Please
read this disclaimer carefully before using this website. By
using this website, you agree to these terms. If you do not
agree to these terms, please do not use this website.
By using this website you agree to the following:
DISCLAIMER OF WARRANTIES
EXCEPT AS LIMITED BY APPLICABLE LAW, ALL WRITTEN MATERIALS AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS
IS” AND “AS AVAILABLE” WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, TOLLMARK CORPORATION
(dba TOLLMARK ADDRESS LIGHTS), HEREAFTER, THE COMPANY, DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL MEET
YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE
UNINTERRUPTED OR ERROR FREE. FURTHER THE COMPANY DOES NOT
WARRANT THAT THE CONTENT OF THIS WEBSITE IS ACCURATE, RELIABLE,
OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR
TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;
OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE
OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
EXCEPT AS LIMITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL
TOLLMARK CORPORATION (dba TOLLMARK ADDRESS LIGHTS), HEREAFTER,
THE COMPANY, ITS OFFICERS, EMPLOYEES, SUBCONTRACTORS, SUBSIDIARIES,
VOLUNTEERS, LICENSORS, AGENTS, AFFILIATED COMPANIES (INCLUDING
CUSTOMERS OF THE COMPANY), THEIR EMPLOYEES, CONTRACTORS, MEMBERS,
OFFICERS AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
THE USE OF, OR INABILITY TO USE, THE WEBSITE. FURTHER,
THE DISCLOSURE OF, OR CORRUPTION, OR ERASURE OF DATA TRANSMITTED
OR RECEIVED OR STORED ON ANY HOST SERVER ASSOCIATED WITH THE
WEBSITE, INCLUDING CREDIT CARD OR OTHER FINANCIAL TRANSACTIONS. THE
USE OF ANY OTHER MATERIALS OR SERVICES PROVIDED, OR PROMISED
TO BE PROVIDED, ANY OTHER ACTIVITIES ASSOCIATED WITH THE CREATION
OR USE OF THIS WEBSITE. THIS LIMITATION APPLIES WHETHER
THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
NOTWITHSTANDING THE ABOVE, A CUSTOMER’S EXCLUSIVE REMEDIES
FOR DAMAGES, LOSSES AND CAUSES OR ACTIONS WHETHER IN CONTRACT,
TORT INCLUDING NEGLIGENCE OR OTHER WISE, AND WHICH ARE DIRECTLY
RELATED TO PRODUCT SOLD BY THE COMPANY, SHALL NOT EXCEED THE EXACT
DOLLAR AMOUNT OF COST OF SAID PRODUCT, IF PAID TO THE COMPANY.
INDEMNIFICATION
EXCEPT AS LIMITED BY APPLICABLE LAW, UPON REQUEST BY TOLLMARK CORPORATION
(dba TOLLMARK ADDRESS LIGHTS), HEREAFTER, THE COMPANY, YOU AGREE
TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS OFFICERS,
EMPLOYEES, SUBCONTRACTORS, SUBSIDIARIES, VOLUNTEERS, LICENSORS,
AGENTS, OR OTHER AFFILIATED COMPANIES (INCLUDING OTHER CUSTOMERS
OF THE COMPANY), AND THEIR EMPLOYEES, CONTRACTORS, MEMBERS, OFFICERS,
AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING
ATTORNEY’S FEES, THAT ARISE FROM THE CREATION OR USE OF
THIS WEBSITE. THE COMPANY RESERVES THE RIGHT TO ASSUME
THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT
TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE
WITH THE COMPANY IN ASSERTING ANY AVAILABLE DEFENSES.
CHOICE OF LAW AND FORUM
This AGREEMENT shall be governed by and construed in accordance
with the laws of the State of Arizona, excluding its conflicts
of law rules. You expressly agree that the exclusive jurisdiction,
for any claim or action arising out of or relating to goods or
services provided under or in relation to this AGREEMENT, shall
be filed only in the state or federal courts located in the State
of Arizona, and further agree and submit to the exercise of personal
jurisdiction of such courts for the purpose of litigating any
such claim or action.
SEVERABILITY
If any part of this AGREEMENT is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable
law to reflect, as nearly a possible, the original intentions
of the parties, and the remaining portions shall remain in full
force and effect.
PRODUCT USE: WARRANTIES, USE AND RETURN POLICIES
Installation of Product
Tollmark Address Lights manufactures
its address lights as Class II, non-hazardous, low-voltage fixtures
that should not be powered by more than a 16 vac Class II transformer. Our
address lights are not meant for any other purpose than to hold and
illuminate the identification numbers and/or letters of a residential
or commercial building. The fixture is not meant for interior
use and must be mounted on the exterior of a building. The
plug-in transformer supplied by us is meant for interior use only
and must be plugged-in inside a weather tight structure.
Tollmark Address Lights is a manufacturer only and does not provide
installation services. It is the responsibility of the purchaser
to follow all installation instructions in particular voltage minimums
and maximums supplied to the product.
If the purchaser hires someone to install the product it is strongly
advised it be a professional electrician or electrical contractor. It
is the responsibility of the purchaser to verify the hired installer
has followed the installation instructions, in particular the voltage
minimums and maximums supplied to the product.
Under no circumstances will Tollmark Address Lights be responsible
for the improper installation, modification or misuse of its products. Further,
Tollmark Address Lights will not be responsible for damages, injuries
or any other consequence arising out of the careless or improper
installation, modification or misuse of its products.
If a defect in the product is noticed prior to installation DO
NOT CONTINUE WITH THE INSTALLATION. Call us for instructions
at 800-477-7723. If a defect in the product is noticed after
installation leave the product up and call us for instructions
at 800-477-7723.
Warranty of Product
Tollmark Address Lights are
warranted to the original purchaser for a period of one (1) year
from the original purchase date or if purchased on new construction
from the original installation date. Tollmark Address Lights are warranted against defective
materials or workmanship only. THIS WARRANTY IS VOID IF
THE PRODUCT HAS BEEN MODIFIED, INSTALLED WITH HIGHER OR LOWER THAN
SPECIFIED VOLTAGE, DAMAGED BY ACCIDENT, UNREASONABLE USE, NEGLECT,
OR OTHER CAUSES NOT ARISING OUT OF DEFECTS IN MATERIALS OR WORKMANSHIP. Any
implied warranties arising out of this sale, including but not
limited to the implied warranties of merchantability and fitness
for a particular purpose are limited in duration to one (1) year
as stated above. Tollmark Address Lights shall not be liable
for loss of use of the product or other incidental or consequential
costs, expenses, or damages incurred by the purchaser or any other
user. Tollmark Address Lights shall not be liable for costs
associated with installation of the product or labor costs to replace
the product or parts of the product due to defects in materials
or workmanship.
30 Day Money Back Guarantee (Retail Purchases Only)
This
guarantee applies to retail product purchases only. If
for any reason you are not completely satisfied with the product
you ordered you may return it to us for a refund of your purchase
price less shipping and handling charges. Product must be
returned to our facility within 30 days of you receiving it, in
saleable condition.
Ship returns to: Tollmark Address Lights, 2165 W. Pine Dr.,
Prescott, AZ 86305
Builder and Dealer Returns Policy
Product may
be returned to us within 30 days of you receiving it. Because
of the custom nature of our product address number panels are not
re-useable. Refunds will be based on the product
being in saleable condition less the cost of the number panels
plus a restocking charge.
This AGREEMENT may be changed without notice. The user agrees
to be bound by the current version of this document. |