Terms & Conditions
L.N. CURTIS & SONS TERMS & CONDITIONS
Welcome to LNCURTIS.com, a division of L.N. Curtis & sons ("Curtis"). Curtis and/or with its affiliates provide website features to you subject to the following conditions. If you visit or shop at LNCURTIS.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Curtis service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business.
When you visit LNCURTIS.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
MOBILE TERMS OF SERVICE
Last updated: Oct. 27, 2022
The L.N. Curtis & sons mobile message service (the "Service") is operated by L.N. Curtis & sons (“L.N. Curtis & sons”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to L.N. Curtis & sons’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of L.N. Curtis & sons through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with L.N. Curtis & sons. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18442996898 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other L.N. Curtis & sons mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18442996898 or email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Curtis or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Curtis and protected by U.S. and international copyright laws. All software used on this site is the property of Curtis or its software suppliers and protected by United States and international copyright laws.
L.N. CURTIS & SONS, TOOLS 4 HEROES, TOOLS FOR HEROES, FIREFIGHTERS BOOKSTORE, CURTIS BLUE LINE and other LNCURTIS.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of L.N. Curtis & sons in the U.S. and/or other countries.
RISK OF LOSS
All items purchased from LNCURTIS.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Curtis attempts to be as accurate as possible. However, Curtis does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Curtis itself is not as described, your sole remedy is to return it in unused condition per the General Returns Policy.
PAYMENT & PRICING
LNCURTIS.com accepts MasterCard, Visa and American Express. Your credit card is charged at the time an order is placed on LNCURTIS.com.
With respect to items sold by LNCURTIS.com, we cannot confirm the price of an item until after the order has been processed on LNCURTIS.com. Despite our best efforts, a small number of the items on LNCURTIS.com may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
SHIPPING & DELIVERY
he majority of parcel shipments for products purchased from the site ship via FedEx or USPS standard delivery. LTL shipments for products purchased from the site ship via a multitude of carriers. For expedited shipping options, contact us at 877.488.0469.
Cost of shipping is based on the subtotal of the order. The cost is displayed in your cart and during check-out prior to payment. View our Flat Rate Shipping Table.
Items that are in stock at Curtis will generally ship the same business day or next business day if the order is placed before 3pm Pacific time. Items that are out-of-stock will be shipped as soon as they are available directly from Curtis or directly from a supplier.
When items are shipped from a Curtis facility, you will receive an email notification with details of which items in your order were shipped along with tracking information you can use to track your order.
If a PO Box is entered as a "ship to" address, in order to best serve the customer, we will arrange for shipment via USPS if possible. If this is not possible, we will contact the customer.
If you have questions or need status about your order then please contact Customer Service with your order number.
Occasionally free shipping is offered on purchases with these conditions:
- Applies to web purchases only.
- Applies only to qualified products - some products are exempt from any free shipping offer and this is noted on the product page and in the shopping cart.
- Only available within the contiguous United States: excludes shipment to Hawaii, Alaska and overseas U.S. military addresses.
STANDARD TERMS & CONDITIONS OF SALES
1. TERMS &CONDITIONS OF SALE. These Standard Terms and Conditions of Sale (“Terms”) apply to (a) the goods that are the subject of a sale from L.N. Curtis and Sons ("Curtis") to Buyer ("Products"), (b) the services sold by Curtis to Buyer are referred to as the "Services," and (c) items of tangible property on which Curtis performs Services or that result from Services are referred to as the "Service Items." Any irreconcilable conflict between these Terms and any terms from an applicable Curtis’ quotation, order acknowledgement, these terms and conditions prevail. “Buyer” is any party that agrees to purchase Products or Services from Curtis.
2. ACCEPTANCE. Curtis’ acceptance of any written offer by Buyer, in the form of a purchase order or otherwise, to purchase Products and Services is expressly conditioned upon Buyer’s assent, acceptance and agreement to the Terms, evidenced by (a) no written objection sent to Curtis within ten (10) days after receipt of the order acknowledgement, (b) instruction to Curtis to begin work or shipment of Products or Services, (c) acceptance of or payment for all or any part of the Products or Services, (d) taking any other action evidencing Buyer’s acceptance of the benefits of the Terms (collectively, “Buyer’s Acceptance”). Any offer received from Buyer to Curtis shall be conclusively construed to be written acceptance of these Terms. No modification, alteration, addition or change to these Terms shall be valid or enforceable unless expressly agreed to in writing by an authorized officer of Curtis. These Terms supersede all previous communications, representations or agreements either oral or written between Buyer and Curtis with respect to the Products or Services. Failure of Curtis to object to any terms or conditions which may be contained in any document or form of Buyer shall not be construed as a waiver of these conditions, nor as an acceptance of any such terms and conditions. These Terms may only be amended or modified in a writing stating specifically that it amends these Terms and that is signed by an authorized representative of Curtis and Buyer.
3. DELIVERY. Delivery dates are approximate. The failure to meet an indicated delivery date will not constitute a breach of these Terms. In no event shall Curtis be liable for any claims for labor or for any special, indirect, incidental, or consequential damages including, but not limited to, demurrage charges, cost of shipment, downtime, lost profits (whether direct or indirect), lost sales, or any other damages resulting from delay in delivery. If Curtis’ production or delivery is delayed, Curtis may allocate production and delivery among its customers in a manner it deems reasonable. Curtis reserves the right to change or re-designate any product source listed in these Terms. ACCEPTANCE OF THE PRODUCTS OR SERVICE ITEMS BY BUYER UPON DELIVERY SHALL CONSTITUTE A WAIVER BY BUYER OF ANY CLAIM FOR DAMAGES ON ACCOUNT OF DELAY IN DELIVERY OR PERFORMANCE.
4. SHIPMENT AND RISK OF LOSS. All deliveries are F.O.B. the Curtis’ facility or freight prepaid. Unless otherwise agreed in writing, Curtis may, in its sole discretion, select the shipping method, the carrier and the applicable freight charges. If Buyer desires to pick up the Products or Service Items at Curtis’ facility, Buyer must contact Curtis to arrange a mutually convenient time for pick up. Buyer shall indemnify and hold harmless Curtis from and against any claims, damages or liabilities suffered by Curtis resulting from any acts or omissions of carrier. Title to the Products and risk of loss to the Products and Service Items shall pass to the Buyer at the point of shipment from the Curtis’ facility, whether freight prepaid or F.O.B., regardless of which party selects the carrier and arranges the freight charges or particulars of shipment. Risk of loss for damage or delay in transit shall be borne by Buyer. Buyer shall file and pursue any claims directly with the carrier related to loss, damage or delay in transit, and Buyer shall not assert such claims against Curtis or deduct from amounts owing to Curtis.
5. RELEASE OF PRODUCTS AND SERVICE ITEMS FOR SHIPMENT. Buyer hereby releases the Products or Service Items for shipment within one (1) day after Curtis acknowledges order to Buyer. After such 1-day period, Buyer will pay a holding charge determined in good faith by Curtis and/or Curtis may ship the Products or Service Items to Buyer without further notification. Buyer agrees to accept delivery of all shipped Products or Service Items and to pay the applicable price. With respect to any order of a single item of a truckload or less, Buyer must release the entire order for shipment at one time or pay additional LTL freight charges required by Curtis.
6. DELAYS AND CANCELLATIONS BY BUYER. Buyer is not entitled, without Curtis’ prior written consent, which may be withheld or conditioned in Curtis’ sole discretion, to cancel or delay a delivery of the Products or Services for all or any part of an order within any Firm Order Period. Curtis may treat as a cancellation any proposed delay greater than sixty (60) days. If Curtis consents to the cancellation or delay, Buyer shall pay a cancellation or delay charge in an amount determined in Curtis’ sole discretion to reflect all applicable Delay/Cancellation Costs from the original request date until the time of delivery or performance. In the case of cancellation, the charge may also include, at Curtis’ sole discretion, a reasonable and equitable profit for Curtis. If Curtis’ work on an order requires material from Buyer or a third party selected by Buyer, and Curtis does not timely receive material that strictly conforms to Curtis’ requirements, Curtis may delay performance of or cancel the order without liability, and Buyer shall compensate Curtis for all Delay/Cancellation Costs, including for costs incurred and time expended working on non-conforming material. "Delay/Cancellation Costs" include all labor, materials, overhead, general and administrative costs, restocking charges, surcharges levied on material by outside suppliers, sub-vendor cancellation charges, excess inventory charges, value of storage space, inventory tax charges, banking and finance charges, scrapping and disposal fees, and other harm, costs and charges incurred directly or indirectly by Curtis in connection with a delay or cancellation of an order for the Products or Services. The "Firm Order Period" is determined according to, as applicable, the quotation, order acknowledgement or separate written and signed agreement. If there is no quotation, order acknowledgement or separate written and signed agreement, or if none of those items specifies the Firm Order Period, the Firm Order Period will be determined according to Curtis’ then current cancellation and order management policy. If a Firm Order Period cannot be determined in any of the preceding methods, the entire order will be considered to be within the Firm Order Period.
7. SPECIFICATIONS. The material specifications, quality requirements, or any other aspect of the Products and the Service Items or their manufacture (the "Product Specifications") is governed by the terms of any applicable Curtis’ quotation, order acknowledgement, or separate written and signed agreement. If any of the Product Specifications set forth in a Curtis’ quotation, materially differs from the Product Specifications in the applicable order acknowledgement, or separate written and signed agreement, Curtis may, in its sole discretion, require that Buyer provide a written acknowledgment and acceptance of the Product Specifications in either the Curtis’ quotation, order acknowledgement, or separate written and signed agreement prior to the manufacture, repair or delivery of the Products or Service Items or performance of the Services. Buyer is not entitled, without Curtis’ prior written consent, which may be granted or withheld in Curtis’ sole discretion, to make any changes to Product Specifications in Curtis’ quotation, order acknowledgement, or separate written and signed agreement. If Curtis consents to the change, Curtis may condition its consent on Buyer's agreement to price adjustments and other compensating payments satisfactory to Curtis. In addition to all other remedies available to it under applicable law, Curtis may refuse to comply with any change to which Curtis has not given its prior written consent.
8. GOVERNMENT CONTRACTS. Buyer shall promptly notify Curtis if Buyer is purchasing the Products or Services pursuant to a government contract or sub-contract, and Buyer shall specify any contractual terms or government procurement laws and regulations that Buyer is obligated to comply with for such Products, Service Items or Services. Curtis shall not be obligated to comply with any government procurement provisions unless agreed to in a writing signed by an authorized representative of Curtis.
9. PURCHASE PRICE. The purchase price of the Products or Services shall be as stated in the applicable Curtis quotation, order acknowledgement, or separate written agreement signed by an authorized representative of Curtis and paid in United States Dollars. Unless agreed to by Curtis in writing, the purchase price does not include shipment costs or any other costs specifically excluded in these Terms. If the Products or Service Items are shipped freight prepaid, the charge for freight shall be added to the invoice(s). Prices are based on and assume Buyer's compliance with all of these Terms, and a promise by Buyer to purchase a particular mix and quantity of Products and Service Items, or a certain percentage of Buyer's requirements for the Products or Service Items. Curtis may adjust prices, in its sole discretion, if the circumstances do not coincide with the forgoing assumptions.
10. PAYMENT TERMS. Payment terms are net 30 days from invoice date with no discounts or retention of any kind or sort allowed. Interest will accrue on invoices unpaid after the net due date at the annual rate of 12% or the maximum legal contract interest rate, whichever is less.
11. SHIPPING WEIGHT. All weights offered, shown or calculated with respect to the Products or Service Items, other than the actual shipping weights, are approximate estimated weights only. If sale terms are on a weight basis, Curtis’ actual shipping weights are to govern the performance of these Terms. If such an approximate weight is offered, shown or calculated, Buyer shall nevertheless accept Curtis’ shipping weights as the basis of full and complete delivery, and make payment therefor.
12. SURCHARGES; PRICE ADJUSTMENTS. Unless notice of written objection is given by Buyer to Curtis within 72 hours after notice from Curtis: For purchases made pursuant to a separate written agreement signed by an authorized representative of Curtis, if Curtis announces a surcharge, such surcharge shall become effective for the Products or Service Items scheduled for shipment beginning on the date set forth in Curtis’ announcement of such surcharge or, if there is no such date, immediately upon such announcement; for all other purchases, including, but not limited to, spot purchases: (a) if Curtis announces a general price increase, such price increase shall become effective for the Products or Service Items scheduled for shipment beginning on the date set forth in Curtis’ announcement of such price increase or, if there is no such date, immediately upon such announcement; and (b) if Curtis announces a surcharge, such surcharge shall become effective for the Products or Service Items scheduled for shipment beginning on the date set forth in Curtis’ announcement of such surcharge or, if there is no such date, immediately upon such announcement.
13. TAXES. Prices do not include any taxes or other assessments. All taxes, duties, fees, assessments or other charges of any kind imposed by any federal, state, municipal or other governmental authority which Curtis is required to collect or pay with respect to the provision, production, sale or shipment of the Products or Services shall be the responsibility of Buyer. The taxes, duties, fees, assessments or other charges can change between the time you place an order and when your shipment is complete. The taxes, duties, fees, assessments or other charges calculated by Curtis when you place an order are displayed as an "Estimated Tax Total" and may be updated later when your order is finalized and completed. Buyer agrees to pay all such taxes and further agrees to reimburse Curtis for any such payments made by Curtis. If Buyer intends to purchase the product(s) and/or service(s) for resale, Buyer must produce and deliver to Curtis the documents required by the applicable and appropriate governmental authority at time of order placement. By doing so buyer hereby affirms that it is purchasing the Products referenced herein for resale, and/or that Buyer is not the end user of the Products, so as to be exempt from any otherwise applicable sales, excise or other applicable taxes.
14. FAILURE OF PAYMENT. If Buyer fails to make payment in full or in part when due or refuses to pay any applicable price increases or surcharges, Curtis shall have the right to: (a) immediately suspend performance and cancel the unfinished portion of any outstanding orders, (b) declare all unpaid amounts for the Products or Service Items delivered immediately due and payable, and (c) withhold further deliveries. If Curtis elects to proceed with an order after the suspension of performance, Curtis shall have an extension of time for performance as is necessitated by the suspension. Curtis shall have the right to enforce payment of the full purchase price, including any price increase or surcharge, for Products or Service Items already delivered or in process. Buyer shall reimburse Curtis for all costs of collection, including reasonable attorney's fees, incurred as a result of Buyer's failure to make payments when due.
15. BUYER'S FINANCIAL CONDITION. All new commercial customers who desire to arrange monthly shipments of Products or Services, must supply a current financial statement, five trade references, and completed credit questionnaire. Curtis shall have the right, by written notice, to suspend performance, terminate the applicability of these Terms, cancel any order, modify any payment terms, or require full or partial payment or adequate assurance of performance from Buyer, without liability to Curtis, in the event of a material adverse change in the Buyer's financial condition or if reasonable grounds for insecurity arise with respect to Buyer's performance of these Terms, evidence of which might include, among other things, (a) a default under any of Buyer's financing agreements, (b) Buyer's inability to obtain financing, (c) a reduction in Buyer's credit rating by a recognized rating agency, (d) Buyer's insolvency, (e) the filing of a bankruptcy by or against Buyer (whether voluntary or involuntary), (f) the appointment of a receiver or trustee for Buyer, (g) the execution by Buyer of an assignment for the benefit of creditors, (h) the failure by Buyer to make a payment to Curtis when due, or (i) any other event which raises reasonable doubts as to Buyer's creditworthiness. The modifications Curtis may make to payment terms include shortening the payment period, requiring advance payment, or requiring payment of cash on delivery. Curtis shall notify Buyer in writing of any modifications to payment terms, which may be made retroactive to include amounts then accrued but unpaid. Curtis reserves the right to cancel Buyer's credit at any time for any reason, without notice. The foregoing remedies are in addition to Curtis’ other rights and remedies under these Terms and under applicable law, including Section 2-609 of the Uniform Commercial Code.
16. SETOFF. Curtis shall have the right to credit toward the payment of any monies that may become due Buyer hereunder any amounts which may now or hereafter be owed to Curtis or any of its subsidiaries or affiliates. Buyer shall pay Curtis’ invoices without discount, setoff, retention or reduction for any reason, including asserted warranty claims or other claims of non-performance by Curtis.
17. ACCORD AND SATISFACTION. Checks or payments, whether full or partial, received from or for the account of Buyer, regardless of writings, legends or notations upon such checks or payments, or regardless of other writings, statements or documents, shall be applied by Curtis against the amount owing by Buyer with full reservation of all Curtis’ rights and without an accord and satisfaction of Buyer's liability.
18. LIMITED WARRANTY. UNLESS EXPRESSLY SET FORTH IN CURTIS’ QUOTATION, ORDER ACKNOWLEDGEMENT OR SEPARATE WRITTEN AND SIGNED AGREEMENT, CURTIS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHICH ARE EXPRESSLY DISCLAIMED. AT CURTIS’ DISCRETION, BUYER'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE CONFORMANCE OF ANY PRODUCTS OR SERVICE ITEMS FURNISHED BY CURTIS UNDER THESE TERMS SHALL BE LIMITED TO EITHER: (a) REPLACEMENT OF SUCH PRODUCTS OR SERVICE ITEMS AT THE POINT OF SHIPMENT FROM CURTIS’ FACILITY, OR (b) REPAYMENT OF OR CREDIT AGAINST THE PURCHASE PRICE OF SUCH PRODUCTS OR SERVICE ITEMS UPON AUTHORIZED RETURN THEREOF. The employees and representatives of Curtis are not authorized to make any statement or representation as to the Products, Services, or Service Items inconsistent with these Terms and no such statements made will be binding upon Curtis or be grounds for any claim. For the avoidance of doubt, Products and Service Items manufactured in whole or in part by any party other than Curtis shall be subject exclusively to the warranty, if any, provided by the manufacturer of such Product or Service Item.
19. NON-CONFORMING PRODUCTS AND SERVICE ITEMS. No claim for damages for nonconforming Products or Service Items will be allowed unless Buyer provides Curtis with written notice of the claim within fifteen (15) days of the date the Products or Service Items were delivered to Buyer. To assert such a claim, Buyer must (a) at Curtis’ request, return to Curtis all of the non-conforming Products or Service Items, and (b) provide reasonable evidence to support the claim, including, if requested by Curtis within 10 days after request by Curtis, results of diagnostic tests, evaluations and investigations performed by Buyer or Buyer's customer. Products or Service Items for which damages are claimed shall not be returned, repaired, or discarded without Curtis’ prior written consent. If requested by Curtis, the nonconforming Products or Service Items must be returned to Curtis at Buyer's expense within ten (10) days of Curtis’ request. No claims, rejections or returns for non-conforming Products or Service Items will be permitted unless Buyer cooperates in full with Curtis’ technical personnel to determine the cause of the non-conformance.
20. SHORTAGE OR DAMAGED OF PRODUCTS OR SERVICE ITEMS. Claims by Buyer with respect to shortage of invoiced Products or Service Items, or for damaged Products or Service Items, must be made to Curtis in writing no later than ten (10) days from the date the Products or Service Items were delivered to Buyer. All claims must be made only for substantial cause, must be in writing, and must specify the reason(s) for the claim. THE FAILURE TO NOTIFY CURTIS OF ANY CLAIM WITHIN THE TIME PERIOD SPECIFIED BY THIS SECTION SHALL CONSTITUTE A WAIVER OF AND BAR TO SUCH CLAIM. CURTIS SHALL INCUR NO LIABILITY FOR SHORTAGE OR DAMAGE ALLEGED TO HAVE OCCURRED OR EXISTED AT OR PRIOR TO DELIVERY TO THE CARRIER UNLESS BUYER SHALL HAVE ENTERED FULL DETAILS THEREOF ON CARRIER'S DELIVERY RECEIPT WHICH MUST BE SIGNED BY THE CARRIER'S AGENT. CURTIS MUST BE GIVEN AN OPPORTUNITY TO INVESTIGATE THE CLAIM BEFORE BUYER DISPOSES OF THE PRODUCTS OR SERVICE ITEMS. ANY DAMAGED PRODUCTS OR SERVICE ITEMS SHALL NOT BE RETURNED, REPAIRED OR DISCARDED WITHOUT CURTIS’ WRITTEN PERMISSION.
21. TECHNICAL ADVICE. Curtis assumes responsibility only for technical advice provided by Curtis in writing and assumes no obligation or liability for any technical advice furnished to Buyer in any other manner, including without limitation any provided in writing by any third party. With respect to any technical advice provided by Curtis in writing, Curtis will not be liable for any damages of any kind arising out of or relating to the use of or the inability to use the information provided, including but not limited to any special, indirect, incidental or consequential damages including, without limitation, demurrage charges, cost of shipment, downtime, lost profits (whether direct or indirect), or lost sales, whether foreseeable or not, and even if Curtis has been advised of the possibility of damages.
22. INTELLECTUAL PROPERTY. Nothing in these Terms is to be construed as a grant or assignment of any license or other right to Buyer of any of Curtis’ or its affiliates' intellectual property rights, whether patent, trademark, trade secret, copyright or otherwise. All improvements and developments related to the Products or the efforts of Curtis and Buyer will be owned exclusively by Curtis, and Buyer shall reasonably cooperate with Curtis in confirming that result. Curtis shall have no liability of any kind with respect to any actual or alleged infringement of any United States or foreign patent, trademark, copyright, deskwork right, trade secret or other intellectual property or proprietary right. Buyer agrees to look solely to the manufacturer or licensor of the products with respect to any claim of infringement. Furthermore, Buyer agrees to protect, defend, indemnify, and hold harmless Curtis from all sums, costs, expenses, and attorney’s fees, which Curtis may incur or be obligated to pay as a result of any and all claims, demands, causes or action, or judgments arising out of or relating to any use, modification, or enhancement of the Products or Service Items purchased by the Buyer unless such use, modification, or enhancement is approved in writing by the manufacturer or licenser of the Products or Service Items.
23. CONFIDENTIALITY. Any pricing or other sensitive commercial information provided by Curtis to Buyer is proprietary to Curtis and shall be held in confidence by Buyer, shall only be used by Buyer in connection with this sale, and shall not be used for any other purposes or disclosed to third parties without Curtis’ prior written consent. Buyer shall be liable for any loss to Curtis or commercial gain by others from unauthorized use of confidential information occasioned by Buyer's failure to comply with this provision.
24. AUDIT. Unless otherwise agreed to in writing by an authorized representative of Curtis, Buyer shall have no right to audit any books or records of Curtis and Buyer shall have no right to enter into any facility owned or controlled by Curtis.
25. LIMITATION OF LIABILITY. CURTIS’ LIABILITY, WHETHER IN CONTRACT, IN TORT, UNDER WARRANTY, IN NEGLIGENCE, OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES, AND UNDER NO CIRCUMSTANCES SHALL CURTIS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DEMURRAGE CHARGES, COSTS OF SHIPMENT, DOWNTIME, LOST PROFITS (WHETHER DIRECT OR INDIRECT), LOST SALES, DAMAGE TO EQUIPMENT, OR CLAIMS OF BUYER'S CUSTOMERS OR OTHER THIRD PARTIES FOR DAMAGES OR PENALTIES, WHETHER OR NOT BUYER IS LEGALLY OBLIGATED TO PAY THEM. CURTIS’ LIABILITY HEREUNDER SHALL BE LIMITED TO EITHER: (a) THE OBLIGATION TO REPAIR OR REPLACE, AT CURTIS’ SOLE DISCRETION, ONLY THOSE PORTIONS OF THE PRODUCTS OR SERVICE ITEMS PROVEN TO HAVE FAILED TO MEET IN MATERIAL RESPECT THE PRODUCT SPECIFICATIONS ON THE CURTIS’ QUOTATION, ORDER ACKNOWLEDGEMENT, OR SEPARATE WRITTEN AND SIGNED AGREEMENT AT THE TIME OF SHIPMENT FROM CURTIS’ FACILITY, OR (b) REPAYMENT OF OR CREDIT AGAINST THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES. CURTIS AND BUYER EXPRESSLY AGREE TO THIS ALLOCATION OF RISK AND THE PRICE STATED FOR THE PRODUCTS OR SERVICES IS CONSIDERATION FOR THE LIMITATION ON CURTIS’ LIABILITY. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXCLUSIVE REMEDY DESCRIBED IN THIS SECTION FAILS ITS ESSENTIAL PURPOSE.
26. INDEMNIFICATION. Buyer agrees to indemnify, defend and hold harmless Curtis, its directors, officers, employees, agents, successors and assigns from and against any and all damages, losses, expenses, costs (including without limitation reasonable attorney's and accountant's fees), claims, suits, actions, judgments or other liability asserted against or incurred by Curtis arising out of (a) Buyer's breach of its obligations hereunder, (b) Buyer's negligence or misconduct, or (c) Buyer's misuse or misapplication of the Products or Service Items or damage to the Products or Service Items caused by Buyer or its employees, agents or customers.
27. FORCE MAJEURE. Curtis shall not be responsible for cancellation or delay in delivery or performance resulting, in whole or in part, from causes beyond its reasonable control, including, but not limited to: acts of God; acts of Buyer; strikes or other labor disturbances regardless of whether or not Curtis is capable of settling such strike or disturbance; supplier or facility conditions; temporary or permanent supplier or facility closures; equipment failure; inability to obtain fuel, material, or parts; war; acts of terrorism; sabotage; riot; delays in transportation; repairs to equipment; natural disasters; epidemics; floods; fires; action of governmental authorities (valid or invalid); severe weather conditions; accidents; explosions; failure of or inability to obtain power, raw materials, suppliers, labor, equipment or transportation; a court or administrative injunction or order; or any other contingency the nonoccurrence of which was a basic assumption on which these Terms were set forth.
28. GOVERNING LAW; FORUM SELECTION. These Terms shall be governed by, construed, and enforced in accordance with the laws of the State of California, without regard to conflict of laws principles. Buyer, acting for itself and its successors and assigns, hereby expressly and irrevocably consents to the exclusive jurisdiction of the state and federal courts having authority over the territory of Contra Costa County, California, for any litigation which may arise out of or be related to these Terms or the purchase or use of the Products or Services. Any action brought in any such court may not be transferred or removed to any other court. Buyer waives any objection based upon forum non-conveniens or any objection to venue of any such action.
29. STATUTE OF LIMITATIONS. BUYER AND CURTIS AGREE THAT, UNLESS OTHERWISE SPECIFIED IN THESE TERMS, ANY ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR THE SALE OF THE PRODUCTS OR SERVICES MUST BE BROUGHT WITHIN ONE YEAR AFTER THE DATE ON WHICH THE PRODUCTS OR SERVICE ITEMS IN QUESTION WERE DELIVERED TO BUYER OR THE DATE ON WHICH THE EVENT GIVING RISE TO THE ACTION OCCURRED, WHICHEVER IS EARLIER.
30. NONWAIVER. The failure of Curtis to enforce any of the provisions of these Terms shall not be construed as a waiver of Curtis’ right to enforce each and every provision hereof. Curtis reserves the right to enforce these terms and conditions at any time and none shall be deemed waived unless such waiver is in writing signed by an authorized representative of Curtis. Curtis’ rights and remedies set forth in these Terms are in addition to all legal and equitable rights and remedies available to Curtis.
31. ASSIGNMENT OR DELEGATION. Buyer shall not assign or delegate any or all of its rights or obligations under these Terms without the prior written consent of Curtis, and any attempt to do so will be ineffective.
32. NO THIRD PARTY RIGHTS. These Terms are for the sole and exclusive benefit of the parties hereto and their permitted successors and assigns. Nothing expressed or referred to in these Terms will be construed to give any other person any legal or equitable right, remedy or claim under or with respect to these Terms.
33. INDEPENDENT PARTIES. Curtis and Buyer are independent parties and nothing in these Terms shall make either party an agent, partner, joint venturer, or legal representative of the other.
34. HEADINGS. The section headings contained in these Terms are inserted for convenience only and shall not affect in any way the meaning or interpretation of these Terms.
35. PARTIAL INVALIDITY. If any term or provision of these Terms is determined to be illegal, unenforceable or invalid in whole or in part for any reason, such illegal, unenforceable or invalid provisions or part thereof shall be stricken from these Terms, and such provision shall not affect the legality, enforceability or validity of the remainder of these Terms. If any provision or part thereof of these Terms is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.
36. NOTICES. All notices, requests, demands and other communications required to or permitted to be given pursuant to these Terms shall be in writing and shall be conclusively deemed to have been given (1) when hand delivered to the other party; or (2) two business days after the same have been deposited in a United States post office with first-class or certified mail, return receipt requested, postage prepaid and properly addressed to Curtis at 185 Lennon Lane, Suite 110, Walnut Creek, CA 94598; or (4) the next business day after same have been deposited with a national overnight delivery service reasonably approved by the parties (Federal Express being deemed approved by the parties), postage prepaid, properly addressed with next business day delivery guaranteed, provided that the sending party receives a confirmation of delivery from delivery service provider.
Each party shall make an ordinary, good faith effort to ensure that it will accept or receive notices that are given in accordance with this paragraph, and that any person to be given notice actually receives such notice. A party may change or supplement the addresses given above, or designate additional addresses, for purposes of this paragraph by giving the other party written notice of the new or supplemental address in the manner set forth above.
37. ATTORNEYS’ FEES. If either Party shall bring any action, suit, counterclaim, appeal, arbitration or mediation for any relief against the other, declaratory or otherwise, to enforce the terms hereof or to declare rights hereunder (collectively, an Action), the losing party shall pay to the prevailing party a reasonable sum for attorneys’ fees and costs (at the prevailing party’s attorneys’ then-prevailing rates as increased from time to time by the giving of advance written notice by such counsel to such party) incurred in bringing the prosecuting such Action and/or enforcing any judgment, order, ruling or award (collectively, a Decision) granted therein, all of which shall be deemed to have accrued on the commencement of such Action and shall be paid whether or not such Action is prosecuted to a Decision.
38. ENTIRE AGREEMENT. This agreement and any Order or Acknowledgment between the parties (with any inconsistencies to be governed by the Terms) contain the entire agreement between the parties, and all prior or contemporaneous written or oral communications, negotiations, acts, work performed or payments made prior to the execution of this agreement shall be deemed merged in, integrated and superseded by this agreement.
39. AMENDMENT. No amendment, modification or supplement to these Terms shall be binding on any of the parties unless it is in writing and signed by the parties in interest at the time of the modification.
40. TIME. Time is of the essence in respect to all provisions of this agreement in which a definite time for performance is specified.
41. FURTHER ASSURANCES. The parties shall at their own cost and expense execute and deliver such documents and instruments and shall take such other actions as may be reasonably required or appropriate to carry out the intent and purposes of these Terms.
GENERAL RETURNS POLICY
Curtis strives to maintain the highest level of customer service. In accordance Curtis will refund or exchange your purchase within the following guidelines:
Product must be returned in new, unused condition within 30 days of receipt. Any product you desire to return after that date is subject to review by Curtis, and may be non-returnable.
Product that has been used, damaged, or not purchased through LNCurtis.com or CurtisBlueLine.com or from a Curtis location will not be refunded.
Product ordered in connection with natural disasters, pandemics, materials shortages, terrorist activities or like situations are final upon shipment from Curtis or our vendor and will not be considered for return.
Product that has been altered by engraving, stamping, marking, stenciling, etc., is not eligible for return. Product with an activation code that has been activated is not eligible for return. Clearance, Used, Out-of-Print or Noncurrent Edition product is also non-returnable. Custom, special order product and/or non-stock product may be returned only if acceptable to our vendor. A re-stocking and handling fee, as determined by our vendor and transportation costs to return to our vendor will be charged.
Return your product(s) by following these steps:
- Contact Customer Service at 877.488.0469 or firstname.lastname@example.org to request a return or exchange.
- A Return Authorization (RA) will be issued to you and is required to be included with the return of any product.
- Return your product by bringing it into or shipping to the Curtis location specified on the RA.
- When shipping to a Curtis location, carefully pack the product in order to avoid damage during shipment. Product that arrives in damaged condition is not eligible for return credit and will be shipped back to you.
- Return the product prepaid to the address specified on the RA. Make sure you include a copy of the RA with the product being returned. We recommend that you keep a copy of the RA and the receipt for the return shipment from the shipping service you use. Curtis does not take title to returned product until received by Curtis at our return location in undamaged condition. We will only consider a refund for product that arrives at our facility in undamaged new and unused condition.
Curtis reserves the right to reject any and all product returns. All returns are subject to review upon our receipt of the product and inspection. Product received in condition other than originally shipped may be rejected and shipped back to you.
You may request an exchange, a credit on your account or a refund if the product has already been paid for and funds received by us. All refunds are issued using the original payment method and may take up to ten (10) business days for the refund process to complete.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY L.N. CURTIS & SONS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. L.N. CURTIS & SONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
LIMITATIONS OF USE
LNCURTIS.com and any Company information provided thereon is available to you only for non-commercial uses to determine the availability of goods and services offered on our site and to transact business with L.N. Curtis & sons and/or our marketing partners.
You may not use the information provided on this site for any commercial use or other purpose.
You may not use L.N. Curtis & sons site for or in connection with offering any third party product or service not authorized or approved by L.N. Curtis & sons.
L.N. Curtis & sons is not liable for information that is inaccurate due to technical defects in software used on our web sites whether induced by our systems or by software provided by third parties.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of L.N. Curtis & sons. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of L.N. Curtis & sons without express written consent.
If L.N. Curtis & sons notifies you that the manner in which you are using our site is prohibited or unauthorized, you may no longer use the site for that particular purpose.
EFFECTIVE DATE AND CHANGES
This Terms & Conditions is effective as of June 22, 2010.
Previous Update: December 1, 2019.
Last Update: January 11, 2022.
We reserve the right to modify or end the terms of this Terms & Conditions at any time in our sole discretion, by posting a change or update notice on this page. Your continued use of our website following our posting of a change or update notice will constitute binding acceptance of those changes or updates.
You can be assured that, should it be necessary to modify or end this Terms & Conditions, we will always do so in accordance with the L.N. Curtis & sons privacy principles of Security, Integrity and Clarity.
By doing business with or interacting with L.N. Curtis & sons in the manner described in this Terms & Conditions at any time on or after the effective date stated above, you are accepting the practices described in this Terms & Conditions.
QUESTIONS OR COMMENTS AND ENFORCEMENT