The following information is provided for reference and to answer most of your questions.
HOLEINWATER.COM is a W3NET, LLC company. If you need more detailed information, please call (866) 996-7596 General The
HOLEINWATER.COM website was created for the exclusive use of our customers, and are intended for research and buying purposes only. No
HOLEINWATER.COM print or online publication may be duplicated, redistributed or modified in whole or part without prior written authorization. All
HOLEINWATER.COM policies, terms and conditions are subject to change without notice. If the General Terms and Conditions provided on our website do not answer your specific questions, or if you need more detailed information, please call (866) 996-7596. Right of Offset At any time that an amount is due
HOLEINWATER.COM, HOLEINWATER.COM shall have the right, without prior notice, to set off and apply any amounts otherwise owed by
HOLEINWATER.COM to purchaser, to any amounts owed to HOLEINWATER.COM by purchaser, in all cases. Prices & Availability Because of the fast-moving nature of the industry, prices and availability are subject to change without notice.
HOLEINWATER.COM is unable to issue price adjustments due to manufacturer price changes after date of original sale. We do our best to provide the most accurate, up-to-date information, but errors do occur and we reserve the right to make changes without notice.
HOLEINWATER.COM will inform you when a product is not in stock, and can tell you when we expect the product will be available. Anticipated delivery dates are based upon vendor supplied information and are subject to change. Typographic, Photographic and Technical Errors Although we do our best to achieve 100% accuracy, occasionally errors and inaccuracies do occur. Should you encounter an error or inaccuracy, please inform us so it can be corrected. Products and packaging depicted may differ from stock available at the time of order. If an error is made and a product is listed at an erroneous price,
HOLEINWATER.COM may, at its discretion, refuse or cancel any orders placed at the incorrect price. If an order has been confirmed and charged to your credit card at the incorrect price,
HOLEINWATER.COM shall have the right to immediately issue a credit in the amount of the incorrect price. Warranty Disclaimer and Limitations on Liability:
HOLEINWATER.COM PASSES THROUGH TO ITS CUSTOMERS ALL MANUFACTURERS’ WARRANTEES AND GUARANTEES THAT ARE PROVIDED FOR THE PRODUCTS IT SELLS.
HOLEINWATER.COM MAKES NO ADDITIONAL OR INDEPENDENT WARRANTIES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
HOLEINWATER.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
HOLEINWATER.COM SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS OR OPPORTUNITIES), OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF
HOLEINWATER.COM FOR ALL DAMAGES SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE PRODUCT. LIKEWISE,
HOLEINWATER.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS CATALOG OR WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. ALL MERCHANDISE IS SOLD "AS IS". PLEASE CHECK MANUFACTURER PACKAGING AND MATERIALS FOR COMPATIBILITY.
HOLEINWATER.COM MAKES NO WARRANTY AS TO THE PERFORMANCE OF ANY MERCHANDISE SOLD. WE ARE NOT RESPONSIBLE FOR SYSTEM DOWNTIME, LOST DATA, ETC. THIS DISCLAIMER BY
HOLEINWATER.COM IN NO WAY AFFECTS THE TERMS OF ANY APPLICABLE MANUFACTURERS’ WARRANTIES OR GUARANTEES.
HOLEINWATER.COM WILL PROVIDE COPIES OF SUCH WARRANTIES AND GUARANTEES UPON REQUEST BY CALLING (866) 996-7596 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE. Disputes:
Any claims against
HOLEINWATER.COM relating in any way to your purchases from HOLEINWATER.COM
or affiliated websites shall be submitted in confidentiality for arbitration in Baxter County, Arkansas. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. In any such arbitration, the parties shall be responsible for their own costs, expenses, and attorney’s fees. In the event that this arbitration provision is unenforceable, any litigation regarding this agreement or any transaction between the customer and
HOLEINWATER.COM shall be brought in the state or federal courts located in Arkansas, and the customer hereby agrees and submits to such jurisdiction and venue as exclusive and proper. Governing Law:
Transactions between you and
HOLEINWATER.COM, and any disputes arising between you and HOLEINWATER.COM related to any interaction between you and
HOLEINWATER.COM websites, including but not limited to claims relating to the content of its catalogs and website, shall be governed by and construed in accordance with the laws of the State of Arkansas without regard to the laws regarding conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
This agreement, the policies printed in the
HOLEINWATER.COM catalogs and on the HOLEINWATER.COM Web site, and the policies, terms and conditions stated on the applicable
HOLEINWATER.COM invoice or packing slip, constitute the entire agreement between the parties relating to the subject matter herein, and cannot be modified except in a written agreement signed by both parties. Jurisdiction
Unless otherwise specified, this website is presented solely for the purpose of promoting products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by
HOLEINWATER.COM. from its offices within the State of Arkansas, United States of America. Those who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with laws governing export of software and other applicable laws, including local laws, if and to the extent local laws are applicable. Title Risk of Loss:
Title to items being purchased passes from
HOLEINWATER.COM to purchaser at the time of shipping. Customer takes on full liability for safety and validity of delivery address given to us at the time of purchase.
HOLEINWATER.COM will not incur any forwarding costs on shipments.
HOLEINWATER.COM shall not be responsible for damages or delays resulting from Acts of God, war, riot, seizure, terrorist activities, embargo, or other acts or events nothing within the reasonable control of
HOLEINWATER.COM. Logos, Trademarks, Service Marks
HOLEINWATER.COM (and websites operated by HOLEINWATER.COM) and their respective logos' copyrights
are owned by W3NET, LLC. and all other distinctive site logos, marks and graphic elements on the
HOLEINWATER.COM websites are copyrights of W3NET, LLC. and are subject to applicable copyright protections. All other company, product, and service logos, marks and names in
HOLEINWATER.COM. print and online advertising are or may be trademarks or service marks of the companies and organizations mentioned. All trademarks and registered trademarks are used to benefit, without intent to infringe on, the holder of the mark. Purchases for Export or Schools
If you purchase items for the purpose of export, you must obtain from the federal government certain export documentation, and that responsibility is solely yours. The terms of our agreements with some vendors represented in our online and print advertisements forbid us from exporting their products. Some products are not available for sale to schools. For specific issues contact our sales department at (866) 996-7596. Internet disclaimer
Internet connectivity requires access services from an Internet Service provider. Contact your local Service Provider for Internet connectivity and access. 56K disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations limit download speed to 53Kbps. Y2K disclaimer
All products sold by
HOLEINWATER.COM are third party products and are subject to the warranties and representations of the applicable manufacturers, including but not limited to Y2K compliance.
HOLEINWATER.COM makes no representation or warranty with respect to the Y2K compliance of product sold. Third Party Service Contracts:
HOLEINWATER.COM is a reseller of various service contracts issued by and performed by third party service providers. We are not the providers of the services described in those contracts, and the third party service provider is the only party responsible for performing, or arranging for performance, of those services. You agree that the third party service provider is solely responsible for fulfillment of the service obligations, and you agree that you will look only to the third party service provider for any loss, claims or damages arising from or relating to the purchase and performance of those services. You also agree to release
HOLEINWATER.COM from any and all claims arising from or relating to the purchase and performance of the services to be provided by the third party service providers. In some states, those services may be subject to applicable tax. To the extent that such taxes are collected by
HOLEINWATER.COM , they are collected solely on behalf of the issuer of the service contract in
HOLEINWATER.COM ’s capacity as an independent sales agent for the service provider. Software Installations:
The customer gives
HOLEINWATER.COM permission to accept all software licenses on their behalf for any custom software installation. Order Cutoff Time Allow for at least two business days for your order to be processed. Each order must be credit approved and product availability, pricing and shipping must be determined before the order is transmitted to our distributor(s). Our distributors cutoff times vary by warehouse location and may range from 2:00pm EST to as late as 10:00pm EST. If you need further verification regarding your order, please call us at (866) 996-7596. Orders placed and approved anytime Sunday for in-stock items will be processed within two business days. We currently provide no price protection after a purchase has been made. Applicable Taxes
State and County Taxes will be applied only purchases shipped within the state of Arkansas. Any other sales, use, local or other applicable tax is the purchaser's responsibility . If you believe your purchases are not subject to sales tax, please contact your Account Executive for assistance at (866) 996-7596 prior to placing an order. International Orders
International orders: Restrictions and other special arrangements for your orders will need to be determined before processing an order. Please note that many products' warranties do not provide coverage outside the U.S., and some products may not be exported due to manufacturers' restrictions or U.S. laws.
HOLEINWATER.COM makes no representations regarding warranty coverage, compatibility, or serviceability for products that are used outside the U.S. Orders for shipment outside the US are subject to higher shipping rates, and applicable customs, duties and taxes, all of which are the responsibility of the customer. All international orders must be prepaid in full with U.S. funds, by PayPal.com, Wire Transfer or otherwise predetermined by a Contract. Additional Information:
HOLEINWATER.COM policies are subject to change without notice. We do our best to process all orders as rapidly and accurately as possible. However,
HOLEINWATER.COM is not liable for late or delayed shipments or system failures. Title to items being purchased passes from
HOLEINWATER.COM to purchaser at the time of shipping. If you purchase items for export, you must obtain from the Federal government certain export documentation. Terms of
HOLEINWATER.COM 's agreements with numerous distributors and vendors in the catalog forbid us from exporting product. Some products are not available for sale to schools. All trademarks and registered trademarks are used to benefit and without intent to infringe on the mark holder.
HOLEINWATER.COM logos are registered trademarks of HOLEINWATER.COM. |
