, BOTT USA IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT.
  12. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) AGAINST BOTT USA, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "BOTT USA") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), BOTT USA's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between Customer and BOTT USA. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.
  13. Applicable Law; Not For Resale or Export. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale or export. BOTT USA has separate terms and conditions governing resale and transactions outside the United States.
   
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