Shipping policy
Standard Terms and Conditions of Sale
The sale of Products described on the customer’s invoice ("Products") is made on the express condition that Buyer assents to the promises, terms, and conditions set forth below, whether or not they are additional to or different from any terms and conditions proposed by Buyer. Archatrak Inc. reserves the right to change its terms and conditions without written notice.
1. Shipping Terms.
i. Deliveries
The Products will be delivered FOB place of shipment. Risk of loss or damage and responsibility shall pass from Archatrak to Buyer when the Products are placed on the carrier at Archatrak's warehouse or supply point.
Shipping costs are not included in prices displayed online or through written or verbal quotes, unless expressly stated on said quote. Freight costs are non-refundable except in the case of total loss.
Once orders have been placed, processed and payment is approved, Products are shipped via common carrier freight, dedicated truck load carrier or UPS Ground unless otherwise specified.
Orders usually ship within 1-5 business days. Product production lead times can be confirmed with an Archatrak representative at the time of order placement.
ii. Shipping Notification
UPS Ground deliveries do not require a signature at the time of delivery and will be left at the Buyer’s specified delivery address if no person is present, unless otherwise requested.
Archatrak Inc. will email the contact person listed on the billing address of each order after the product ships. This email will contain shipping information, including the shipping or trucking company name, phone number and shipment tracking number (if available). The trucking company is instructed to call prior to delivery to schedule a delivery time window.
iii. Unsuccessful Deliveries
If an LTL common carrier delivery is unsuccessful due to the absence of a suitable/responsible person at the delivery address at the time of delivery, or due to Buyer failing to inform Archatrak of any inaccessibility or other relevant delivery restrictions, the Products will be retained by the haulage contractor and returned to the contractor's nearest freight depot until Archatrak receives further instruction from Buyer. Buyer agrees to reimburse Archatrak for all re-delivery charges for each and every re-delivery attempt.
iv. Delivery Timing
If Products are required to be delivered by a certain date, product availability should be verified by calling an Archatrak representative. Some Products available for online order may not be in stock. All listed shipping times are estimates. Specific delivery dates and/or time frames cannot be guaranteed for any product or order. Archatrak Inc. is not responsible for lost, misplaced, delayed shipments or freight damaged by freight carriers. Delay in delivery due to circumstances outside the control of Archatrak shall not entitle the Buyer to cancel any order or refuse delivery.
v. Unloading Product
Business freight deliveries or freight deliveries that are dock to dock, require the receiving party to offload the product from the truck via a loading dock or with a forklift.
For residential (or non-dock) deliveries where liftgate delivery has been expressly selected, the freight company is only required to move the material off the tailgate of the truck to the ground. The receiving party is required to move the product to any other location.
vi. Inspecting for Damage
You should carefully check all material and packages on arrival for any potential damage during transit. It is the sole responsibility of the receiving party to fully inspect the product at the time of delivery for any potential damage. Archatrak Inc. is not responsible for damaged Products due to shipping. We recommend removing any protective wrapping to fully inspect the product, before the driver leaves.
The delivered Products should be counted before signing the Delivery Receipt. Once the Delivery Receipt is signed with no exceptions or damage noted, the trucking company has no further responsibilities. The trucking company will not honor any claims if the Delivery Receipt is not noted with the specific delivery issue.
Products that have not been delivered should be signed for as SHORT DELIVERED, Products that are delivered damaged should be signed for as DAMAGED.
Action to be Taken if Any Product is Damaged
If any of the Products in the delivery are damaged in any way, CALL AN ARCHATRAK INC. REPRESENTATIVE IMMEDIATELY ON 866 206 8316. This call should be made prior to unloading the material. The representative will provide further instruction as to what actions should be taken.
If damage apparently occurred during transit, details of any and all damage must be noted on the Delivery Receipt and signed by the driver. A copy of the Delivery Receipt must then be faxed, emailed or mailed to Archatrak Inc. in order for a damage claim to be filed with the trucking company, on Buyer’s behalf, in order for any replacement product to be shipped.
Photographs should be taken of any damaged product as that will assist with a product damage claim. Damaged product will normally be shipped back to Archatrak Inc. The shipping company has the right to inspect and/or claim the product if a damage claim is filed and/or paid. All claims must be submitted within 72 hours of delivery via email and telephone contact, along with the photos and the list of product claimed to be damaged or defective.
vii. Liftgate and Inside Delivery Options
Liftgate delivery service is normally available at an additional cost over and above standard dock-to-dock or hand unload services. Liftgate service DOES NOT include any inside-of-home or garage delivery or moving pallets of product away from the offloaded location at the tail of the truck. 'White glove service or 'Inside delivery service' is not available unless specifically requested by the Buyer where the cost of any such additional services if required, shall be the sole responsibility of Buyer.
viii. Additional Accessorial Charges
Any and all additional charges not previously paid, or provided at the time of order, such as inside delivery, liftgate fees, change of address, limited access, re-delivery and storage fees will be the sole responsibility of the Buyer unless stated in the Buyer’s order as part of the shipping costs pre-paid by the Buyer at the time of placing the order.
ix. Limited Access Restrictions
Deliverability is at the discretion of the freight carrier. If the freight carrier determines that it cannot deliver the Products to the delivery address, it is the responsibility of the Buyer to collect the Products from the freight carrier terminal, unless other arrangements can be made.
Most LTL freight deliveries will arrive in large trucks. It is the Buyer’s responsibility to notify Archatrak Inc. at the time of order, if Buyer’s nominated delivery location has potential limited access issues, such as a truck being unable to reach the location. Such issues may include but are not limited to, insufficient turn around space, low power lines or tree limbs, weight and size limitations. Accessorial services are not guaranteed. Any and all re-delivery or storage charges incurred will be billed back to the Buyer if delivery is attempted and cannot be completed because of undeclared and unknown limited access issues.
x. Delivery Refusal
If the Buyer refuses delivery for reasons other than those agreed to in writing on the order document, the Buyer will be responsible for all initial shipping and re-delivery and or return shipping charges. It is important to note that freight deliveries are always curbside. ''Curbside'' means next to the curb on the street. Drivers are not obligated to deliver freight into driveways or garages.
2. Online Orders
By completing and submitting an electronic order form, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract with your agreement to the entire policy written here and no other communication whether written, verbal, faxed, or in any other form shall supersede this policy. Products will not be dispatched until we have authorization from your payment card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorized.
Certain steps must be followed for a contract to be formed.
After you have placed your order, you will receive an email to acknowledge your order. It will confirm which Products you have ordered. This email is not an order acceptance from us.
We do not have to accept your order, and for example, we will not accept your order if:
· We do not have the Products in stock
· Your payment is not authorized
· There is an error on our website regarding the price or other details of the product
We reserve the right to refuse any order and/or cancel any order and refund any payment made due to pricing errors or any other reason.
All prices are subject to change without notice.
3. Modification
No modification of any promise, term or condition of sale shall be of any force or effect unless signed by an officer of Archatrak Inc. Order modification is done on a case by case basis and may be subject to additional charges.
4. Risk of Loss
After delivery of the Products to the carrier, and in other circumstances as provided by law, Buyer shall bear all risks of loss, whether or not the Products so delivered are conforming or non-conforming, whether or not a right of rejection exists in Buyer's favor, and whether or not Buyer rightfully revokes acceptance. The occurrence of any such risk shall not release Buyer from its obligations hereunder.
5. Taxes and Other Additional Charges
In addition to the price for the Products, the total invoiced amount will include the amount of any sales, use, or similar tax relating to the Products or their sale which Archatrak Inc. is legally obliged to collect and pay plus any and all freight charges relating to the transportation or storage of the Products. Buyer is solely responsible for reporting and paying any additional taxes due to their local city, state, or municipality where applicable.
6. Order Cancellation
While it is understood that on some occasions orders might need to be changed, Archatrak strictly adheres to the following cancellation policy:
- If an order is canceled BEFORE it has been shipped, a cancellation fee of up to 10% may be assessed depending on expenses already incurred by Archatrak relating to the order.
- If an order is cancelled AFTER it has been shipped, the cancellation will be treated as a Return and all applicable return fees will apply.
- Orders which are REFUSED AT DELIVERY will be assessed all of the applicable fees - including restocking, cancellation and other applicable fees.
7. No Sales "On Approval" or "Sale or Return"
No sale is made on approval or under a sale or return basis. Archatrak Inc. may, however, at its option, allow a return. Any such return shall be at Buyer's sole risk and expense; return shall be affected only upon actual delivery to Archatrak Inc. or as otherwise instructed by it in writing. No credit, whether by refund on monies paid or by allowance against monies due, shall be given until such actual receipt by Archatrak Inc. of return Products in the same condition as they were when delivered to the carrier by Archatrak Inc. for original shipment to Buyer. Credits are subject to the prior satisfaction of any and all past due monies owed to Archatrak Inc.
8. Product Returns and Refunds
Product returns made without the express written consent of Archatrak Inc. including refused shipments without the prior consent of Archatrak Inc. constitute unauthorized returns. Unauthorized returns may not be accepted and will incur unloading charges, storage fees, disposal fees, etc.
You must request a Return Authorization Number by emailing sales@archatrak.com with detailed reasons for the return and pictures or a video of the product that supports your reason. Upon approval you will receive the RMA# and the address of the warehouse where you can return the product you would like to return.
Any Products returned must be in full and unopened cartons that have not been damaged, stained or affected by water, or mutilated in any way, free from any damage and in resalable condition.
Any Products submitted for return that are received by Archatrak in broken, damaged or previously installed condition, will not be subject to credit.
Products may not be returned after thirty (30) days from the original shipment date or pick-up date, unless agreed by Archatrak.
Buyer accepts responsibility for both the outbound and return freight charges on any Product returns including handling, repacking, insurance and any other costs associated with the return of Goods. Archatrak accepts no obligation to arrange return shipping but will provide assistance on request.
A 15% restocking fee will apply to any returned Product, unless Archatrak erred in filling the order.
No returns will be accepted on unused or leftover product.
Any refunds or credits will only be issued after the Goods have been received by Archatrak's warehouse, counted and inspected for damage.
9. Claims of Buyer
As a condition precedent to recovery of any claim of any kind, Buyer must comply with the following.
All claims of any kind, except nonreceipt, must be made to Archatrak Inc. within three days after receipt of shipment. Claims for non-receipt must be made in writing delivered to Archatrak Inc. within fourteen (14) days after receipt of an invoice.
Claims of damage must be noted at time of delivery on the shipping documents and countersigned by a representative of the shipping company. Failure to do so may result in total loss of Buyers ability to collect damages from the shipper and releases Archatrak Inc. from their obligations.
Liability for breach of warranty or contract shall arise only upon prompt return of the Products claimed to be defective at Buyer's expense and after due notice of the claimed breach being provided to Archatrak Inc.
With respect to porcelain pavers, Buyer acknowledges and agrees that for any Order, Archatrak cannot guarantee exact color shades or precise matching with any sample previously ordered or provided, including, without limitation, replacement Goods delivered to Buyer.
10. Governing Law
The contract for sale of the Products shall be governed by the laws of the State of Montana.
11. Waiver of Liability
Buyer agrees that Archatrak Inc., its agents, affiliates, suppliers or employees shall have no liability whatsoever other than the replacement of product at our sole discretion or offering of a refund at Archatrak Inc’s sole discretion, according to the above policies. In no case shall Archatrak Inc. or affiliate have any other liability, financial or otherwise with respect to any item sold, offered for sale or as a free sample, or for any other service, advice, suggestions or consultations, paid or unpaid.
12. Limited Warranty
The sales personnel of Archatrak are not authorized to make warranties about the Archatrak’s Products. Oral statemengts by Archatrak employees do not constitute warranties, shall not be relied upon by Buyer and shall not become part of any contract or sale. The entire sales contract between Archatrak and Buyer will be set forth in the order acknowledgement, invoice and these Terms and Conditions and no other warranties are given beyond those set forth in such documents.
Archatrak’s Products are warranted to be of merchantable quality and to conform to applicable industry standards or Archatrak’s published standards. Should any such product sold hereunder be found not to meet the foregoing warranty, Archatrak will furnish a replacement product conforming to this warranty, or, at its election, make a fair allowance therefore. Replacement shall mean the providing of substituted material only and shall not include any labor or installation in respect of such replacement. Any claim with reference to Products shall be deemed waived by Buyer unless made in writing to Archatrak no later than three (3) days from Buyer's receipt of goods. Buyer acknowledges that the remedies herein constitute its sole and exclusive remedies.
ARCHATRAK MAKES NO WARRANTIES WHICH EXTEND BEYOND THE FOREGOING AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ARCHATRAK'S SOLE RESPONSIBILITY AND BUYER'S SOLE AND EXCLUSIVE REMEDY IS AS STATED. ARCHATRAK SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, LOSS OF PROFIT, OR FOR ANY AMOUNT IN EXCESS OF THE PRICE FOR THE SHIPMENT INVOLVED, UNDER THE FOREGOING WARRANTY OR ANY OTHER PART OF THIS AGREEMENT. ANY LEGAL CLAIMS OR ACTION AGAINST ARCHATRAK FOR BREACH OF THIS AGREEMENT, INCLUDING THE WARRANTY GRANTED ABOVE, MUST BE INSTITUTED WITHIN ONE YEAR AFTER DELIVERY.