CONDITIONS OF USE
THIS IS VERSION 1.0 OF THIS DOCUMENT. IT IS EFFECTIVE AS OF February 13, 2009.
Please take the time to carefully read these conditions of use. Masterman’s provides its services on this website to you subject to the following conditions; visiting or shopping on mastermans.com signifies your acceptance of the following terms:
LICENSE AND WEBSITE ACCESS
Masterman’s grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Masterman’s. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Masterman’s. Any unauthorized use terminates the permission or license granted by Masterman's.
ELECTRONIC COMMUNICATIONS
When you visit Masterman’s or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
PRICING AND AVAILABILITY
Pricing and availability of merchandise shown on this website is current as of the last website update. Masterman’s reserves the right to adjust pricing or availability based on any criteria of its choosing, including but not limited to changes in manufacturers’ sales prices. Sales price and merchandise availability will be finally determined at the time an order is placed. All orders will be charged a minimum five dollar ($5.00) handling charge in addition to any shipping charges, charges for hazardous materials, merchandise pricing and any applicable taxes.
PAYMENT TERMS
Masterman’s gladly accepts Visa, MasterCard, American Express and Discover for immediate payments. Terms are Net 30 days from the date of invoice for customers who have been pre-approved for credit.
TAXES
We are required by law to charge sales tax to orders in accordance with county, state, and federal regulations. At the time of the last update of this document, Masterman’s collects Massachusetts sales taxes for any products purchased with a delivery destination in the Commonwealth of Massachusetts. Masterman’s obligation to collect taxes may change without notice. All taxes will be invoiced to the customer. If you are tax exempt, please submit a tax exemption certificate to our accounts receivable department prior to the placement of any order.
SHIPPING
Orders are shipped FCA (as such term is defined in INCOTERMS 2000) Masterman’s Warehouse, Auburn MA 01501 or direct from the manufacturer, at the sole discretion of Masterman’s, unless otherwise agreed to by you and Masterman’s in a separate written agreement. The Buyer bears all risk of loss on shipments from any merchandise purchased from Masterman’s. Most orders are shipped via UPS, postage prepaid with all shipping charges invoiced to the purchaser. Larger orders may be shipped by different carriers. Masterman’s reserves the right to choose the carrier for any and all shipments. Customers may make special arrangements with Masterman’s to pick up their order at our Auburn MA location. COD orders are also available by special arrangement. Please contact Masterman’s customer service department for any questions on the shipment or pickup of merchandise. Masterman’s reserves the right to refuse to ship to any person or location whenever it is unable to find a shipper that delivers to the destination, or when any shipment would be in violation of any law or regulation. Any diversion in contravention of the Export Arms Regulations is prohibited
HAZARDOUS PRODUCT SHIPMENTS
Shipping restrictions apply to any products considered to be hazardous material(s) by any carrier or government authority. Some hazardous materials may not be shipped and will only be available for pickup at Masterman’s warehouse in Auburn MA. Any products or materials considered hazardous but available for shipping will require special packaging. Additional shipping and handling charges will apply to all Hazardous Product shipments. Customers must confirm with Masterman’s whether a product will be considered hazardous and what procedures will apply to the shipping or pick up of the product at the time of purchase.
RISK OF LOSS
Risk of loss and title for merchandise passes to you upon our delivery to the carrier. Any lost item should be handled via the Claims procedure.
CLAIMS
Customers should inspect each shipment immediately upon arrival and let Masterman’s know of any problems with your order. If you have questions or concerns about a shipment from Masterman’s please contact Masterman’s customer service department at 800.525.3313 or by email to customerservice@mastermans.com All returns must be made through Masterman’s Return policy.
RETURNS
Masterman’s will provide a return authorization for all unprinted, stock items that have not been opened by the customer, provided the customer requests a return authorization within sixty (60) days of the purchase date. Masterman’s reserves the right to charge a restocking fee for the return of certain merchandise. Products that are special orders or any product that has any custom imprinting are not returnable. Please contact your sales representative or Masterman’s Customer Service Department to obtain a return authorization.
COPYRIGHT
All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Masterman’s, or licensed by Masterman’s from the copyright owner, and protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of Masterman’s and protected by U.S. and international copyright laws. All software used on this website is the property of Masterman’s or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
Masterman’s, and Masterman’s stylized graphics, logos, and service names are trademarks of Masterman’s. Masterman’s may also own other trademarks for certain products and services, including, but not limited to, the stylized “The Black Glove” trademark appearing on the gloves of the same name. Masterman’s trademarks and trade dress may not be used in connection with any product or service that is not Masterman’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Masterman’s. All other trademarks not owned by Masterman’s that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Masterman’s.
YOUR ACCOUNT AND PERSONAL INFORMATION
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Masterman’s only with express permission and continued involvement of a parent or guardian. Masterman’s reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. All information will be collected and used pursuant to Masterman’s Privacy Policy.
APPLICABLE LAW
By visiting Masterman’s website, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Masterman’s.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Masterman’s copyright agent the written information specified below.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the website;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
Masterman’s Copyright Agent for notice of claims of copyright infringement on its website can be reached as follows:
Masterman’s Copyright Agent
Fletcher, Tilton & Whipple
370 Main Street, 12th Floor
Worcester, MA 01608
WARRANTY INFORMATION
Masterman’s website is provided by Masterman’s on an "as is" and "as available" basis. Masterman’s makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MASTERMAN’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Masterman’s does not warrant that this website, its servers, or e-mail sent from Masterman’s are free of viruses or other harmful components. Masterman’s will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Any customer purchasing a product from Masterman’s is entitled to the manufacturer’s warranty, if any, that accompanies the product that was purchased by the customer, but Masterman’s makes no express warranties or implied warranties including, but not limited to, the warranty of merchantability and the warranty of fitness for a particular purpose for any product. You may obtain a copy of the manufacturer’s warranty for a product by contacting us through this website. Masterman’s does not endorse, recommend, or have control over any specific use of any product shown on this website or its catalog. Any illustrations and descriptions are for the sole purpose of identification, and do not express or imply a warranty that the product will necessarily conform to the illustrations or descriptions. At Masterman’s discretion, based on criteria solely of Masterman’s choosing, Masterman’s may provide customers with replacement merchandise, store credit or cash refund, but in all events, liability is limited to, and shall not exceed, the purchase price paid. Any replacement of merchandise, refund of purchase price, issuance of store credit or issuance of a cash refund shall be done for customer service purposes only and shall not imply or expressly state any warranty on the product made by Masterman’s. In addition to disclaiming all express and implied warranties, Masterman’s specifically disclaims all warranties to third parties.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT POSSIBLE UNDER LAW, MASTERMAN’S WILL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IS STATED IN THE MANUFACTURER'S WARRANTY, IF ANY, ACCOMPANYING THE PURCHASED PRODUCT. IN NO EVENT SHALL MASTERMAN’S LIABILITY EXCEED THE REPAIR OF THE ITEM BY MASTERMAN’S, REPLACEMENT OF THE ITEM BY MASTERMAN’S WITH COMPARABLE GOODS, OR THE PRICE PAID FOR THE PRODUCT PURCHASED FROM MASTERMAN’S.
APPLICABILITY OF STATE LAW
SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY. THE DISCLAIMER OR LIMITATION OF WARRANTY OR LIMITATION OF LIABILITY IS VOID WHERE PROHIBITED BUT ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. CUSTOMERS MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.
