Terms of service
OVERVIEW
This website is operated by primesuppliers.com. Throughout the site, the terms “we”, “us” and “our” refer to primesuppliers.com. primesuppliers.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall primesuppliers.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless primesuppliers.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@primesuppliers.com.
SECTION 21 - Additional Policies
Do Not Accept Damaged Goods
Open and Inspect your delivery BEFORE you sign for it.
Once you sign for it, the responsibility to make and manage a damage claim with the carrier that delivered it is now your sole responsibility.
Prime Suppliers LLC makes every effort to insure that all shipments are damage free upon shipment.
Shipping with liftgate service is Curbside Service Only.
Price Changes: We reserve the right to change pricing at ANY time on ANY product without notice. If you place an order on the same day as a price change that reduces the price on the product you ordered, you can email or call us to qualify for the reduced price. We then could credit your credit card for the difference. We also reserve the right to refuse the sale of a product at the listed price when a price change occurs.
Canceled Order: If after you place your order and you decide to cancel your order, we will gladly do so only if the order has not been shipped. To cancel, you must notify us no later than the next business day after placing your order. A $20.00 processing fee will be billed against your credit card for orders up to $1,000.00, $50.00 charge for orders up to $10,000.00 and charges for orders over $10,000.00 will be determined at time of cancellation.
Refused Shipment: Customers shall be charged all shipping charges, and a 20% restocking fee for all refused shipments (this covers cost to receive and inspect all returned items.
Order Mistakes Made by US: Call us immediately with a description of the issue and we will make arrangements for pick-up and then ship a replacement of the correct item.
"AS IS Not Returnable" Items: All AS IS Not Returnable Orders are Final Sales.
Special Orders: All Special Orders are Final Sales. A Special Order is anything that is designed to fit a specific vehicle/applications. Special Order items may take more time for delivery and the delivery time is determined by the manufacturer and is not under our control.
Returns & Refunds: Within thirty (30) days of receipt of your merchandise we will gladly accept your returns (except for AS IS Not Returnable & Special Orders as defined above). ALL returns require inspection upon receipt before any refund is transacted.
All returned merchandise must be uninstalled, unused and in NEW condition. The returned merchandise must be in the original packaging, and include all the parts, instructions, and accessories. Packages that have been opened may be subject to additional fees, unless all parts, items and accessories with documentation are returned with the item again in the ORIGINAL packaging. To return merchandise, you must first contact us at 866-478-2587 for a RMA # (only valid for fifteen (15) days) and we will provide the return shipping address. Send merchandise prepaid and insured with the RMA # printed on the box and include a copy of the original invoice.
All refunds will be issued less the actual shipping charges (sometimes included in the items selling price). Allow 3 to 4 weeks for refund.
In addition, some returns may be assessed a 20% restocking fee.
Damaged Merchandise in Transit: Claims for damage are different with UPS, FedEx and truck freight ("LTL (Less-Than-Truckload) Carrier"). When any carrier delivers a shipment to you, you are requested to inspect the package and its contents, and then sign the receipt. Be sure you receive the number of cartons you sign for. Inspect each box for signs of damage; look for crushed, torn, open, or unsealed tape, etc. DO NOT accept ANY damaged goods.
For UPS or FedEx act as follows: If the package is obviously damaged, you can refuse delivery. Call us immediately so we can initiate the replacement process. Any damage found after opening your boxes and examining the merchandise should be reported to us within one (1) business day to expedite the replacement process.
For LTL Carriers (Truck Freight) act as follows: Before signing for delivery, inspect each carton carefully for signs of damage. If you find any damage (crushed, torn, open, unsealed tape or if damaged in any way) it must be noted on the freight bill "at time of delivery". If damage to the merchandise is severe, you MUST refuse delivery. Freight damaged items so noted at "time of delivery" and will be replaced/repaired by the Carrier (LTL Carrier reserves the right to repair or replace) at no charge by the LTL Carrier. Contact the LTL Carrier terminal and advise of the noted damage at time of delivery. They will give you instructions on inspection and filing your claim. If you accept the Damaged shipment You will have all responsibility to make a claim with the trucking company.
If there is no visible or obvious damage (carton appears acceptable at delivery and no damage is noted on delivery receipt), but you discover broken items after opening, call the LTL Carrier within two (2) business days of receipt for instructions in placing a Concealed Damage Claim. Typically, a LTL Carrier will not give you 100% replacement value when filing a concealed damage claim and we will not assume the difference. You are responsible for verifying the condition of your merchandise upon receipt. Please inspect it carefully for shipping/handling damage prior to signing the delivery receipt.
LTL Carrier freight claims are paid directly to you, the consignee, all claims for damage or loss must be filed with the LTL Carrier. The name, address and phone number of the LTL Carrier is on the bill of lading given to you at the time of delivery. If the information is not there, request if from the driver or call your local phone directory operator for the information.
To protect yourself if you receive damaged merchandise, always keep the shipping cartons until your claim has been acknowledged and settled by the shipper. It is also a good idea to keep a detailed list of the damage and other documentation for your own file. If you accept damaged merchandise, the shipper (UPS, FedEx and truck freight ("LTL Carrier")) has the right to inspect the merchandise and original shipping cartons before processing your claim.
Defective Merchandise: If you think you have defective merchandise (this means it does not work properly), please call the manufacturer directly. Most manufacturers view defective merchandise as a warranty claim and will usually either repair or replace the merchandise (policies may vary from manufacturer to manufacturer).
Privacy Policy Statement: Your privacy is important to us, for that reason we do not sell information gathered about our customers to anyone.
Secure Transactions: All online orders are processed using a secure server, which encrypts all submitted information.
Suitability: We cannot guarantee compatibility or suitability of products sold for your particular situation. Every effort is made by us to recommend those products best suited for your described needs. Sometimes however, this is difficult to accomplish over the phone or internet, for that reason the customer is responsible to fully research compatibility and suitability prior to purchase.
Warranty: All merchandise sold by Prime Suppliers LLC is warranted by the manufacturer NOT Prime Suppliers LLC.
GOVERNING LAW; VENUE; DISPUTE RESOLUTION
All matters arising out of or relating to this Order or these Terms and conditions are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware. Any legal suit, action or proceeding arising out of or relating to this Order or these Terms and Conditions will be instituted in the federal or state courts having jurisdiction over State of Delaware. Each party irrevocably submits to the exclusive jurisdiction of the courts in any suit, action or proceeding.
In the event of any controversy or claim arising out of or relating to this Order or the Terms and Conditions, or a breach thereof, the parties shall resolve the matter through binding arbitration in accordance with the Rules for Compulsory Arbitration set forth in the Delaware Rules of Civil Procedure. The parties shall attempt to agree on a single arbitrator to hear the dispute and in the event they are unable to so agree, each party shall select their own arbitrator and the two arbitrators so selected shall select a third arbitrator and all three arbitrators shall hear and decide the matter. Each party shall be responsible for the costs of their selected arbitrator and shall jointly share the costs of the third arbitrator. In the event a single arbitrator is agreed upon, the parties shall jointly share the cost of the arbitrator. The arbitrator(s) shall have the authority to award the prevailing party in the arbitration the costs incurred for the arbitrator(s) as well as reasonable attorney fees and costs. The arbitration shall be held in State of Delaware. The selected arbitrator(s) shall be licensed attorneys in the State of Delaware with at least Ten years of experience in commercial litigation matters. The laws of the State of Delaware shall apply in any arbitration proceeding, without regard to principals of conflict of laws. Any party may enforce any award rendered pursuant to this arbitration provision by bringing suit in the State of Delaware, Superior Court or such federal court having jurisdiction over matters in State of Delaware. In the event of any controversy or claim or breach that is the subject of this arbitration provision, the complaining party shall notify the other party in writing of such controversy, claim or breach and the arbitration shall take place not later than 150 days after such notice. The parties shall agree on a single arbitrator no later than 20 days after such notice and if they are unable to agree shall select their respective arbitrators within 10 days thereafter.