TERMS AND CONDITIONS
ACCEPTANCE OF AGREEMENT
All information provided on the site is subject to change without notice. While efforts have been made to make the site helpful and accurate, due to the open nature of the site, and the potential for errors in the storage and transmission of digital information, AllianceSupply.com does not warrant the accuracy of information obtained from the site. Although we strive to provide you with accurate prices and other information on the site, there may occasionally be errors on the site. Therefore, we reserve the right to refuse, cancel or limit any order for any reason. We may also require additional information or verification before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information or verification is required. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Alliance Supply reserves the right to change the nature of this relationship at any time, and to revise these t&c from time to time as Alliance Supply sees fit. Users who violate these t&c will have their access canceled and they may permanently be banned from using the site. We may amend this agreement at any time without prior notice to you. The latest agreement will be posted on the site. Therefore, you should review this agreement prior to each time you use the site. This agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, the content, products or services provided by or through the site, and the subject matter of this agreement. Users should check these t&c periodically. By using the site after we post changes to these t&c and policies, you agree to accept all policies and changes, whether or not you actually reviewed them.
USERS, PARTICIPANTS AGREEMENT
No person under the age of 18 should use the site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the internet use by their children. By accepting this agreement through your use of the site, you certify that you are 18 years of age or older. If you do not agree to, or cannot comply with, any of the terms or conditions of this agreement, you should not use the site. We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
INTELLECTUAL PROPERTY RIGHTS
The content, organization, site design, text, graphics, design, compilation, magnetic translation, digital conversion and other materials that are published on, form a part of, or are otherwise related to the site (collectively, the “content”) are intellectual property, including, without limitation, copyrights, trademarks, service marks, trade dress and/or other intellectual property that is owned, controlled or licensed by us or by our suppliers or by third parties who have licensed such materials to us, and are protected by U.S. and international copyright laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any materials from the site (or any other website owned or operated by Alliance Supply or its subsidiaries or affiliates) without our prior written permission. However, you may print in hard copy portions of the site with the sole intent of placing an order with us or applying for credit or personal or internal or non-commercial purpose. Any modification of materials, or any portion thereof, or use of materials for any other purpose constitutes an infringement of trademark or other proprietary rights of Alliance Supply or third parties. The copying, distribution, redistribution, use or publication by you of any of the content or any part of the site, is strictly prohibited.
We, our licensors and suppliers reserve all rights in and to the content and all other text, graphics, information and materials published on the site. Except for the limited license granted pursuant to this agreement, you do not acquire any ownership or license rights to the site or any portion of the content, other materials viewed through the site. Our posting of content on the site does not constitute a waiver of any right in such information and/or materials. No print out or electronic version of any part of the site or the content may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
‘Alliance Supply’, ‘Alliance Groups international, LLC’, ‘alliancesupply.com’, ‘my super store for industrial & office supplies’, ‘linking business globally for results’, ‘my super store for all business supplies’ and all other marks and associated logos displayed on the site are our trademarks or service marks or our domain names. Other product and company names mentioned or displayed on the site may be trademarks of their respective owners. No trademark or service mark license is granted in connection with the materials contained on, or your use of, the site.
LICENSE TO ACCESS AND USER CONDUCT
You may provide links to the site, provided that you do not remove or obscure, by framing or otherwise, advertisements, copyright notices, or other notices on the site, your site does not engage in illegal or pornographic activities, and you discontinue providing links to the site immediately upon request by us. You may also bookmark pages on the site, and therefore go directly to those pages without visiting our home page (and this agreement). However, your use of the site remains subject to this agreement.
The site may contain third party advertising and sponsorships. All third party advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in any such advertiser's or sponsor's materials.
Third party content may appear on the site or may be accessible via links from the site. All such content and links are provided only as a convenience to you. References on the site to any products, services, names, trademarks or third party websites (including, without limitation, all links thereto) do not in any way constitute or imply our recommendation, sponsorship or endorsement of such third party, product, service or information. We are not responsible for, and shall have no liability to you with respect to, any such product, service, information or third party web sites (including, without limitation, any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other portion or form of third party content). You understand that the information and opinions in any such third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. If you choose to link to any third party web site, you do so at your own risk.
REGISTRATION AND TERMINATION
Certain sections of, or offerings from, the site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate and truthful information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit; any other person using the registered sections under your name; or access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
Your right to use the site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
Alliance Supply may, in its sole discretion, terminate or suspend your access to all or part of the site, for any reason, including without limitation, breach of these t&c. in the event these t&c are terminated, the restrictions regarding materials appearing on the site, and the representations and warranties, indemnities and limitations of liabilities set forth in these t&c will survive termination. In the event that you are unsatisfied with the services provided by Alliance Supply, your sole remedy is to terminate your use of the site.
PRODUCT, PRICE, AVAILABILITY AND SERVICES INFORMATION
We do not represent or warrant that the site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the site.
We attempt to display all products shown on the site in an accurate manner; however, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the products. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to, any of our catalog, literature or websites does not constitute the right to purchase products. Alliance Supply reserves the right to revise publishing errors in its catalogs or any of its websites. Despite our efforts, occasional pricing errors may occur in our catalogs and websites.
Prices are subject to change without notice and cannot be guaranteed. Orders will be billed at the prices in effect at the time order is received. The shipment of orders is subject to approval by our credit department. Alliance Supply reserves the right to cancel any and all orders resulting from such pricing errors, even if customer has received an order confirmation from AllianceSupply.com.
The receipt of an email order confirmation is simply recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right, in our sole discretion, to limit the quantity of items purchased per person, per household, per billing and/or shipping address or per order; and to prohibit sales to dealers and resellers, or prohibit a sale altogether. We will notify you if we apply any of these limits.
Prices shown on the site apply to products and services on the site. Prices listed are discount, list, sale, your, retail, and wholesale prices, do not include freight, handling fees, taxes, and/or duties, and are subject to correction or change without notice. Market sensitive commodity products will be priced according to current market conditions. Export, corporate, business account orders may be subject to other special pricing. Alliance Supply reserves the right to accept or reject any order. All international orders require address verifications from genuine business and government references. All large orders require a signed credit card authorization form, a statement of understanding for your protection as well as ours. Price and availability are subject to change without notice
You are responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate. When placing an order, customer shall indicate which product is tax exempt.
PAYMENT AND CREDIT TERMS
You represent and warrant that if you are purchasing something from us or from merchants that: any credit information you supply is true and complete, charges incurred by you will be honored by your credit card company, and you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Alliance Supply accepts cash, checks, wire transfer payments, pay pal, Google checkout, money orders, Visa, MasterCard, Discover and American express. For customers with established Alliance Supply credit, payment terms are net thirty (30) days from the date of shipment of products. All credit extended by Alliance Supply to customer and the limits of such credit, is at Alliance Supply’s sole discretion, and may be reduced or revoked by Alliance Supply at any time, for any reason. As a condition for the continued extension of credit, you are agrees to provide Alliance Supply with current credit information and the latest annual financial statement within five (5) business days following request by Alliance Supply. Alliance Supply reserves the right to charge a convenience fee for late payments. Alliance Supply further reserves the right to charge customer a late payment fee for the amount due for each month or portion thereof that the amount due remains unpaid or such amount as may be permitted under applicable law. Anticipation and cash discounts are not allowed. Export orders are subject to special export payment terms and conditions. All payments must be made in U.S. Dollars. Alliance Supply has the right of set-off and deduction for any sums owed by customer to Alliance Supply.
If customer fails to make payment within thirty (30) days of shipment , or fails to comply with Alliance Supply’s credit terms, or fails to supply adequate assurance of full performance to Alliance Supply within a reasonable time after requested by Alliance Supply (such time as specified in Alliance Supply's request), Alliance Supply may defer shipments until such payment or compliance is made, require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys’ fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order. Additionally, customer, and each of its subsidiaries and affiliates, agrees to provide to Alliance Supply proper authorization necessary for Alliance Supply to request any financial information from third parties.
Customer agrees to assume responsibility for, and customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by customer, its subsidiaries and affiliates. Each of customer’s subsidiaries and affiliates purchasing from Alliance Supply are jointly and severally liable for purchases with customer, and customer is also acting as agent for such subsidiaries and affiliates.
SITE USE AND INFORMATION
We are commited to providing our cutomers with a great online shopping experience. This includes a commitment to our best customer service, even after your order has been delivered. You can shop in comfort knowing that we acknoledge and respect your privacy and security, please review all our policies. If you have any questions, comments, concerns, we'd love to help, please contact us: Alliance Supply, 1855 East Main St. Suite: 14-122, Spartanburg, SC 29307, USA. Tel: 1-864-641-1000, Fax: 1-866-334-0956, E-Mail: firstname.lastname@example.org
We reserve the right to investigate complaints or reported violations of this agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, i.p. addresses and traffic information.
We do not represent or warrant that you may legally purchase, possess, or carry any specific item offered for purchase through the site according to federal, state or local laws, including, without limitation, knives. By placing an order for any item on the site, you represent and warrant that you are under no legal restrictions which would prohibit you from ordering, owning, possessing, or transferring such item under applicable federal, state or local law, and will strictly comply with all such laws in connection with your possession, use and/or transfer of such item.
THIRD-PARTY POLICIES AND SERVICES
We may allow access to or advertise certain third-party product or service providers ("merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and merchants. You agree that use of or purchase from such merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our site.
All rules, policies (including privacy policies) and operating procedures of merchants will apply to you while on any merchant sites. We are not responsible for information provided by you to merchants. We and the merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
AllianceSupply.com may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. when used on our site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," “shall”, "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
COPYRIGHTS AND COPYRIGHT AGENTS
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work or any material has been copied in a way that constitutes copyright infringement, you may request to remove such materials, please provide our copyright agent the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number, and email address; (e) 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; and (f) 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. Our copyright agent for notice of claims of copyright infringement on the site can be reached by directing an e-mail to the copyright agent through our ‘contact us’ page.
INFORMATION AND PRESS RELEASES
The site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the site and the content and materials provided therein.
RETURN, REFUND AND EXCHANGE POLICY
Our return, refund and exchange policy, as it may change from time to time, is a part of this agreement. By using this site, you also agree to be bound by our return, refund and exchange policy. You must review our Return Policy by Clicking Here.
Products that have the icon free shipping, Alliance Supply will ship those items as prepaid by regular UPS ground or Fedex ground. As our price is very low we cannot offer free shipping on all items, however we will ship at lowest cost best way possible. Free shipping icon that is shipping to the 48 contiguous U.S. States. At this time, we are unable to offer free shipping to Alaska, Hawaii, Puerto Rico, the Virgin Islands, and APO/FPO locations. We can not ship to PO Box addresses. Once an order is submitted it can not be cancelled. Order will be delayed or cancelled if there is a payment issue. We can not guarantee on next day delivery on any items. Products that can not ship via UPS/FedExp, most non-ups-able items will ship via common carrier/freight.
Prices stated are F.O.B. origin or shipping point, freight prepaid to destination specified in the order. Alliance Supply may charge a shipping and handling fee, (which includes internal handling and related costs), on each order which is applied at time of order and may reflected on customer's invoice. Receipts for shipping and handling charges will not be furnished. Alliance Supply covers shipping and handling for standard ground delivery for an orders over US$1800 before tax and freight (including any backorders) for industrial supplies, mro supplies (except office & other supplies) to a single delivery location. COD shipments are not permitted. Other terms and conditions may apply for other than standard ground delivery ("other freight services"), including without limitation, expedited same day delivery, air freight, freight collect, export orders, hazardous materials, customer's carrier, shipments outside the contiguous U.S. or other special handling by the carrier. Any charges incurred for other freight services must be paid by customer. Fuel surcharges may be applied. Title and risk of loss pass to customer upon tender of shipment to the carrier. If the product is damaged in transit, customer's only recourse is to file a claim with the carrier. If you are shipping outside of the United States please review our International Shipping Policy. Please review our domestic and international Shipping Policy by Clicking Here.
All products sold are warranted by each manufacturer. As in general, all warranties are product-specific and vary by manufacturer; each claim is handled by the manufacturer. Due to circumstances beyond our control, we will not be held responsible or liable for any defective products. We reserve the right to refuse purchases due to incorrect prices, or any other incorrect information in our site. Product cross-reference comparisons do not imply that products are available or perfectly comparable. Cross-referenced products are not represented or warranted as functional or performance equivalents. Customer shall review all cross-referenced product specifications prior to purchase and use to determine suitability of the product for customer's intended use. No warranty or affirmation of fact, express or implied, other than as set forth in the limited warranty from the manufacturer, disclaims any liability for claims arising out of product misuse, improper product selection, improper installation, product modification, miss repair or misapplication. Alliance Supply expressly disclaims any warranty that the products: are merchantable; fit for a particular purpose; or do not and will not infringe upon other's intellectual property rights. Alliance Supply makes no warranties to those defined as consumers in the magnuson-moss warranty-federal trade commission improvement act. Alliance Supply expressly disclaims any liability for consequential, incidental, special, exemplary, or punitive damages. Alliance Supply’s liability in all circumstances is limited to, and shall not exceed, the purchase price paid for the product that gives rise to any liability. You must review our Warranty Policy by Clicking Here.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, suppliers, attorneys, advertisers, product and service providers, and affiliates (collectively, "affiliated parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this agreement or t&c of the site. You agree to cooperate as fully as reasonably required in the defense of any claim. Alliance Supply reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
DISCLAIMER, LIMITATION OF LIABILITY
THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ALL OTHER INFORMATION, MERCHANDISE, PRODUCTS, SERVICES, CONTENT, DOCUMENTS AND MATERIALS AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS.” TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NEITHER WE NOR ANY OF OUR SUPPLIERS OR AFFILIATED PARTIES HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE, INCLUDING ANY MERCHANDISE, PRODUCT INFORMATION OR SERVICE. THROUGH YOUR USE OF THE SITE, YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK. THE DISCLAIMER IN THIS SECTION DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF ANY ITEM PURCHASED THROUGH THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, AND WITHOUT LIMITING THIS SECTION, ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS EXPRESSLY DISCLAIMED. WE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL ON THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU SHOULD THEREFORE VERIFY ANY INFORMATION OBTAINED FROM THIS WEB SITE BEFORE ACTING ON IT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY SUCH LAW. YOU ACKNOWLEDGE AND AGREE THAT THIS DISCLAIMER IS AN ESSENTIAL PART OF THIS AGREEMENT, WITHOUT WHICH THE SITE WOULD NOT BE PROVIDED.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, OUR NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THIS WEB SITE, ANY OF THE SITES CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF US OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT PERMITTED BY SUCH LAW.
NEITHER WE NOR ANY OF OUR SUPPLIERS OR AFFILIATED PARTIES SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (1) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR ANY SERVICES OR PRODUCTS OBTAINABLE OR OBTAINED THEREFROM, (2) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES THEREOF, (3) YOUR USE OF THE SITE, (4) THE CONTENT CONTAINED ON THE SITE, OR (5) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONTROL OF A COVERED PARTY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, NEITHER WE NOR ANY OF OUR SUPPLIERS OR AFFILIATED PARTIES SHALL BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE AND THE MERCHANDISE, PRODUCTS, SERVICES, CONTENT, DOCUMENTS AND INFORMATION AVAILABLE ON THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE FOREGOING LIMITATIONS OF LIABILITY ARE ESSENTIAL PARTS OF THIS T&C, WITHOUT WHICH THE SITE WOULD NOT BE PROVIDED.
U.S. GOVERNMENT EXPORT RULES AND REGULATIONS
Alliance Groups International, LLC follows all U.S. Government export rules and regulations. All items purchased by our international customers are subject to export restrictions by the United States Government. Alliance Supply does not sell any products which is restricted or prohibited. If an export license is required to export an item, we will not ship the item. Customer shall be responsible, at its own risk and expenses, for obtaining any required authorization, such as an import license, foreign exchange permit or any other official government authorization, even though any such authorization may, at customer’s request, be applied for by Alliance Supply.
Customer shall provide to Alliance Supply with relevant end-use, end-user and country of end-use information with respect to the goods, services, software or technology to be supplied. Based on and in reliance on such information, Alliance Supply will sell such items in compliance with applicable trade and customs laws including that of the United States of America. Alliance Supply cautions and the customer acknowledges that any change in the end-use, end-user of country of end-use may be restricted or prohibited by applicable trade and custom law, whether it to be the U.S. or other country. Customers were not permitted to purchase our products; it shall not use and shall not permit any third party to use such items in connections with the design, production, use, or storage of chemical, biological or nuclear weapons or missiles of any kind. Alliance Supply complies with all U.S. trade and customs laws, our customer shall comply with all trade and customs laws of their country.
Alliance Supply shall not be liable; for any failure or delay in delivering the products or in the performance of its other obligations to our customers, caused by or arising out of (a) compliance in good faith with any applicable foreign or domestic governmental regulations or order of whatever nature and whether foreign, federal, state or local; (b) all acts of God (such as, but not limited to, floods, fires, or tornadoes); (c) strikes and other labor trouble; (d) delays or nonperformance by suppliers (or other third parties) of raw materials, power or other needed supplies or services (e) delays or nonperformance by transporting carriers; and/or (f) any other cause, contingency, or circumstance not subject to the reasonable control of seller effecting the performance of sellers obligations. Alliance Supply shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance affecting its performance obligations.
ELECTRONIC DATA INTERCHANGE
If Alliance Supply and customer mutually agree to use an electronic data interchange (“edi”) system to facilitate purchase and sale transactions, customer agrees that it will not contest: (i) any contract of sale resulting from an edi transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of edi records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. Alliance Supply and customer will negotiate and agree on technical standards and methods to use in making edi purchases, and will use reasonable security procedures to protect edi records from improper access. in the event of a conflict, the business records maintained by Alliance Supply regarding edi purchases made by customer shall be deemed to be conclusive.
THIRD PARTY PAYMENT PROVIDER
If customer elects to use a third party payment system provider (“third party provider”) and Alliance Supply is charged fees by the third party provider, Alliance Supply reserves the right to seek reimbursement from customer for any and all costs paid to the third party provider for the transfer of funds, retrieval of payment detail, or any other purpose from the third party provider.
Alliance Supply and customer are independent contractors and not principal and agent. Nothing contained in these terms and conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Customer does not have the right to bind or otherwise obligate Alliance Supply in any manner, nor may customer represent to anyone that it has the right to do so.
GOVERNING LAW, VENUE, WAIVER, SEVERABILITY
This agreement shall be treated as though it were executed and performed in Spartanburg, South Carolina, and shall be governed by and construed in accordance with the laws of the State of South Carolina (without regard to conflict of law principles). Any cause of action by you with respect to the site (and/or any information, documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the disclaimer and limitations set forth in above section. The language in this agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This agreement may be assigned by us in our sole discretion. You may not assign your rights or obligations under this agreement. Should any part of this agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the site is in conflict or inconsistent with this agreement, this agreement shall take precedence. Our failure to enforce any provision of this agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision or any subsequent breaches. Our rights under this agreement shall survive any termination of this agreement. This agreement and all exhibits and schedules attached to this agreement, if any, represent the entire understanding and agreement between you and us with respect to the subject matter of this agreement, and supersedes all other negotiations, understandings and representations (if any), whether oral or written, made by and between you and us.
Except with respect to actions by us to collect any amounts owed to us by you, or to collect or recover damages for, or obtain any injunction relating to, site operations, our intellectual property, and our services, all disputes, controversies or claims arising out of or relating to this agreement, or the performance or breach thereof, shall be settled exclusively by binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association. The arbitration shall be governed by the United States arbitration act, 9 U.S.C. §§1-16. The arbitration shall be conducted in Spartanburg County, South Carolina, U.S.A. any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in any court having competent jurisdiction. The arbitration shall be heard before an arbitrator mutually acceptable to both you and us; provided, that if you and we cannot agree on the choice of arbitrator within 10 days after the first party seeking arbitration has given written notice, then the American Arbitration Association shall appoint the arbitrator. The party submitting such dispute shall request and the American Arbitration Association shall; (a) direct the arbitrator to follow substantive rules of law and the federal rules of evidence; (b) allow for the parties to conduct discovery pursuant to the rules then in effect under the federal rules of civil procedure for a period not to exceed sixty (60) days; (c) require the testimony to be transcribed; and (d) require the award to be accompanied by written findings of fact and a statement of reasons for the decision. The arbitrators shall apply the substantive law of the State of South Carolina, without reference to provisions relating to conflict of laws. The arbitrator shall not have the power to alter, modify, amend, add to, or subtract from any term or provision of this agreement, nor to rule upon or grant any extension, renewal, or continuance of this agreement. The arbitrator shall have the authority to grant any legal remedy available had either you or we submitted the dispute to a judicial proceeding. Any provisions of this agreement not found to be in compliance with applicable law may be waived without abating the full force and effect of the underlying agreement to arbitrate.
COMMENTS, COMPLAINTS, COMPLIMENTS, SUGGETIONS AND QUESTIONS
AllianceSupply.com welcomes your feedback about the site. However, any comments, compliments, ideas, notes, messages, reports, suggestions or other communications sent to the site shall be and remain the exclusive property of Alliance Supply, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications in our site or media, all without compensation to you. Should you have any questions or complaints regarding violations of these t&c, and any comments or complements, please contact us.