TERMS AND CONDITIONS
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH OSH CUT INC, AND (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through OSHCUT.COM (the “Site”). These Terms are subject to change by OSH Cut INC (referred to as “OSH Cut”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site.
By submitting your order, you agree that your order is an offer to buy, under these Terms, all products and services listed in your order. Notwithstanding your intent to purchase, OSH Cut is not obligated accept your order after review. We may choose not to accept any order at our sole discretion. You may request order cancellation after submission by contacting OSH Cut via email at support@oshcut.com, or by phone at 801-850-7584. On your request, OSH Cut may or may not cancel your order at its sole discretion.
(a) Prices obtained through our website are good faith estimate and may require changes after review by OSH Cut. All prices posted on the Site are subject to change without notice. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such method of payment for the purchase, (iii) if payment is made by credit card, charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
(c) Timing on collection of credit card payment for orders is made entirely at OSH Cut's discretion. Cards will usually be charged in full when orders have been manufactured and are shipped or ready for will-call; however, OSH Cut may opt to charge orders earlier when parts are released to production or material is purchased.
We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any carrier delays in shipments.
OSH Cut may at its sole discretion offer refunds, discounts, credits, or replacement parts to assist customers with damaged parts, parts lost in shipping, and/or parts with low or questionable finish quality.
OSH Cut does not make any representations or warranties regarding any of the orders purchased from OSH Cut or on OSHCUT.COM and hereby disclaims to the fullest extent authorized by law any and all warranties, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose. All metals used by OSH Cut are provided by third party manufacturers, and OSH Cut does not test or confirm the properties of any metal we use. Accordingly, we rely on information provided by such manufacturers pertaining to any metals used and make no representations or warranties as to the tensile strength or fatigue limits of any metals used, cut, or sold nor do we make any representations or warranties as to the designs that you provide for us to use. Further, OSH Cut does not make any representations, warranties, or guarantees that the metals you select or the designs you provide will function as intended.
IN NO EVENT SHALL OSH CUT BE LIABLE TO YOU, OR TO ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE PRODUCTS OR THE SERVICES PURCHASED HEREUNDER, EVEN IF OSH CUT HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OSH CUT’S LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE DOLLAR AMOUNT PAID BY YOU IN CONNECTION WITH THE PRODUCTS AND SERVICES PURCHASED HEREUNDER.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when sent and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by sending an email to support@oshcut.com or (ii) by personal delivery, overnight courier or registered or certified mail to OSH CUT INC, 3052 N 170 E, STE 1 Spanish Fork, UT 84660. We may update the email or address by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
These Terms, our website terms of use and our privacy policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.