Terms & Conditions of Use

The use of the automatedcabinetsystems.com website (this "Website") and the sale of products and services offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies and terms and conditions of sale appearing on this Website (collectively, the "Terms and Conditions"). YOUR USE OF THIS WEBSITE IN ANY MANNER, WHETHER BROWSING, OR MAKING A PURCHASE, CONSTITUTES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THE TERMS AND CONDITIONS AND THAT YOU AGREE TO FOLLOW AND BE BOUND BY THEM. ACS reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you use this Website.

Use Of This Site

Automatedcabinetsystems.com may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information, including product pricing and availability, may be changed or updated without notice. Automated Cabinet Systems, Inc (ACS) reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if ACS believes that customer conduct violates applicable law or is harmful to the interests of ACS.

Information You Submit

Any remarks, suggestions, ideas, messages and data submitted by you to ACS through this Website (collectively, the "Messages") shall be and remain exclusive property of ACS. Therefore, ACS discourages you from submitting Messages that you do not wish to assign to ACS. Your submission of such Messages shall constitute an assignment to ACS of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Messages. ACS is entitled to use, copy modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction or compensation in any way to you. However, ACS will not release your name or otherwise publicize the fact that you submitted materials or other information to ACS unless ACS obtains your permission to use your name or ACS is required to do so by law.

Usage Restrictions

You may access and view the Content (as defined below) appearing on this Website for personal, noncommercial use only. You may download and/or copy the Content for personal. noncommercial use only, provided that you (a) do not use any copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way and (c) do not make the Content available to any third party. ACS reserves complete title and full intellectual property rights in any Content that you download from this Website.

You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (i) misrepresenting the identity of a user; (ii) tampering with this Website; and (iii) conducting fraudulent activities.

Proprietary Rights

The ACS logos and trademarks are the property of ACS. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of ACS.

The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively, "Content") are subject to copyright, trademark, patent, or other proprietary rights or licenses held by ACS or an ACS affiliate or by third parties who have licensed their rights to ACS . All Content is copyrighted as a collective work under the U.S. and international copyright laws and ACS owns, and will prosecute to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. Except as specified in these terms and conditions, you may not make copy, modify or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, "and frame" the Content in any manner or sell or attempt to sell the Content.

Order Information

All sales of products and services via this Website are expressly conditional on buyer's agreement to the terms and conditions. No contrary additional or different terms apply unless expressly agreed in writing by Automated Cabinet Systems, Inc. ("ACS"). ACS hereby gives notice of its objections to any different or additional terms. Acceptance of or payment for any orders constitutes buyer's agreement to ACS’s terms and conditions.

Placing An Order

At this time, ACS ships within the continental United States, as well as Alaska, Hawaii and Puerto Rico. The risk of loss and title for all merchandise ordered on this Website pass to buyer when the merchandise is delivered to the shipping carrier.

Payment

The Buyer's placement of this order will require ACS's advance purchase of materials and labor to meet the Buyer's needs and the price quoted. Because of this ACS requires payment with the Buyer's order.

Buyer may purchase merchandise from this Website by using any one of the payment options listed in Pay Pal. ACS reserves the right to change its payment procedures at any time without prior notice.

ACS charges sales tax for merchandise ordered on this Website based on the applicable state sales tax rate and the location to which the order is being shipped.

Acceptance Of Orders

Receiving an order acknowledgement via email does not constitute the acceptance of an order. ACS reserves the right to limit the quantity of items ordered and/or refuse to sell to any customer.

All orders placed require an order confirmation number from ACS before considered an order.

Pricing

To obtain the pricing for any given quantity bracket contact ACS for a quote. Quotes are valid for 60 days only, unless otherwise specified and is subject to the terms and conditions of sale. The pricing assumes all scheduled and rescheduled deliveries will be completed within 6 months or less from the date of purchase confirmation. If the entire order is not released within the prescribed time limit Buyer will be responsible for storage and/or cancellation charges for costs which are incurred by ACS or increased prices based on reschedule dates.

The prices shown may not include any sales, use or other taxes or charges payable to state or local authorities. Any such taxes or charges now or hereafter imposed with respect to sales or shipments hereunder may be added to such prices and the Buyer agrees to reimburse ACS for any such taxes or charges.

ACS reserves the right to increase any price in good faith in an amount sufficient to cover increases in costs of the goods to ACS.

Order Cancellation

If orders are cancelled within 3 days of ACS's receipt of the order, Buyer's payment will be fully refunded; if Buyer cancels the order 4 through 21 days after ACS's receipt of the order, there will be a restocking fee of 20% of the total price; there will be no refund if Buyer cancels the order after 21 days from ACS's receipt of the order.

Shipment

Unless otherwise stated in writing, all sales are made FOB point of shipment (ACS). While ACS will arrange for shipment, Buyer shall pay all insurance and freight charges, (FREIGHT COLLECT), and Buyer has risk of loss after delivery at FOB point.

7 Weeks lead time (approx.) from order confirmation to ship date.

Delays

Shipping dates given in advance of actual shipment are estimated, and deliveries will be made subject to prior orders on file with the ACS. ACS will not be responsible or liable for any loss, damage, or delay resulting from acts of God, transportation delays, delays in usual sources of supply, accidents, fire, strike, civil or military authority or by insurrection or riot, or by any other cause which is unavoidable or beyond ACS's reasonable control.

Inspection And Acceptance

Buyer shall promptly inspect the goods on receipt and shall notify ACS in writing of any nonconformity or defect within 15 days of receipt of goods. If the Buyer does not act within the 15 day period, the Buyer agrees that it shall be conclusively presumed to have accepted the goods and waived its right to revoke acceptance.

Warranties

ACS makes no warranties or representations, express or implied, except as contained in ACS's "Limited Warranty".

Returned Goods

No goods shall be returned without prior written authorization from ACS. ACS reserves the right to refuse cancellation or return of special ordered, nonstock items. All returned goods are subject to a restocking charge to be determined by ACS at its sole discretion.

Governing Law

Interpretation and performance shall be governed by Article II of the Uniform Commercial Code as enacted in Oregon and the state to which the goods are to be delivered to the extent such provisions are consistently interpreted. In case of conflict, Oregon law shall apply.

Complete agreement: This contract contains the complete agreement between the parties. Any oral or written representation, warranty, course of dealing or trade usage not contained or referenced herein will not be binding on ACS. No sales representative of ACS has authority to alter, vary, or waive any of the foregoing standard terms and conditions. This contract may not be modified or terminated orally. No claimed modification, termination or waiver of any of its provisions shall be valid unless in writing signed by ACS's duly authorized representative.

Terms inconsistent with those stated hereinwhich may appear on purchaser's formal order will not be binding on ACS. The prices and terms of this quotation are not subject to verbal changes or other agreements unless approved in writing.

Safety Notice

Before beginning any project, review all instructions carefully, and if any doubts or questions remain, consult local professionals or authorities. Because local codes and regulations vary greatly, you should always check with local authorities to ensure that your project complies with all applicable codes and regulations. Always read and observe all of the safety precautions provided by any equipment manufacturer, and follow all accepted safety procedures. What is contained in the installation instructions are reminders, although not an exhaustive list, of safety measures you should be aware of if undertaking home improvements yourself. They are not substitutes for your own caution, care, good judgment and common sense.

All stenographic, typographical, and clerical errors are subject to correction.

© 2005 Automated Cabinet Systems, Inc. All rights reserved.