RETAIL TERMS OF SALE
Last Updated: February 2018
ORDER AND ACCEPTANCE
All advertisements on this Site are invitations to purchase and not offers to sell. IMS Heating & Air, Inc. reserves the right, at its sole discretion, to accept or reject the order once you have completed and placed your order.
Each part of an order that you submit to us constitutes an offer to purchase merchandise. If you have placed your order through this Site, after we receive your order you will receive an email from us confirming receipt of your order, usually in minutes. If you do not receive an email, contact us before you try to place another order for the same merchandise. You should note that the email that we send to you confirming receipt of your order does not constitute our acceptance of your order.
IMS Heating & Air, Inc. is not deemed to have accepted your order (or any part of your order) until the requested service is reviewed upon the initial visit from a service technician.
If we reject your order because of an error in pricing or other information about the merchandise, we will notify you at the email address you provided and ask you whether you would like to re-submit your order to purchase the relevant merchandise once we have corrected the error. If we have notified you that we have accepted your order by sending you a shipment confirmation email, you will not be required to pay more than the price that was displayed on this Site at the time that you placed your order. If we have sent you merchandise which is different from the description of the relevant merchandise on this Site at the time that you place your order, you can return or exchange it. For more details, please see the return and exchange policy, which governs all returns and exchanges made involving items purchased on this Site.
Although it is rare that IMS Heating & Air, Inc. would refuse to accept an order, we reserve the right to deny any order for any reason, including where the following situations arise:
ERROR IN PRICING
In the event that an item is listed at an incorrect price due to an error in pricing, IMS Heating & Air, Inc. will have the right, at IMS Heating & Air, Inc.’s sole discretion, to reject or cancel any orders placed for that item. In the event that an item is mispriced, IMS Heating & Air, Inc. may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
ERROR IN BILLING, PAYMENT OR SHIPPING INFORMATION
Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to:
an incorrect credit card or debit card number, expiration date and/or card security value, or information regarding other payment types;
incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record);
an insufficient or incorrect shipping address (including street address, city, state, zip or postal code);
or any suspected fraudulent information.
IMS Heating & Air, Inc. is happy to refund any purchase of a service plan prior to a technician visiting your home provided the cancellation is requested within 10 days of your purchase. No refunds will be provided after 10 days from purchase or once a technician has visited your property for a consultation, review, or service.
MERCHANDISE SHIPPING DELAY OR UNAVAILABILITY
The purchase of products on this Site is subject to availability. If an item of merchandise is delayed out of our fulfillment center or becomes unavailable, or if there is an error on this Site relating to the order (for example, an error relating to the price or description of merchandise) Rest Refreshed may cancel the order. If this occurs we will contact you so you are aware. In the event that IMS Heating & Air, Inc. advises you that any products are no longer available, IMS Heating & Air, Inc. will have no obligation to fulfill your order and you have no obligation to pay IMS Heating & Air, Inc. for the order.
PREVIOUS FRAUDULENT ORDER HISTORY
IMS Heating & Air, Inc. may refuse to accept any order if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We may also refuse any orders connected with a previous credit card dispute.
ENGAGEMENT WITH IMS Heating & Air, Inc.’s AFFILIATES
IMS Heating & Air, Inc. reserves the right, but does not have the obligation, to block from receiving marketing communications or to remove and unsubscribe from all IMS Heating & Air, Inc. platforms any email address, phone number, and/or mailing address associated with customers determined by IMS Heating & Air, Inc. to have characteristics of reselling and/or customer orders determined by IMS Heating & Air, Inc. to be fraudulent. IMS Heating & Air, Inc. platforms affected by such removal include but are not limited to: (i) any of IMS Heating & Air, Inc.’s online accounts; (ii) promotional club memberships; (iii) email marketing lists; (iv) text messaging programs; or (v) direct mailing lists. In addition, affected customers may be prohibited from accessing or registering for all of the aforementioned platforms in the future.
PRICES AND PAYMENTS
IMS Heating & Air, Inc. may vary the price of its merchandise at any time. After we accept an order, we will not alter the price, except for merchandise eligible for a price adjustment.
DISCLAIMERS OF WARRANTIES
To the maximum extent permitted by applicable law, IMS Heating & Air, Inc. disclaims all warranties and conditions of any kind, whether legal, statutory or otherwise, express or implied (including implied warranty of merchantability and fitness for particular purpose, quality and non-infringement), relating to this Site or any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability or any transaction conducted on this Site, whether arising from statute, course of dealing, usage of trade or otherwise. IMS Heating & Air, Inc. makes no representations or warranties and provides no conditions in connection with this Site or any content, information or goods accessed or offered through this Site or their use.
Some jurisdictions do not allow the limitation on implied warranties and conditions. If these laws apply to you, some or all of the above disclaimers may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL REST REFRESHED OR ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO ANY PARTY FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE (INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OF ANY KIND, LOSS OF OPPORTUNITY AND ANY PROPERTY DAMAGE, INJURY, ILLNESS OR DEATH), WHETHER IN CONTRACT, IN TORT OR OTHERWISE, EVEN IF IMS Heating & Air, Inc. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING FOR DAMAGES ARISING IN CONNECTION WITH OR RELATING IN ANY MANNER WHATSOEVER TO: (A) this Site; (B) any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability (including inability to use); (C) any transaction conducted on this Site; and (D) any unauthorized access to or alteration of your data or personal information.
EACH PROVISION OF THESE TERMS OF SALE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND IMS Heating & Air, Inc. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND IMS Heating & Air, Inc. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS OF SALE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND DO NOT COMPLETE YOUR PURCHASE. YOU ACKNOWLEDGE, BY CLICKING YOUR ACCEPTANCE TO THESE TERMS OF SALE, THAT YOUR USE OF THE SITE AND ANY PURCHASE OR USE OF ANY ITEMS OFFERED FOR PURCHASE THEREIN IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
If the above exclusion or any portion thereof is found to be invalid or unenforceable for any reason, then the aggregate liability of IMS Heating & Air, Inc. for damages of any nature or kind suffered by you shall in no event exceed the purchase price of your transaction for the item involved in your claim.
APPLICABLE LAW; DISPUTES
IMS Heating & Air, Inc. is located, and controls the Website, from its offices within the State of North Carolina. THE TERMS OF SALE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA, U.S.A., WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES OF ANY JURISDICTION. ANY DISPUTE SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN FORSYTH COUNTY, NORTH CAROLINA, U.S.A., AND YOU HEREBY IRREVOCABLY AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION AND VENUE OF SUCH COURTS. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THESE TERMS OF SALE SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS OF SALE WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS PARAGRAPH, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. The Terms of Sale are not enforceable by any party except for IMS Heating & Air, Inc. and its customers.
ADDITIONAL TERMS AND RESOURCES
The various section headings used herein are inserted for convenience of reference only and shall not affect the meaning or be used in the interpretation of these Sales Terms or any section thereof. For purposes of these Terms of Sale: (a) the words “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to these Terms of Sale as a whole. If any term, provision, covenant, or condition of these Terms of Sale is held by a court or arbitral panel of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. IMS Heating & Air, Inc. shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control, including weather-related and other uncontrollable shipping delays. The delay or failure of IMS Heating & Air, Inc. to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit IMS Heating & Air, Inc.’s rights with respect to such breach or any subsequent breaches.
CHANGES TO TERMS OF SALE
The Terms of Sale applicable to your order are the Terms of Sale in effect on the date that you place your order, as made available to you when you complete the checkout process. IMS Heating & Air, Inc. may modify its Terms of Sale from time to time in accordance with applicable laws. Any such modification will apply to an order placed after the effective date of the modification. Therefore, each time you place an order with IMS Heating & Air, Inc. you represent that you have accessed, read and accepted the Terms of Sale applicable to and governing that order.