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Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.tesstools.net. The collective work includes works that are licensed to www.tesstools.net. Copyright 2003, www.tesstools.net ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.tesstools.net or purchasing www.tesstools.net products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.tesstools.net or to purchase www.tesstools.net products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.tesstools.net. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of www.tesstools.net used in the site are trademarks or registered trademarks of www.tesstools.net


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.tesstools.net  disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.tesstools.net  does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.tesstools.net  does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
www.tesstools.net  shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.tesstools.net has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Tess Tools llc  product is mistakenly listed at an incorrect price, www.tesstools.net  reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.tesstools.net   reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.tesstools.net  shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.tesstools.net  without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
www.tesstools.net may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.tesstools.net


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.tesstools.net  shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of  www.tesstools.net  must be commenced within one (1) year after the claim or cause of action arises. www.tesstools.net failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.www.tesstools.net  may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.tesstools.net  or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
www.tesstools.net  does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.tesstools.net  is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.tesstools.net reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable toTess Tools llc  in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless www.tesstools.net, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
 
Third-Party Links
In an attempt to provide increased value to our visitors, www.tesstools.net may link to sites operated by third parties. However, even if the third party is affiliated with www.tesstools.net  has no control over these linked sites, all of which have separate privacy and data collection practices, independent of . These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.tesstools.net seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
 
ReturnsPlease read the following Terms and Conditions of Use carefully before using this website. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Return or Cancellation Policy

Tool & Equipment Service Solutions (TESS) wants you to be satisfied with your purchase. If you are not completely satisfied, we will accept returns for merchandise credit within 15 days of delivery date. All returned merchandise must be in new, unused condition and in the original, unopened manufacturer’s packaging, including all documentation and accessories. The condition of the merchandise and packaging is at the discretion of Tool & Equipment Service Solutions. No products will be accepted without a Return Authorization (RA) number. Prior to your return, please contact us by email sales@tesstools.net for an RA number and return shipping address. Any package returned without an RA number on the box will be refused. All returns are subject to a restocking fee of 25% of the total invoice. If the part is drop shipped the restocking fee will vary by manufacturer. Merchandise credit will be issued for the returned item for the original purchase price less any fees including but not limited to shipping, restocking, and credit card fees. Any credit card charge back fee will be be subtracted from your store credit. All warranties must follow the manufacturer’s warranty procedures. Drop-ship items will follow the distributor’s return policy, which may not permit returns or have different re-stocking fees than TESS. Return shipping must be pre-paid by the customer and shipped to the address provided by Tool & Equipment Service Solutions. It is recommended that you insure your package for the full value. Any merchandise received damaged by Tool & Equipment Service Solutions must be rectified by you and your shipping service.
Please Note: 1st Class mail comes with no guarantees or warranty. We will provide a tracking number only. Please consider Priority Mail. If you require a signature you must request it.
Any return part with free shipping, will have the cost of shipping removed from the credit.
If your order is being dropped shipped the manufacturer reserves the right to ship the package with the carrier of there choice with no added expense to you
We will only ship to a PayPal confirmed address.
We reserve the right to upgrade or change shipping company at no extra cost to you
For orders cancelled before shipment,a 10% fee will be charge for restocking and credit card fees
Fireplace Refractories ,brick liners or panels that come broke will have to have a shipping claim filed. Tess Tools does not warranty shipping damage.
Credit cards are charged when the order is placed.
For orders over 500.00 shipping to a address different then the credit card billing address, contact us before placing the order.

Bosch/Robinair RA numbers s are intended for installation by trained professionals. Bosch suggests having its service parts installed by a qualified service technician at an Authorized Bosch Service Center. Installation of service parts by anyone other than an Authorized Bosch Service Center may result in denial of warranty coverage for damage resulting from improper installation. You assume all risk and liability if you decide to use anyone other than an Authorized Bosch Service Center to install service parts. In no way shall Bosch or an Authorized Bosch Service Center be liable for any loss or damage as a result of installation of service parts by anyone other than an Authorized Bosch Service Center, including, without limitation, any incidental or consequential damages.
Prop65
All product may expose you to chemicals including lead which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov

The following merchandise is not returnable under any circumstances:
• Special Orders
• Discontinued Merchandise
• Software-based products or downloads
• Robinair RA Numbers
• Robinair RA numbers are sold with no warranty
• Electronics, Electrical Components, Circuit Boards, and Batteries
• Service or Repair Parts
• Any Gas Related Products Gas Valves or Pilots
• Remote Controls
• A/C Compressors
For questions or more information about our return or cancellation policy, please contact us by phone 203-248-7553 or email sales@tesstools.net