VERSION: MMXX
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PLACING AN ORDER OR USING OUR WEBSITE
All users agree that orders and websites by Peremptory Inc. dba HDC 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 place an order or use our website.
HOW TO ORDER: No over the phone orders are accepted during any support or sales inquiry. You can place an order using the HDC website order form or by emailing us a Purchase Order (PO) to sales@poplocks.com. A P.O., at a minimum, must include the buyer’s company or personal name, billing\shipping address, part number and quantity, payment method, and due date. Our sales team will provide an order confirmation via email typically within one business day.
AMAZON ORDERS: For convenience to our customers, HDC supports a shopping site through Amazon.com that has a limited product catalog. These items are subject to change without notice. All users agree that orders are subject to terms and conditions established by Amazon.com and HDC. HDC uses UPS and USPS to ship all goods ordered through Amazon.com. It is the duty of the customer to provide accurate information to compute shipping charges. If the customer selects the wrong shipping method or provides faulty information, HDC has the right to contact the purchaser and may issue a new invoice for the corrected charges. If the customer refuses to pay the revised invoice, the order will be canceled and the customer will be issued a refund if payment has been made.
PURCHASE TERMS: All orders are due on receipt and must be paid in U.S. funds unless credit arrangements have been made prior to order (See CREDIT TERMS).
CREDIT CARD PURCHASE TERMS: We accept most major credit cards. All credit card purchases are subject to a 3% credit card processing fee. Credit card purchases can be processed by the customer via an HDC approved merchant portal or manually by calling our sales department. A sales representative will manually process payment via an HDC approved credit card processor. HDC encourages staff the policy of protecting customer information, however, it is still the duty of the customer to protect their credit card information from fraud.
FRAUDULENT CHARGE TERMS: In the event, payment is declined or reversed due to credit card fraud or delinquency, HDC reserves the right to contact the purchaser and may issue a new invoice that covers any previous balance plus any associated fees incurred through the incident. If the customer refuses to pay the revised invoice, HDC reserve the right to cancel their order. If goods and services have been exchanged, HDC reserves the right to pursue the customer via a collection agency or prosecute to the fullest extent Texas law will allow.
LEAD TIME: Average lead-time on orders is 3-5 business days, with the exceptions of Amazon.com and backorders, which varies and are handled on a case-by-case basis.
BACKORDERS TERMS: Backorders will be sent by the same method as the initial shipment. HDC will pay the additional fees. Unless the customer notifies us via email, backorders will be automatically canceled after 45 days from the day of the order, or if HDC is unable to fulfill the order.
SPECIAL HANDLING: With exception to Amazon.com orders, there will be an additional $15.00 handling fee for any orders requiring same-day shipping.
CREDIT TERMS: A first-order must be paid by (certified or company) check or credit card. Credit will only be extended after the submission of a completed credit application to sales@poplocks.com. The application must include two signed copies of the terms and conditions. Credit terms and credit limits are subject to change without notice. All credit customers are subject to a NET 30 term. The amount of credit extended is based on a customer’s history and may vary. HDC reserves the right to revoke credit for any reason. All estimates and invoices are emailed. It is the duty of the customer to provide up to date and accurate information.
DELINQUENCIES: It is the duty of the customer to keep the account in good standings with HDC. Failure to pay in a timely manner will result in future orders being placed on hold until the balance is paid in full. Any repeated delinquencies will result in the cancellation of credit terms. If credit terms are revoked, the customer will be responsible to re-apply for credit (Please see CREDIT TERMS).
BAD CHECKS: There is a $30.00 charge for any unfunded or returned checks. A returned check will be subject to Texas’s Bad Check Law. Under this law, HDC has the right to collect up to three times the amount on the check plus any filing or court fees.
TAXES: Taxes are subject to current Federal and State sales tax law. Resellers and Dealers must provide a valid Resale Certificate Number upon request or they will be charged the prevailing local sales tax.
SHIPPING & HANDLING: HDC uses UPS and USPS to ship all goods. Customers have the option to use their shipping account to ship their goods. It is the duty of the customer to provide accurate information to compute shipping charges. If the customer selects the wrong shipping method or provides faulty information, HDC has the right to contact the purchaser and may issue a new invoice for the corrected charges. If the customer refuses to pay the revised invoice, the order will be canceled and the customer will be issued a refund if payment has been made. HDC may charge a handling fee in addition to the shipping fee. If the order is canceled for any reason, including the customer’s failure to comply with the terms of this agreement, HDC will not refund the shipping or handling fee once the order has been shipped. The customer will be charged any “recall” fee charged by UPS to cancel the order in transit.
FREIGHT TERMS: All products shipped freight are F.O.B. from Austin, TX. We ship via UPS negotiated freight or freight collect. All freight is shipped without insurance. Buyers must instruct HDC to add insurance on outbound goods. Outbound shipment is 100% at the buyer’s risk.
Customers have the option to use their shipping account or negotiated 3rd party to ship goods. It is the duty of the customer to provide accurate information when processing shipment through these processors. If the customer selects the wrong shipping method or provides faulty information, HDC has the right to contact the purchaser and may issue a new invoice for the corrected charges. If the customer refuses to pay the revised invoice, the order will be canceled and the customer will be issued a refund if payment has been made.
PRICING AND TYPOGRAPHICAL ERRORS: All prices and product specifications are subject to change without prior notice. Please check with our sales team before placing an order. In the event HDC products are mistakenly listed at an incorrect price, the company reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. HDC 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 canceled, HDC shall issue a credit to your account in the amount of the incorrect price.
EVALUATION AND TESTING SERVICES: As a convenience to customers, we provide an evaluation and testing service. This includes examing and programming of HDC products only. The labor for this service is free of charge, however, HDC reserve the right to charge a fee for administrative and shipping costs associated with the service. The minimum charge for this service is $19.00 USD. Requesting this service requires an email to support@poplocks.com. During this process, an email with be provided with instructions and a return authorization (RA) number (please see RETURNS).
RETURNS: Merchandise returned for any reason must be clearly marked on the outside of the package with a pre-issued Return Authorization (RA) number. The buyer is responsible for shipping costs when returning items to HDC. To request an RA you must submit your claim via email to support@poplocks.com. Any repairs must first follow the claims procedure located on our company website www.poplocks.com. Any packages returned without the RA number will not be received. Any merchandise returned for any reason other than defective or HDC shipping errors will be charged a 15% restocking fee. These returns will be issued as a credit for future orders. The issued RA will automatically cancel after 20 calendar days from the date issued if HDC does not receive the return.
WARRANTY RETURNS (CREDIT/CREDIT CARD PLEDGES): Should a customer require replacement product sent prior to returning an alleged defective product, HDC requires a customer to authorize a temporary charge to either their active credit account or valid credit card that is equal to the replacement part(s) plus any associated fees. This charge will become a permanent charge if the following occurs, the presumed defective product is not returned within 20 calendar days; if the product is determined to be non-defective; or if the product has been determined to have been abused or installed incorrectly; or if the product has been subjected to abnormal wear or physical damage.
LIMITED SUPPORT: HDC’s company office is open from 7:00 AM to 4:00 PM (Central Standard Time). To assist our customers, HDC provides product installation, troubleshooting and other information on the company’s website. This information is subject to change without notice. HDC also offers limited phone support that is available Monday to Friday from 8 AM to 3:30 PM (Central Standard Time). Our main phone number is (512) 301-0303.
LIMITED WARRANTIES: Limited Warranty is defined as a good sold to a customer that is determined to be defective by HDC. All HDC electronic items have a one-year limited warranty from the date of purchase, except for flat actuators and hardware, which have a limited lifetime warranty. HDC reserve the right to perform necessary diagnostics and testing prior to issuing any credits, refunds or replacement parts. HDC has the right to charge an administrative fee associated with a warranty claim that produces an expense that was produced by the customer.
All customers are responsible to submit a claim within the warranty time period by email to our support department. The email is support@poplocks.com.
Damage caused by improper installation, over-triggering or improper fusing will void the warranty. HDC strongly recommends the use of SAE standards when installing HDC products. International customers must practice their official standards with the consideration HDC products are primarily made for US customers. HDC is not responsible for the improper installation of its products or for consequential damages created from the installation of its product. Due to constant upgrades, HDC reserves the right to substitute products when issuing replacement parts.
Limitation of Liability: HDC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on our website, or the performance of services and products.
Notice: HDC may deliver notice to you by means of e-mail, a general notice on the HDC website, or by other reliable methods to the address you have provided to HDC.
Miscellaneous: HDC reserves the right to refuse service. Your use of HDC catalogs, websites, and goods and services shall be governed in all respects by the laws of the state of Texas, 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 our catalogs and websites (including but not limited to the purchase of HDC products or services) shall be in the state or federal courts located in Travis County, Texas. Any cause of action or claim you may have with respect to the HDC website or catalog (including but not limited to the purchase of HDC products) must be commenced within one (1) year after the claim or cause of action arises. HDC’s 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. HDC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Trademarks: Trademarks, service marks, and trade names of HDC used in the company catalog and company website are trademarks or registered trademarks and sole property of Peremptory Inc. dba HDC. Currently, these are P.O.P. Locks, PopLight, Top Pop, Flex Switch, LoopNet, LAC, Sequential Locking, Pro Controller, Pro-E. Usage of these names must be approved through written consent by Peremptory Inc. dba HDC.
Term Termination: These terms and conditions are applicable to you upon your accessing the Poplocks site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by HDC 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.