This page tells you information about us and the legal terms and conditions on which we sell any of the products listed on our website.
These Terms will apply to any contract between buyer and seller for the sale of products to you.
Please read these terms carefully and make sure that you understand them clearly, before ordering from our website. Please note that before placing any orders you will be asked to agree to our terms. If you decline to accept these you will not be able to order from our site.
We amend our terms from time to time as set out in clause 5. Every time you wish to order Products, please check these terms to ensure you understand the terms which will apply at that time.
1 INFORMATION ABOUT US
1.1 We operate the site www.fastech-engineering.com Fastech LLC a company registered in Virginia USA.
1.2 We do not sell to consumers and you agree that you are not a “consumer” within the meaning of any applicable regulations by checking the box acknowledging that you are a business on the checkout page of our site.
1.3 Contacting us if you are a business. You may contact us by e-mailing us at askus@harlow-fastech.com If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 11
2 OUR PRODUCTS
2.1 The images of the products in our store are for illustration purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer’s display accurately reflects the color of the products. All wiper dies are made from Ampco 18™ and Steel and their color is defined by its natural color. Your products may vary slightly from those images.
3 BUSINESS CUSTOMERS
3.1 confirming you are a business (check box) on the checkout page of our site, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.
3.2 These terms and any document expressly referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
3.3 You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or any document expressly referred to in them.
3.4 Buyer and seller agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
4 CONTRACT FORMED BETWEEN BUYER AND SELLER.
4.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.2 After you place an order, the contract between us will only be formed when we send you an e-mail acknowledging that we have received your order and it is accepted and in process.
4.3 All Wiper Dies are made to specific order and therefore cannot be cancelled after it has been accepted.
4.4 All Wiper Dies are made to specific order and therefore cannot be returned except in the unlikely event of failing to meet our design specification or wrongly supplied product to the order confirmation.
5 OUR RIGHT TO VARY THESE TERMS
5.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
5.2 Each time you order Products from us, the Terms in force at the time of placement will apply to your order and will form the Contract between you and us.
5.3 We may revise these Terms from time to time to reflect changes in relevant laws and regulatory requirements.
5.4 The prevailing Terms will apply to your order, excepting any changes in law. We advise you to check for any changes to the Terms prior to placing any orders.
5.5 Terms and conditions will only be displayed on our site and will be the Terms in force at the point of order.
6 Shipping
6.1 Delivery will be by a courier specified at the point of checkout.
6.2 Occasionally the delivery may be affected by an event outside of our control. See clause 11 for our responsibilities when this happens.
6.3 If no one is available at your address to take delivery, the courier will leave you a note that the products have been returned to their facility, in which case, please contact them to rearrange delivery. Any costs associated with this will be incurred by you
7 PRICE OF PRODUCTS AND DELIVERY CHARGES
7.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 8.5 for what happens if we discover an error in the price of Product(s) you ordered.
7.2 Prices for our Products may change from time to time, or incur semi-precious metal surcharges but changes will not affect any order you have already placed.
7.3 The Prices seen on the product are exclusive of sales tax. Tax at the prevailing rate in your state will be added at the check-out process.
7.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you at the View Basket stage before the check-out process and before you confirm your order. To check relevant delivery options and charges, please refer to our Delivery page.
7.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced;
7.5.1 If the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing, we do not have to provide the Products to you at the incorrect (lower) price; and
7.5.2 If the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
8 OUR WARRANTY FOR THE PRODUCTS
8.1 Wiper dies are a “wear” item that we have no control over its installation or use and therefore no warranty or guarantee of performance is given or implied.
8.2 Wiper Dies Direct warrant the product to conform to our exacting design standard and material conformance to specification.
9 LIABILITY
9.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
9.2 Nothing in these Terms limits or excludes our liability for:
9.2.1 Death or personal injury caused by our negligence but excepting cuts or lacerations due to the sharp edge on Wiper Die products that is fundamental to its design and functionality;
9.2.2 Fraud or fraudulent misrepresentation;
9.2.3 Subject to clause 10.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
a) Any loss of profits, sales, business, or revenue;
b) Loss or corruption of data, information or software;
c) Loss of business opportunity;
d) Loss of anticipated savings;
Loss of goodwill; or
e) Any indirect or consequential loss.
9.3 Subject to clause 10.2, our total liability to you in respect of all losses arising under or in connection with the contract, whether in contract (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 110% of the price of the Products.
9.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
10 EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.2.
10.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
10.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
a) We will contact you as soon as reasonably possible to notify you; and
b) Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of products to you, we will arrange a new delivery date with you after the event outside our control.
11 COMMUNICATIONS BETWEEN US
11.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid post or other next working day delivery service, at 9.00am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
12 OTHER IMPORTANT TERMS
12.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
12.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
12.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.6 This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Virginia USA.
12.7 We both irrevocably agree that the courts of Virginia USA shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
