Terms of service

TERMS AND CONDITIONS OF USE

Sites Governed by Terms and Conditions

Welcome to the ShopHFS.com site. This site and other sites that may currently exist and/or be established by HFS (each, a “Site”, and collectively, the "Sites") as a service to its customers are governed by these Terms and Conditions of Use. HFS requests that you carefully read these Terms and Conditions and our Privacy and Security Policy before using any of our Sites. By browsing or using a Site, you agree to follow and be bound by these Terms and Conditions and our Privacy and Security Policy without modification. If you do not agree to these Terms and Conditions, please do not use or browse any of our Sites. HFS does not sell products for purchase by children. If you are under 18, you may use the Sites only with the involvement of a parent or guardian. Please refer to our Privacy and Security Policy for information regarding our Children’s Privacy Policy.

Changes to Terms and Conditions

HFS may revise these Terms and Conditions at any time, at its sole discretion, by posting an updated version on the Sites. Any changes that we make will be effective immediately upon posting. Please check this page periodically for changes. You will be able to determine if there have been changes since your previous visit by viewing the Last Updated information that appears at the bottom of these Terms and Conditions. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Sites.

Use of Site

The design and all text, graphics, information, content, and other material displayed on or that can be downloaded from any of the Sites are either the property of, or used with permission by, HFS and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on any of the Sites in any way or reproduce or publicly display, perform, distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

Trademarks

Trademarks, trade names, service marks and logos used or displayed on the Sites are registered and unregistered trademarks, trade names and service marks of HFS and its affiliates. Nothing contained on any of the Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on any of the Sites without the prior written permission of HFS.

Linking to the Sites

Creating or maintaining any link from another website to any page on any of the Sites without HFS's prior written permission is prohibited. Running or displaying any of the Sites or any material displayed on any of the Sites in frames or through similar means on another website without HFS's prior written permission is prohibited. Any permitted links to any of the Sites must comply will all applicable laws, rule and regulations.

Third Party Links

From time to time, the Sites may contain links to websites that are not owned, operated or controlled by HFS, or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave our Site. Neither HFS nor any of its affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither HFS nor any of its affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from one of the Sites, you do so entirely at your own risk.

User Information and User Content

Other than personally identifiable information, which is subject to HFS’s Privacy and Security Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, reviews, messages, recommendations, other communication or other user-generated content (including, without limitation, videos, photos or other materials or items) you transmit or post to any Site in any manner ("User Content") are and will be considered non-confidential and non-proprietary, even if the User Content is in a password-protected area. HFS, and each of its affiliates and/or their designees, may use any or all User Content for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing, in any manner whatsoever, for any or all commercial or non-commercial purposes. Without limiting the foregoing, HFS reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. HFS is under no obligation to offer you any payment for User Content that you submit nor the opportunity to edit, delete or otherwise modify User Content once it has been submitted to HFS. HFS shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties. If it is determined that you retain moral rights (including rights of attribution or integrity) in any User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by HFS or each of its affiliates and/or their designees; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release HFS and its affiliates and/or their designees, from any claims that you could otherwise assert against any of them by virtue of any such moral rights. You also permit any other user to access, view, store, or reproduce the User Content for that user's personal use. If User Content is shared with third parties, those third parties may have retained copies of your User Content. In addition, if we make use of your User Content before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Content. Terminating your account on a Site will not automatically delete your User Content.

You are solely responsible for your use of any comment sections, discussion forums, bulletin boards or other interactive features (“Interactive Areas”) and use them at your own risk. HFS is not responsible for User Content submitted to any Site or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of any Site.

HFS does not endorse or approve of any User Content that recommends or discusses changes, alterations or modifications of any product, nor the use of any product that violates any applicable warnings, laws or regulations.

HFS may, but is not obligated to, monitor or review any User Content, and you agree that neither HFS nor its affiliates and/or their designees will be liable for User Content or any loss or damage resulting from User Content. HFS shall have no obligations to use, return, review, or respond to any User Content. HFS will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise, and you represent and warrant that you have all rights necessary to grant to HFS the rights granted above and that none of your User Content are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

HFS may refuse or remove any User Content without notice to you. Without limiting the foregoing, HFS retains the right to remove any or all User Content that includes any material HFS deems inappropriate or unacceptable.

Inappropriate Material

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violates any law. Without in any way limiting the foregoing, if you submit any User Content or participate in an Interactive Area, you agree to abide by the following rules of conduct:

You will not upload, post or otherwise transmit any User Content that (a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; (b) is offensive (such as, but not limited to, expressions of bigotry, racism, abusiveness, vulgarity, obscenity or profanity); (c) violates or promotes violation of any law or advocates or provides instruction on activity that would constitute a criminal offense or give rise to a civil liability; (d) contains advertising or any solicitation with respect to products or services without the prior written permission of HFS in its sole and absolute discretion or; (e) does not generally pertain to the designated topic or theme of any Interactive Area;
You will not impersonate any person or entity, including, but not limited to, any HFS employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
You will not interfere with any other user's right to privacy, including by harvesting or collecting personally identifiable information about any other user or posting private information about a third party;
You will not upload, post or otherwise transmit any User Content, software or other materials that contain a virus or other harmful or disruptive component;
You will not interfere with or disrupt any Site or the servers or networks connected to any Site, or disobey any requirements, procedures, policies or regulations of networks connected to any Site;
You will not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and
You will not upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right, and you bear the burden of demonstrating that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right. Without in any way limiting the foregoing, you represent and warrant that you have the consent of each and every identifiable natural person in any submission to use such person's name or likeness in the manner contemplated by HFS and that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by HFS.
Any conduct that in HFS’s sole discretion restricts or inhibits anyone else from using or enjoying any Site will not be permitted. In addition to any remedies that HFS may have at law or in equity, if HFS reasonably determines that you have violated or are likely to violate the foregoing prohibitions, HFS may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Site of the related materials. HFS will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing HFS to disclose the identity of anyone posting such materials.

Account and Password

If you use any Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Privacy and Security

We respect the privacy of our customers. Please read our Privacy and Security Policy which is designed to help you understand what information we gather online and what we do with that information.

Content Accuracy

HFS tries to ensure that the information provided on any of our Sites or in any HFS catalog or advertisement is accurate and up-to-date but due to the risk that the information may be compromised by software or procedural errors, HFS does not guarantee the accuracy or completeness of the information provided on any Site or in any HFS catalog or advertisement. Without in any way limiting the foregoing, HFS disclaims any and all responsibility for the accuracy or completeness of any information or other content in User Content. HFS reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Photos may vary. Pricing and shipping and handling rates are subject to change without notice. We apologize for any inconvenience this may cause you.

DISCLAIMERS

YOUR USE OF THE SITES IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE SITES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER HFS, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS, WARRANTS THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THE SITES. THE MATERIALS AND SERVICES ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND NEITHER HFS, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS, MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH ANY OF THE SITES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HFS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH ANY OF THE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HFS HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. HFS MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

At HFS , the "comp at" price means that the same item or a similar functioning item was advertised for sale at or above the "comp at" price by another retailer in the U.S. within the past 180 days. Prices advertised by others may vary by location. No other meaning of "comp at" should be implied.

LIMITATIONS OF LIABILITY

HFS and its service providers assume no responsibility for, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing any Site, or your downloading of any materials, from any Site. IN NO EVENT WILL HFS, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, NOR ITS SERVICE PROVIDERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF ANY SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF ANY OF THE SITES, ANY WEBSITES LINKED TO ANY OF THE SITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH ANY OF THE SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH ANY OF THE SITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE APPLICABLE SITE.

Choice of Law; Jurisdiction

These Terms and Conditions supersede any other agreement between you and HFS to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, USA, without giving effect to any principles of conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Los Angeles, California, USA, in all disputes (a) arising out of, relating to, or concerning any of the Sites and/or these Terms and Conditions, (b) in which any of the Sites and/or these Terms and Conditions is an issue or a material fact, or (c) in which any of the Sites and/or these Terms and Conditions is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of any of the Sites is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms and Conditions, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. HFS has endeavored to comply with all legal requirements known to it in creating and maintaining each of the Sites, but makes no representation that materials on any of the Sites are appropriate or available for use in any particular jurisdiction. Use of any of the Sites is unauthorized in any jurisdiction where all or any portion of such Site may violate any legal requirements and you agree not to access such Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms and Conditions is at your own risk and, if any part of these Terms and Conditions are invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall govern such use.

With the prior agreement of HFS, any claim, dispute or controversy arising out of, relating to or concerning any of the Sites and/or these Terms and Conditions shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Los Angeles, California, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

Termination

You or we may suspend or terminate your account or your use of any of the Sites at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of any of the Sites at any time without notice.

Additional Assistance

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call our Customer Service Department at 1-626-332-7744 Monday thru Friday 10am to 9pm (PT).

Entire Agreement

These Terms and Conditions, the Privacy and Security Policy, and terms of sale constitute the entire agreement between you and HFS with respect to the Sites. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and HFS with respect to the Sites. No modification of this agreement shall be effective unless it is authored by HFS, or unless it is physically signed in blue ink by a HFS executive officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by HFS in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of any of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by HFS in printed form.

All other trademarks not owned by HFS or its affiliates that appear on any of the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HFS or its affiliates or subsidiaries.

Terms and Conditions of "15-Day Free Returns"

If for any reason you're not completely satisfied with a product in your order placed directly on www.HardwareFactoryStore.com, simply contact Customer Service to request a Return Authorization Number within the 30-business-days trial period for a full refund. The trial period begins the day your product is ordered. The following restrictions apply:

Shipping is only refunded for products that are found to be defective.
Please contact Customer Service through our contact form to receive a Return Authorization Number within thirty days of the date your order was placed. Please make sure to provide your name and invoice number and a brief description of the reason(s) for the return.
Pack the product in its original box. If you do not have the original box, please let us know when you contact us.
Returned products must be in “saleable” condition (as determined by HFS in its sole discretion). All original accessories and factory packaging must be included, complete with unmarked manuals. Components that have been damaged due to misuse or negligence will be assessed a fee in order to restore the unit to “saleable” condition. HFS reserves the right to deduct this fee from your refund.
HFS will pay the cost of return shipments that are deemed defective only.
We are not responsible for loss or damage resulting from return shipping. We recommend you insure the package in case of theft, damage or loss by the shipping carrier.
After we receive your returned product in accordance with all of these terms, it will be inspected and a credit will be issued to the same payment method used within 10 days of receipt of your returned product.
No refund, or a partial refund, may be given for items that do not meet our Return Conditions.
This offer may be cancelled at any time, but such cancellation will not affect orders placed while the offer is still in effect and returned in accordance with these Return Conditions.

LIMITED WARRANTY.
• What is Covered. Except as specifically excluded below, HFS warrants, to direct Customer only, that any product manufactured by HFS and sold to Customer (a) conforms to HFS’ published and/or written specifications and (b) is free from defects in material or workmanship. This warranty expires one (1) year from the date of delivery (F.O.B., at HFS premises) of the product to Customer.

• What is Not Covered. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER HFS NOR ANY OF ITS SUBSIDIARIES OR AFFILIATES MAKES ANY FURTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF FITNESS FOR ANY PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF TITLE, AND WARRANTY OF NON-INFRINGEMENT. Additionally, the limited warranty provided under this Agreement does not cover, and is voided by, any and all: illegal uses; misuses, abuses, or modifications of the product; damages related to normal use and wear of the product; improper preparation, installation, or use; improper cleaning and maintenance; failure to follow use and care instructions; and/or the like.

UNLAWFUL USES
Customer agrees to not use any products sold by HFS for any unlawful or illegal purposes or for use which product was not intended for including any alteration of the product. Customer agrees to indemnify, defend, and hold harmless HFS, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, representatives and shareholders, predecessors and successors, from and against any and all claims, demands, causes of action, damages, losses, liabilities, judgments, taxes, costs, fees and expenses (including, without limitation, reasonable costs and expenses of investigation and settlement and reasonable attorneys’ fees and expenses), to the extent arising out of or relating to any unlawful or illegal use of products sold by HFS. Such indemnification obligations shall survive the expiration or termination of this Agreement for any reason.

LIMITATION OF LIABILITIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL HFS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, MULTIPLIED, OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, OR PREJUDGMENT INTEREST OR ATTORNEYS’ FEES OR COSTS BASED ON CLAIMS OF CUSTOMER OR ANY OTHER PARTY ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

PRIVACY AND NON-DISCLOSURE. While still complying with all applicable laws, HFS will endeavor to preserve Customer’s identity from disclosure to third parties.

FORCE MAJEURE. HFS shall not be responsible or liable for any failure to perform hereunder if such failure is caused by acts of God, acts of government, strikes or labor disputes, failures of transportation, fire, flood, disease, epidemic or other casualty, failures of subcontractors or suppliers, or any other cause or causes that are beyond HFS’ reasonable control.

GOVERNING LAW AND VENUE. This Agreement shall be governed by the procedural and substantive laws of the State of California. Any litigation arising under or pursuant to this agreement shall be conducted in Los Angeles County.

DISPUTE RESOLUTION. Any dispute arising between Customer and HFS arising out of or in connection with this Agreement or the interpretation, breach, or enforcement thereof, including the determination of the scope or applicability of this agreement to arbitrate (collectively referred to as a “Dispute”) shall be resolved as follows: (1) the parties shall first attempt to resolve any Dispute through informal, good-faith negotiations and/or mediation; (2) If the Dispute is not informally resolved within thirty (30) calendar days of written notice of the Dispute by either party to the other, then the DISPUTE SHALL BE FINALLY SETTLED BY BINDING ARBITRATION administered pursuant to JAMS’ Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (or, if mutually agreed to by the parties, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures). The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement nor to grant any remedy which is either prohibited by the terms of this Agreement, or not available in a court of law. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In the event this arbitration agreement or a resulting arbitration award is subject to review by a court, such court shall use the arbitrary and capricious standard of review. The costs of any arbitration, including any JAMS administration fee, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration; provided, however, that all costs and expenses of the arbitration, including the arbitrator's fees and costs, expert fees and costs, and reasonable attorneys’ fees and costs incurred, shall be awarded to the prevailing or most prevailing Party as determined by the arbitrator. Judgment on a final award rendered by the arbitrators may be entered and enforced in a Court venue in Los Angeles County.

ASSIGNMENT
No right or interest in this Agreement may be assigned by Customer without the written permission of HFS, and any other attempted assignment shall be wholly void and totally ineffective for all purposes. This provision prohibits assignment of rights only; the right to delegate duties is in no way impaired by reason of this provision.

EFFECT OF PARTIAL INVALIDITY. If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining provisions shall not be affected.

Warranty Information

HFS Warranties

HFS warrants that the Product (“Product”), when properly used and installed in conformance with HFS’ specifications for such Product, will be free from defects in materials and workmanship and will substantially conform to HFS specifications for such Product during the Warranty Period.

What does this limited warranty cover?
This Limited Warranty applies to new HFS Products purchased from an authorized HFS dealer by the original purchaser for normal use and not for resale. Warranty covers Products which cease to operate correctly due to no fault of the customer, at HFS' sole discretion.

How long does limited warranty coverage last?
HFS Product warranties last for different periods of time. To determine the warranty period for your specific Product, please visit www.HardwareFactoryStore.com/contact-us/. A valid proof of purchase may be required to prove eligibility. If you do not have a valid proof of purchase, the limited warranty period will be measured from the date of sale from HFS to the authorized distributor. Warranties are non-transferable, only the original purchaser will receive warranty benefits.

My Product has failed, now what?
If you are having trouble with a Product, before seeking limited warranty service, first follow the troubleshooting procedures that HFS or your reseller/distributor provides.
To obtain limited warranty service, you must first submit a Return Merchandise Authorization at www.HardwareFactoryStore.com/contact-us/

What will HFS do?
HFS will replace the Product with a functionally equivalent replacement Product, transportation prepaid. HFS may replace your Product with a product that was previously used, repaired and tested to meet HFS specifications. You receive title to the replaced Product at delivery to the carrier at the HFS shipping point and HFS retains title to the returned Product. You are responsible for importation of the replaced Product, if applicable. HFS warrants that the replaced Products are covered for the remainder of the original Product warranty or 90 days, whichever is greater.

What does this limited warranty not cover?
The limited warranty does not cover damage resulting from misuse, accident, negligence, modification or alteration to hardware or software, tampering, unsuitable physical or operating environment beyond Product specifications, improper maintenance, or failure caused by a product for which HFS is not responsible. There is no warranty of uninterrupted or error-free operation or defects in design. There is no warranty for loss or damage of valuables please test equipment before putting into use. There is no warranty for Product with removed or altered identification labels. HFS DOES NOT PROVIDE ANY OTHER WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES, SO THIS LIMITATION MAY NOT APPLY TO YOU. HFS is not responsible for returning to you product which is not covered by this limited warranty. Warranties do not cover consumable maintenance items which are designed to be replaced periodically such as: gaskets, seals, cutter blades, pump oil, cutting sticks, etc.

How is our liability limited?
HFS AND ITS AFFILIATES, SUPPLIERS, DISTRIBUTORS, AND RESELLERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: 1) THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES 2) LOSS OF, OR DAMAGE TO, YOUR VALUABLES; OR 3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF INFORMED OF THE POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY, INCIDENTAL DAMAGES, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. HFS reserves the right to modify these warranty terms at any time.

Specifically Not Covered:
Some parts of certain products are specifically not covered by warranty. The reason for this is that these parts have been found to be damaged by user negligence, not as a result of manufacturer defect. Here is the current list of items specifically not covered:
Paper Cutters - Fence Knob, Safety Latch & Pin

How do local laws apply?
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION

HFS Authorized Resellers

When purchasing a product from HFS, ensure your are purchasing directly from us or our authorized resellers. Products sold by sellers other than the ones listed below are not authorized, do not include the HFS warranty, and are not gauranteed to be HFS quality. If you find a vendor not listed below selling our products please let us know via the contact us page.

Please note that resellers may also sell on various online marketplaces like Amazon, eBay, Newegg, etc. Be sure that the seller within that marketplace is listed below.

Authorized Reseller

HFS eBay 
HFS Amazon

Product Safety
**The information on this page is subject to change at any time. Please read this page in its entirety to understand HFS' and your responsibilities in purchasing and using HFS products.**
All Products
The following terms apply to all products purchased from HFS. Certain products may have specific terms listed in detail further down on this page.
1. Mental Awareness - DO NOT OPERATE THIS EQUIPMENT UNDER THE INFLUENCE OF ALCOHOL, DRUGS, MEDICATION, OTHER MIND ALTERING SUBSTANCES, OR ANY CONDITION THAT PREVENTS YOU FROM OPERATING MACHINERY --- Failure to do so may result in injury and/or death. HFS is not responsible for user negligence.
2. Legality of Use - It is your sole responsibility to understand the legality of your use for our products. Laws vary by country, state, county, and city. Be sure that your intended uses are legal and could not result in legal ramifications. It is your sole responsibility to know, understand, and abide by the laws in the place you reside. By purchasing an HFS product you agree that HFS will not be held responsible for any criminal or civil claims filed against you. HFS will not offer monetary or any other type of reimbursement should such instances arise.
Vacuum Pumps
1. Equipment Inspection - Before using your vacuum pump, be sure to check the entire product for damage including cracks, dents, or any other kind of visible blemishes that may render the item unsafe. Do not use the pump if any such damage is visible. Always be sure to check the pump's oil level, and add or replace oil regularly. Be sure that all connections are air-tight with no leaks.
2. Proper Use - Vacuum pumps will exhaust fumes, smoke, and spew oil; this is normal and part of how the pump operates. Always use vacuum pumps in well ventilated areas, or use proper exhaust filters and tubing to redirect exhaust outdoors. Vacuum pumps are not meant to run continuously and doing so will void your warranty on the pump. If you need to run the pump continuously, be sure to have a cold-trap filter inline between the pump and oven/chamber.
3. Pay Attention - Never leave a vacuum pump running unattended. Keep equipment away from children and pets. Be sure your chamber/oven is able to accept the amount of vacuum applied by your pump. Vacuum implosions can be fatal.
Vacuum Ovens
1. Equipment Inspection - Before using your vacuum oven, be sure to check the entire product for damage including cracks, dents, or any other kind of visible blemishes that may render the item unsafe. Do not use the oven if any such damage is visible. Always be sure to check the oven's fittings for leaks, and seal threaded connections with TPU tape.
2. First Use - When using your oven for the first time, set the temperature to 300F and let the oven run for at
least 1 hour. This will burn off any oil from the manufacturing process and will calibrate the thermometer for
better accuracy.
3. Proper Use - HFS vacuum ovens are NOT explosion proof. Be sure to use in a well ventilated area, using proper
filters and cold-trap systems to eliminate airborn solvents and flammables. Vacuum ovens require at least 6" of
space on all sides for proper heat ventilation. It is normal for vacuum ovens to rise above the set temperature,
then lower to it accordingly. If your samples are extremely heat sensitive please be aware of this.
4. Pay Attention - Never leave a vacuum oven unattended. Keep equipment away from children and pets. Be
sure your chamber/oven is able to accept the amount of vacuum applied by your pump. Vacuum implosions can
be fatal.
Extractors
WARNING: Extractors can be extremely dangerous, use every precaution possible when operating extractors.
Always follow these rules:
☠ Always use in well-ventilated areas.
☠ Always check for leaks prior to use.
☠ Always wear eye and face protection, gloves, protective clothing, and respiratory mask.
☠ Always be sure extractor is grounded prior to use.
☠ Never exceed the rated PSI or Hg for your system.
☠ Never use near an open flame or non explosion-proof electrical.
☠ Never use in direct sunlight.
1. Equipment Inspection - Before using your extractor, be sure to check the entire product for damage including
cracks, dents, or any other kind of visible blemishes that may render the item unsafe. Do not use the extractor if
any such damage is visible. Always be sure to check the fittings for leaks, and seal threaded connections with TPU
tape.
2. First Use - When using your extractor for the first time, pressurize the system with an air compressor to 50PSI.
Allow the extractor to sit for a few hours and check the pressure has not dropped. IF the pressure did drop, you
have a leak that needs to be resolved before use.
3. Proper Use - HFS extractors are NOT explosion proof. Be sure to use in a well ventilated area. Always stay
within the acceptable PSI and Hg readings of your system. Be sure to ground the extractor prior to sue to avoid
static electricity from igniting vapors. Do not use in extremely high temperatures, or in direct sunlight where
gases can expand and cause pressure spikes.
4. Pay Attention - Never leave an extractor unattended. Keep equipment away from children and pets. Be sure
your extractor is able to accept the amount of vacuum or pressure applied by your pump/gases. Extractor
explosions can destroy homes or warehouses and surrounding properties, they can be fatal to nearby life. Using
the outline safety measures will greatly reduce the risk of injury or death. HFS is not responsible for user
negligence.