Terms and
Conditions
Privacy
and Security
Island Life Metal Works
is committed to protecting your privacy. We use the
information you provide during online purchasing to
process your online orders only. We do not sell,
trade or rent your personal information to others.
we may release account information when we believe, in
good faith, that such release is reasonably necessary to
comply with law, enforce or apply the terms of any of our
user agreements, or protect the rights, property or safety
of Island Life Metal Works our users, or others. We
collect no other personal information about you other than
what you provide during the checkout process.
Personal Information
Collected
In order to
process your online order, we require your name, email
address, credit card number, expiration date, the name and
billing address of your credit card, shipping address if
different than your credit card billing address, and a
contact phone number. This allows us to process and
fulfill your order and to notify you of your order status.
Protecting Your
Personal Information
When you provide
us your personal information to process your online order,
we receive this information using a secure Internet server
employing the industry standard secure transmission
protocol known as SSL (Secure Socket Layer). SSL
encrypts all personal information you send us, ensuring
that this information is sent to us in a private and
secure manner. Once received, all of your personal
information is protected against unauthorized access.
Island Life Metal Works representative will only ask you
for credit card information if they are taking an order
placed by phone. We will never contact you by phone
or email to ask for your credit card information. If
you receive a phone call or email requesting such
information - DO NOT PROVIDE ANY PERSONAL OR FINANCIAL
INFORMATION. Instead, contact us by phone, fax or
email below and let us know that you have been contacted. An
Island Life Metal Works representative may contact you by
phone or email to confirm the details of your order if
required for fulfillment.
Consent
By using our website, you
consent to the collection and use of your personal
information by Island Life Metal Works. If we change
our Privacy policy, we will post the changes to this page
so that you are always aware of the information we
collect, how we use it and under what circumstances we
disclose it.
Orders processed for all other US states do not require Island Life Metal Works to charge sales tax at this time.
Taxes that appear on your online order are approximate. The actual taxes charged to your credit card will reflect the applicable state and local sales taxes, and will be calculated when your order is shipped. Orders shipped to FL will have all applicable sales taxes added to your total order, and to your shipping charges where appropriate.
1. Offer and Acceptance
By ordering a product on the Website, Buyer shall be deemed to have made an offer to buy the specified product from Island Life Metal Works pursuant to this Agreement. The acceptance and fulfillment by Island Life Metal Works of any order placed on the Website is subject to Buyer's acceptance of all of the terms of this Agreement.
2. Prices, Availability and Taxes
Prices of product on the Website are subject to change at any time without notice. Product availability is subject to change at any time and Island Life Metal Works makes no representations of warranties regarding product availability.
When ordering products on the Website, Buyer may use VISA, MASTERCARD, American Express, Discover, Paypal, check or money order. The payment shown on your credit card statement will read KWPS as payee. If Buyer fails to pay for any products received, Island Life Metal Works shall have the right, in addition to other remedies, to suspend or cancel further deliveries, and to proceed in any court of proper jurisdiction against Buyer for all amounts due to Island Life Metal Works, including, but not limited to, attorney fees, costs and interest.
4. Shipping, Title and Risk of Loss
5. Disclaimer of Warranties
SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING NONINFRINGEMENT, THE PRODUCTS, OR THE MERCHANTABILITY OR FITNESS OF THE PRODUCTS FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES. Buyer is solely responsible for determining the suitability of the products for the uses and applications contemplated by Buyer. Buyer assumes all risks and liabilities arising out of possession, use, or resale of the products, whether used singly or in combination with other material, including, but not limited to, any risk or liability based on alleged negligence on the part of Island Life Metal Works.
6. Buyer's Representations
Buyer represents that he/she has the requisite power and authority to enter into this Agreement and to perform the obligations under this Agreement. Buyer represents that he/she has provided accurate information to Island Life Metal Works in purchasing products through the Website and that his/her offer to purchase products complies with all applicable laws. Buyer acknowledges and agrees that he/she is solely responsible for compliance with all applicable laws and regulations concerning Buyer's purchase, possession, use, or resale of the products. Buyer further represents that he/she is familiar with the characteristics of the products, and will comply with all laws, regulations, and standards applicable to the possession, handling, processing or use of the products by Buyer, including, but not limited to, the Occupational Safety & Health Act of 1970.
7. Indemnification
Buyer shall defend, indemnify and hold Island Life Metal Works and its suppliers, including, but not limited to, their affiliates, agents, assigns, attorneys, employees, insurers, officers, predecessors, representatives, and successors, harmless from and against all claims, liabilities, costs and expenses (including, but not limited to, those related to injury or to death of Buyer or other persons) arising from or connected with (a) a breach by Buyer of this Agreement or (b) the possession, handling, use, or resale of the products by Buyer or others, including, but not limited to, any claims alleging negligence on the part of Island Life Metal Works. .Island Life Metal Works may participate in the defense of any such claim for the further protection of its own interests.
8. Limitation of Claims
Without limiting the scope of any other terms and conditions herein, any and all claims related to products sold to Buyer through the Website shall be made within ten (10) days after receipt of the product to which the claim relates, or if for non-delivery, after the scheduled delivery date thereof. Buyer's failure to give Island Life Metal Works written notice of any claim within the applicable time period shall constitute an absolute and unconditional waiver of such claim. In no event shall Buyer commence any action against Island Life Metal Works related to products sold to Buyer through the Website later than one year after receipt of the product giving rise to such action.
9. Limitation of Liability
Without limiting the scope of any other terms and conditions herein, including Island Life Metal Works disclaimer of warranties, no claim of any kind, whether as to products delivered or for non-delivery of products, or otherwise, and whether based on contract, breach of warranty, negligence, strict liability, indemnity, contribution, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. IN NO EVENT SHALL ISLAND LIFE METAL WORKS BE LIABLE FOR LOSS OF BUSINESS, LOSS OF PROFITS OR GOOD WILL, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BUYER'S CLAIM IS BASED ON CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, AND NOTWITHSTANDING ANY CLAIM THAT SUCH LOSSES WERE REASONABLY FORESEEABLE TO ISLAND LIFE METAL WORKS OR ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
10. Force Majeure
Without limiting the scope of any other terms and conditions herein, ISLAND LIFE METAL WORKS shall not be responsible or liable for any delay or failure to deliver any or all of the products for causes beyond its reasonable control, including, but not limited to, any cause or circumstance which makes impracticable the production, transportation or delivery of the products. ISLAND LIFE METAL WORKS may cancel an order to the extent the quantity not delivered is due to any such cause or circumstance. In no event shall ISLAND LIFE METAL WORKS be obligated to purchase products to replace any quantity not delivered due to any such cause or circumstance. In the event of any cause or circumstance excusing ISLAND LIFE METAL WORKS, ISLAND LIFE METAL WORKS shall have the right to allocate any remaining product supply among its customers, including those not under contract, in a fair and reasonable manner, and Buyer hereby releases ISLAND LIFE METAL WORKS from responsibility or liability for any resulting incomplete fulfillment of Buyer's order.
11. General
a) No waiver by either party of any breach of any terms or conditions contained herein shall be construed as a waiver of any succeeding breach of the same or any other terms or condition herein. Nothing contained herein shall limit the remedies of ISLAND LIFE METAL WORKS in the event of Buyer's breach of this Agreement.
b) All notices related to this Agreement shall be in writing. The parties expressly agree that electronic communications shall be considered "writings" for all purposes under applicable law. If notice is not sent by electronic communications, notices shall be deemed given when delivered to or deposited in the United States mail, first class, postage prepaid, and, if to Buyer, sent to the address identified by Buyer when registering to purchase products through the Website.
c) If any terms and conditions herein are held to be invalid or unenforceable, such holding shall not affect the validity or enforceability of any other term or condition herein.
d) These Terms and Conditions shall be governed by and construed under the laws of Florida, United States of America, without regard to conflict of laws principles. Any legal action with respect to any transaction subject to this Agreement must be commenced within one year after the cause of action has arisen. Any actions arising out of products purchased through the Website shall be commenced in the state or federal courts of Florida. Buyer agrees to submit to the jurisdiction of these courts and waives any claim that venue is improper for any reason in these courts.