IMPORTANT – PLEASE READ & REVIEW CAREFULLY
By accessing and browsing our website, you agree that you have reviewed and accept the following Terms & Conditions:
Abaco Machines manufactures quality material handling equipment and sells exclusively B2B thru Authorized Distributors. Abaco does not sell direct to consumers, end-users or fabricators.
Abaco Machines understands the importance of choosing the right product for your customer’s project.
Once an Abaco Machines product has been used, it cannot be returned for any reason. Abaco Machines is not responsible for product defect or damage, property damage or lost labor costs due to faulty installation or operation. Claims for damage or shortages must be made upon receipt of product. Thoroughly inspect all products before installation as use will constitute acceptance.
PRODUCT RETURN PROCESS
1) Customer must obtain a Returned Material Authorization (RMA) prior to returning any product to Abaco Machines USA for replacement or credit. Please visit https://abacomachines.com/rma-policy
2) Customer is responsible for paying freight and insurance for all product returns, except when a product is returned as a result of an error by Abaco Machines USA, as determined by Abaco Machines USA in its sole discretion.
3) Once an RMA is issued, Customer must return the product to Abaco Machines USA (as specified in the RMA) within 30 days. Upon receipt of the product, Abaco Machines USA will inspect the product and, if the product passes inspection, shall issue a credit or send a replacement for the products, as determined by Abaco Machines USA in its sole discretion
All returned merchandise must be undamaged and in resalable condition. To receive credit or a replacement product, Customer must return the original product in the same condition as delivered in original packaging. If a product can be restocked, as determined by Abaco Machines USA, Customer must request an RMA within 30 days of the date of the invoice for the product. All Returned Products will incur a restocking fee up to 35% plus any repair costs, which will be offset against any credit issued. Abaco Machines USA reserves to the right to charge additional fees if the returned product is damaged or misused or parts are missing.
All Parts Sales are Final. All Boom Sales are Final.
Order cancellations must be made in writing to firstname.lastname@example.org and are subject to a $75 cancellation fee.
Once an order has been loaded and is in route to the shipping address, Abaco Machines will charge all applicable shipping fees as part of the return. The customer is solely responsible for all outgoing and return shipping costs. Any items returned without return authorization, including canceled orders and refused shipments, are subject to a restocking fee up to 35%, as determined by Abaco Machines.
PLEASE DO NOT REFUSE ANY SHIPMENT. If your shipment arrives damaged, please take pictures and call us at 1-310-532-0366 immediately for assistance with getting replacements sent to you. (Please see Damages Policy).
If you refuse to accept an order, Abaco Machines will charge all applicable shipping fees as part of the return. The customer is solely responsible for all outgoing and return shipping costs. Any items returned without return authorization, including canceled orders and refused shipments, are subject to a 35 percent restocking fee.
SHIPPING METHODS & POLICY
Abaco Machines offers three types of shipping methods.
Option 1: UPS = Orders of products that are less than 13” and less than 75 lbs. Please indicate your UPS account number of your Purchase Order or, we will use our UPS account number and add to your invoice.
Option 2: LTL (Truck Freight) = Orders of products over 13” and more than 75 lbs.
Option 3: Dedicated Truck Loads
Due to the weight and fragile nature of our products, we typically do not offer any kind of expedited shipping options.
All orders for products in our California warehouse inventory typically take 48 hours to process. All orders ship only to the Distributor billing address unless requested in writing and approved by Abaco Machines.
All delivery dates will be based off the tracking number provided when the product is picked up and shipped out. Shipments can be tracked through the tracking number provided. All delivery dates and times are estimates. We highly recommend that you do not schedule your installer until you have received your product.
When your order arrives, you want to be sure the quantities match what you ordered. To guarantee customer satisfaction, please make note of the following when receiving your order:
1) Visually inspect the condition and entirety of the shipment, make sure to note missing items or damaged materials. The order confirmation email you received lists all the materials and quantities you ordered. You will need to examine the shipment and count each item to make sure everything ordered has been received.
2) Unless specifically requested in writing, all LTL Deliveries are made to only commercial addresses and require a forklift. LTL Deliveries to residential addresses or locations without a forklift may incur additional costs.
3) PLEASE DO NOT let the delivery driver leave until you have verified the material received is in good condition and that all material has been accounted for. Any damaged or missing items must be noted on your delivery receipt. If not noted, it increases the amount of time required to seek resolution. And in such cases, you will be required to file directly with the carrier. See our Damages Policy for more information.
Taking into consideration the many variables in shipping, we strongly recommend that you do not schedule your installer until after you have received your order in its entirety. Manufacture times, weather, supply-demand conditions and replacement shipping for damaged items are just some of the instances that may delay your order. We cannot be held liable for failure to meet scheduled install dates due to delivery. Delivery dates are approximate, and as such, cannot be promised under any circumstance.
You have 7 business days maximum storage on any completed order. Additional time left in storage will incur $25 per pallet per day in storage fees for each day the product has not been picked up after 7 business days.
Once an order has been loaded and is in route to the shipping address, Abaco Machines will charge all applicable shipping fees as part of the return. The customer is solely responsible for all outgoing and return shipping costs.
Abaco Machines USA offers will call pickup at our Paramount, California warehouse. All purchases made for will call will be generally available for pickup within 48 hours of purchase order receipt. To ensure the security of your purchase we require 2 items of verification and original Purchase Order to will call pick up in our California warehouse. All will call pickups require the Distributor has a valid California Tax Resale certificate with no exception.
THIRD PARTY WILL CALLS
If you would like for third-party to pick up your purchase, you will need to add that person to your order at time of purchase. The person picking up the merchandise will need to provide a valid Government issued ID prior to Abaco Machines releasing any merchandise to this person. A third-party can only be added to the order at time of purchase.
International Shipments can be subject to additional brokerage fees, processing fees, duty fees, and taxes, which are to paid by the Distributor.
DISTRIBUTOR PURCHASE ORDERS
All Purchase Orders must be submitted using a formal Purchase Order Form. If not available, you can use the form at https://abacomachines.com/mypo
ABACO MACHINES STORAGE AND PICKUP TERMS AND CONDITIONS
PLEASE REVIEW THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS AND CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN A JURY OR ANY OTHER COURT PROCEEDING, OR CLASS ACTION OF ANY KIND.
Abaco Machines is pleased to offer 7 business days of free storage from the date of purchase. A storage fee of $25 per business day per pallet after the first 7 business days will be applied to any order that has not been completely picked up. Any applicable storage fees must be paid in full before products will be released.
LOADING AND SECURING OF MERCHANDISE
Distributors electing to pick up merchandise from Abaco Machines California location are responsible for providing a safe and adequate vehicle for transportation and assume full responsibility for pick up and transportation of merchandise. As a courtesy to its customers, Abaco Machines will assist with the loading of purchased merchandise; however it is the customer’s responsibility to STOP the employee if he/she feels that the load is too heavy for the vehicle or is not otherwise safe. Abaco Machines reserves the right to refuse and/or cease loading service. The customer is SOLELY responsible for securing of merchandise and ensuring it is properly loaded and/or secured prior to leaving the premises. Abaco Machines is not responsible for damages occurring to vehicles while loading. If equipment or machinery is in use, the customer is required to stand at least ten feet away from the operation of any such equipment or machinery and to otherwise exercise diligence to protect themselves from harm. CUSTOMER ASSUMES FULL RESPONSIBILITY FOR LOADING AND/OR TRANSPORTATION OF MERCHANDISE AND RELEASES ABACO MACHINES FROM ANY LIABILITY, DAMAGES OR CLAIMS ARISING OUT OF CUSTOMER’S PICK UP AND/OR TRANSPORTATION OF MERCHANDISE.
PRODUCT ACCURACY VERIFICATION
MAKE SURE TO INSPECT ALL MERCHANDISE AT THE TIME OF PICK UP. It is the buyer’s responsibility to inspect and verify the type of merchandise purchased, quantity, model number and to verify all labels on product to ensure accuracy prior to leaving the warehouse. Any discrepancies between the customer’s inspection and the purchased merchandise as reflected upon the sales receipt must be determined prior to leaving the premises and a manager must be notified. By signing your receipt at the time of pickup, your signature will constitute your agreement that your order has been received in FULL and that it is ACCURATE. Once you have left the premises, no exceptions will be made.
Customers agree to be contacted by Abaco Machines, including by prerecorded call, automatic telephone dialing system, or text message, at the telephone number provided to and/or on file with Abaco Machines regarding the pickup or delivery of their order. Customers agree that any such communications are informational only.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”) SCOPE OF THE ARBITRATION AGREEMENT.
Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and Abaco Machines agree that any legal dispute or claim between you and Abaco Machines related to or arising from any product sold by Abaco Machines, any purchase, pick up, or delivery from Abaco Machines, any communications between you and Abaco Machines, or your participation in any other program or service provided by Abaco Machines, shall be resolved through binding individual arbitration. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. However, either you or Abaco Machines may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and Abaco Machines, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
INFORMAL DISPUTE RESOLUTION.
Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to Abaco Machines at 14508 Garfield Avenue., Paramount, CA 90723, Attn: Legal Department, or (2) to you at the postal address on file with Abaco Machines. Both you and Abaco Machines agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
HOW ARBITRATION WORKS
Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and Abaco Machines agree otherwise, any arbitration hearing shall take place in the county of your residence. If you live outside the United States, any arbitration will take place in Cobb County, Georgia. Unless an applicable statute expressly permits awarding attorney’s fees to the prevailing party, all administrative fees and expenses of arbitration will be divided equally between you and Abaco Machines. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing.
WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. YOU AND ABACO MACHINES ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU AND ABACO MACHINES HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
GOVERNING LAW AND OTHER TERMS
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of California will govern without regard to principles of choice or conflicts of law. Abaco Machines will provide notice of any material changes to this Arbitration Agreement. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.
Abaco Machines stands behind our product, and we want to take all the stress out of your order. We ship all over the country, from Florida to California and every point in between. Many of the products that we ship are heavy by nature, and on occasion damages can take place during transit. If you receive any damaged tiles in your shipment, please follow the policies below by calling or emailing us right away and we will ship out replacement tiles immediately, at no additional cost to you. We have Specialists available Monday-Friday, 7:30am-4pm Pacific, ready to assist you.
If you receive a damaged shipment, follow these 3 steps;
- Accept the shipment and take pictures of the damaged product.
- Contact Abaco Machines immediately via email email@example.com
- Provide Abaco Machines with the required documentation:
- POD (Proof of Delivery Receipt)
- Pictures of Damaged Product
- Number of pieces damaged.
- Original Purchase Order Number and Invoice Number
Upon initial receipt of the shipment, look for any indication of damage on the outside of the cartons or packing material. Notate any damage on the POD provided by the driver, this will ensure a faster turn around on filing the claim and re-shipping the product. Even if no damage is noted on the POD, you can still file a claim for hidden damage.
***NOTE: PLEASE NEVER REFUSE A SHIPMENT***
Refusing a shipment will incur additional shipping charges that the customer will be responsible for paying. Refused shipments are subject to return shipping costs and, in certain circumstances, will incur up to a 35% restocking fee.
PLEASE DO NOT DISCARD any of the damaged material or packaging. Once reported, the damaged material is the property of the carrier, by law, and they have 120 days to decide if they wish to inspect, pick up or advise to discard the damaged material. Abaco Machines cannot be held responsible for any damages or shortages. The carrier is responsible once the product leaves our possession.
ADDITIONAL ONLINE TERMS & CONDITIONS
PLEASE REVIEW THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS AND CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN A JURY OR ANY OTHER COURT PROCEEDING, OR CLASS ACTION OF ANY KIND.
This Site and the materials within it are © 1995-2020 Abaco Machines USA Inc. (“Abaco Machines”). Viewing this Site creates a copy of Abaco Machines materials in your computer’s random access memory and/or in your hard drive and/or in your proxy server.
Abaco Machines grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Abaco Machines that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and Abaco Machines relating to the sale of products or services to you through this Site, Abaco Machines will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Abaco Machines and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Abaco Machines aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Abaco Machines, the Abaco Machines logo and the other Abaco Machines formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Abaco Machines. Abaco Machines prohibits use of the Abaco Machines logo as part of a link to or from any site unless establishment of such a link and use of the Abaco Machines logo is approved in advance by Abaco Machines in writing. Fair use of Abaco Machines’s Trademarks requires proper acknowledgement. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
In connection with your use of this Site, you may not:
1) “harvest” (or collect) information from this Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on the Site,
2) use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site,
3) “stream catch” (download, store or transmit copies of streamed content),
4) obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you,
5) “flood” the Site with requests or otherwise overburden, disrupt or harm the Site or its systems,
6) circumvent or reverse engineer the Site or its systems, or
7) restrict or inhibit another user or users from using and enjoying this Site. In addition, if you post something to this Site, such as comments or other content, you may not post anything that:
8) infringes any third party intellectual property right (such as copyrights),
9) is defamatory (i.e., something that is negative and untrue about another person or entity),
10) divulges another person’s or entity’s confidential or private information or trade secret,
11) is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory,
12) encourages criminal conduct,
13) advertises or solicits business for products or services other than those that are offered and promoted on this Site, or
14) contains any virus, malware, spyware or other harmful content or code.
Abaco Machines cannot guarantee the availability of any particular product displayed on this Site. Abaco Machines reserves the right to discontinue the sale of any product listed on this Site at any time without notice. Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets. Any prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. We do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. Abaco Machines reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted). Delivery of Abaco products is “curbside” only. If you require special shipping arrangements (upstairs, rooftop, etc.), please request in writing at time of Purchase Order submission.
LINKS TO THIRD PARTY SITES
This Site may contain links to Sites owned or operated by parties other than Abaco Machines. Such links are provided for your reference only. Abaco Machines does not control outside Sites and is not responsible for their content. Abaco’s inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Abaco’s inclusion of the links imply that Abaco Machines is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.
Abaco Machines may make employment information available through this Site. Abaco Machines is an equal opportunity employer. Abaco Machines provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. Abaco’s policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.
If you have any questions about this agreement, please call us at 1-310-532-0366 or use the contact us page at https://abacomachines.com. Although Abaco Machines will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), Abaco Machines does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.
Abaco Machines is pleased to hear from its customers and visitors to its website regarding its products and services. If you send or submit any information or material (e.g., postings to chat boards, e-mails, submissions to contests, or “before and after” pictures and/or commentary) to Abaco Machines (the “Submissions”), the Submissions shall be deemed, and shall remain, Abaco Machines’s property. The Submissions shall not be subject to any obligation of confidentiality on the part of Abaco Machines and Abaco Machines shall not be liable for any use or disclosure of the Submissions. By providing the Submissions to Abaco Machines, you agree that Abaco Machines has the right to publish the material for any purpose, and in any medium, including, but not limited to, advertising and promotional purposes. You represent that any Submissions posted or otherwise submitted by you to the Site is original to you and that you have the right to grant us these rights.
Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.
COPYRIGHT INFRINGEMENT NOTICES
SUSPENSION OR TERMINATION OF ACCESS
We have the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these terms and conditions. In addition, we have a policy of terminating the Site usage privileges of users who are repeat infringers of intellectual property rights. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the terms and conditions that were in effect as of the date of your suspension or termination.
You agree that this agreement and your use of this Site are governed by the laws of the State of California, USA. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own.
You agree that Abaco Machines may at any time change the terms, conditions and notices under which this Site is offered. Such changes will be effective when posted. By continuing to use the Site after we post any such changes, you accept the terms and conditions as modified. We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), this Site or any portion of this Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
You agree to abide by Abaco’s Standard Payment Terms. All past due payments are subject to interest fee of 1.5% per month on the unpaid balance. Abaco reserves the right to refuse new orders on past due accounts.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Abaco Machines as a result of this agreement or your use of this Site. Abaco’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Abaco’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Abaco Machines with respect to such use.
The communications between you and us via this Site use electronic means, whether you visit this Site or send us an email, or whether we post notices on this Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
If any provision of these terms and conditions is found to be illegal or unenforceable, the remainder of these terms and conditions shall continue to be fully valid, binding, and enforceable. These terms and conditions are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these terms and conditions may only be invoked or enforced by you or us.
Copyright © 1995-2019 Abaco Machines USA Inc.
All Rights Reserved.
Effective Date: April 1, 2019
The ABACO word mark and logo are registered trademarks of Abaco Machines USA Inc.