Users of the Services offered by ShearerSupply.com acknowledge and accept the following terms and conditions.
Owner of ShearerSupply.com and related Services
Shearer Supply, Inc. PO Box 117206 Carrollton, TX 75011(469) 324-4001
Information about ShearerSupply.com
ShearerSupply.com is an ecommerce platform ("Service") which sells heating, ventilation and air conditioning (HVAC) products. Users may find information and buy products online.
Orders are subject to availability and to Shearer's discretionary acceptance. ShearerSupply.com accepts credit cards, and allows COD and open credit terms on prior agreement.
Users must select the products and perform the check-out, after having attentively verified the information in the order summary. The order is placed by the confirmation of the same, and is subject to payment of the price, taxes and shipping and further payment fees indicated in the checkout page.
Shearer reserves the right to invalidate an order by informing the User within 20 days of purchase, using the email address associated with their purchase, about the unavailability of one or more of the purchased products. In this case, Shearer will refund the price and the shipping costs incurred by the User.
Methods of payment
ShearerSupply.com uses third-party tools for credit card payment processing.
Users are responsible for the payment of all applicable state and local taxes. Sales tax exempt Users should provide Shearer with a valid sales tax exemption certificate prior to making any transaction.
Availability of products
Prices, descriptions, or availability of the products displayed are subject to change without notice. The photos posted are indicative only and do not constitute a guarantee for the quality of the products.
The prices displayed on ShearerSupply.com are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added on the Checkout page.
The Order is completed in accord with the details specified on the Checkout page and within the Order Confirmation email, subject to availability of the product ordered.
Shearer shall not be liable for damage suffered as a result of delays in delivery, which are not dependent on circumstances foreseen by the parties at the time of the order confirmation. Users can cancel any order at any time prior to shipment.
Upon delivery, the User must verify the contents specifying any variance from the delivery form. All damages must be reported to the carrier as well as to Shearer. In case of failure to accept delivery by the deadline set by the carrier, the products will be returned to Shearer, who will refund the purchase price but not the shipping cost. Shearer cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for any damage occurring to products after delivery to the carrier company or for delays in delivery attributable to it.
Right to return
In case of purchase of products or services via ShearerSupply.com the User has the right to return any product purchased without specifying the reason, within 30 calendar days. The return period expires after 30 calendar days from the day User takes delivery of the products. To exercise the right of return, the User must inform Shearer of their decision to return.
Damaged goods, or goods used in any way other than what is strictly necessary to establish their nature, characteristics and functioning, will not be replaced or refunded.
The right of return does not apply to goods that were custom made to the consumer's specifications or clearly personalized.
Limitation of Warranty
ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THE POSSESSION OF SPECIFIC QUALITIES, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
The User assumes the obligation to check the goods purchased carefully upon their delivery. Unless objections are raised upon delivery and immediately notified in writing to the carrier and Shearer the goods shall be deemed accepted without reservations.
All goods distributed by Shearer are shipped to the Users with their manufacturer's warranty. The manufacturer, and not ShearerSupply.com is responsible for any repairs and their costs.
If the User exercises their right of return in accordance with the provisions contained in these Terms, Shearer will reimburse the sums paid by the User following the same process as the original payment. Reimbursement is free of charge, within 14 days of the date of receipt of the goods.
Deleting User accounts and account termination
Registered Users can cancel their accounts and stop using the Service at any time, by directly contacting Shearer. Shearer reserves the right to suspend or terminate the account of the User at any time and without notice.
The Service is provided by Shearer "as is", with no express or implied warranty for accuracy or availability.
Shearer reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, Shearer will do the utmost to allow Users to withdraw their information hosted by Shearer.
Users are not allowed to reproduce, duplicate, copy, sell, or exploit any portion of ShearerSupply.com and of its Service without Shearer's express permission.
The User agrees to indemnify and hold Shearer, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the User's content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
Users may not:
- reverse engineer, decompile, disassemble, modify or create derivative works based on ShearerSupply.com or any portion of it;
- circumvent any technology used by ShearerSupply.com or its licensors to protect website content;
- copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through ShearerSupply.com;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of ShearerSupply.com or its content;
- use ShearerSupply.com in any other improper way that violates these Terms.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning ShearerSupply.com are, and remain, the exclusive property of Shearer or its Vendors and are protected by the laws in force on trademarks and by related international treaties.
Users declare to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use ShearerSupply.com.
Limitations of liability
The User expressly releases and exempts Shearer from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.
All product information, images, material safety data sheets (MSDS), specifications, data sheets and submittal sheets on ShearerSupply.com originate from the manufacturers of the products. Shearer and/or its subsidiaries do not independently verify, and in accordance do not warrant and are not liable for, the accuracy of this information. Any additional questions related to the product should be directed to the manufacturer of the product.
Changes to these Terms
Shearer reserves the right to modify these Terms at any time, informing Users by publishing a notice within the ShearerSupply.com website. Users who continue to use ShearerSupply.com after the publication of the changes accept the new Terms in their entirety.
Assignment of contract
Shearer reserves the right to transfer, assign, or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of Shearer.
All communications relating to ShearerSupply.com must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where Shearer has their registered offices. An exception of this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
The service provided by ShearerSupply.com as described in these Terms and in ShearerSupply.com.
Any user of the Service, whether a human being or legal entity.
Terms and Conditions (or Terms)
These Terms of Service, which constitute a legally binding agreement between the User and Shearer.
Order Processing Receipt
Indicates the email that Shearer sends upon receipt of the Order.
Indicates the email that Shearer sends as shipping confirmation at the moment when the purchased products, or parts of them, are being dispatched.
Revised March 7, 2019