Introduction

Welcome to BW Masterson.com. This Site is provided by BW Masterson Heating and Air Conditioning Inc. (referred to throughout this Site as "BW Masterson.com") as a service to our customers. Please review the following basic rules that govern your use of the BW Masterson.com site. Please note that your use of the BW Masterson.com site, constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass these Terms of Use, your use of this Site still binds you to these Terms of Use. BW Masterson.com reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we recommend that you review these Terms of Use whenever you use this Site.

Pricing and Content

While BW Masterson.com strives to provide accurate pricing information, pricing or typographical errors may occur. BW Masterson.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, BW Masterson.com shall have the right, at BW Masterson.com's sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, BW Masterson.com may, at BW Masterson.com's discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Merchandise Content: BW Masterson.com attempts to be accurate in its product descriptions. However, BW Masterson.com does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition. Objectionable Content: You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that BW Masterson.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. 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.

Quantity Limits and Dealer Sales

BW Masterson.com reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. BW Masterson.com also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from BW Masterson.com for the purpose of engaging in a commercial sale of that same product(s) with a third party.

Cancellation and Returns

BW Masterson must approve cancellation of any order prior to shipment. Orders for Special or Non-standard Products (sheet metal, fabricated parts or otherwise) may not be cancelled or returned. Any returns for shipping errors, damage or loss upon delivery must be reported within 5 days of the delivery date. Except as otherwise agreed, Products will not be accepted for return after 15 days from the date of delivery to the Purchaser. Any cancellation or returns accepted after 15 days may be subject to a restocking fee and other charges, for which the Purchaser shall be solely responsible. Purchaser is responsible for return shipping fees and Product must be returned in resalable condition and accompanied with an Invoice.

Force Majeure

BW Masterson will not be liable or held responsible for any delays or losses resulting, directly or indirectly from Acts of God, severe weather conditions, labor disputes, governmental actions, inability to obtain permits, licenses, raw materials or shipments of product, war, riots, shortages and any other circumstances or causes beyond our reasonable control.

Freight Charge

Unless otherwise stated with the order, Purchaser will pre-pay for any freight costs associated with the delivery of product to its destination. Any extra or additional charges or services rendered in transit or at the destination will be the responsibility of Purchaser. Title and risk of loss will pass to Purchaser upon delivery to the common carrier.

Dispute Resolution

The parties shall exercise their best efforts to resolve by negotiation any and all disputes, controversies or differences arising out of or relating to this Agreement. All disputes, controversies or differences between the parties that are not settled by negotiation shall be decided in accordance with the Commercial Rules of the American Arbitration Association and judgment will be entered on the award. The arbitrator will be bound by the express terms of this Agreement. The site of arbitration will be a mutually agreeable location in the State of Texas and the arbitrator(s) will be bound by the applicable laws of the State of Texas

Suitability of Products

Suitability of Products are sole responsibility of the Purchaser. Many states and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary. We cannot guarantee compliance with any and all codes, regulatons, governing bodies, and cannot be responsible for how the product is applied or used. BW Masterson attempts to ensure the quality of our supply chain and the products offered. Under no circumstances will BW Masterson be responsible for any loss or damage arising out of Purchaser's improper selection, misapplication, misuse of a product or otherwise

Warranty Disclaimer

NO WARRANTY, EXPRESS OR IMPLIED, IS MADE BY BW MASTERSON. BW MASTERSON DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO THE MISUSE, IMPROPER SELECTION OR MISAPPLICATION OF THE PRODUCT. ANY WARRANTIES, IMPLIED OR OTHERWISE, MAY BE OFFERED BY THE RESPECTIVE MANUFACTURER AND SHALL BE EXCERCISED AT THEIR SOLE DISCRETION.

Questions?

At any time, you may contact us with questions concerning this use of this site and all policies therein.Questions

TACLA021280C