General Site Disclaimer
PRICES AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT NOTICE. ALL SALES ARE FINAL.
The information contained herein including all images, illustrations, designs, photographs, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by Forcefield® or are the property of their respective owner. None of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied, or reproduced without the prior written permission of Forcefield® or the applicable copyright owner. Violators will be prosecuted to the full extent of the law.
Forcefield Hurricane Protection Systems® Forcefield®, Forcefield Hurricane® Shutters and MORESM, Hurricane Shutter SuperstoreSM, Hurricane SuperstoreSM Shutter SuperstoreSM and Hurricane Defense VehicleSM are registered trademarks and service marks of Forcefield Hurricane Protection Systems®.
Forcefield® provides this site on an "as is" basis. Forcefield® makes no representations or warranties of any kind, either express or implied, as to the operation of the site, the information, content, materials, or products included on this site. To the full extent permissible by law, Forcefield® disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Forcefield® will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental punitive and consequential damages.
© Forcefield Hurricane Protection Systems®
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TERMS CONDITIONS AND DISCLAIMER
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General: By placing an order on this site or in any Forcefield® company or franchised showroom location, the buyer agrees full compliance to this terms and condition set forth by the Forcefield®.
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Return policy: READ THIS CAREFULLY. ALL SALES ARE FINAL NO REFUNDS OR EXCHANGES ARE AVAILABLE. NO PRODUCTS OR MATERIALS MAY BE RETURNED. BUYER IS RESPONSIBLE FOR ALL MEASUREMENT, SIZING, APPLICATION, SUITABILITY FOR A PARTICULAR PURPOSE AND OR INSTALLATION AND ACCEPTS FULL RESPONSIBILITY FOR ANY ERRORS IN SELECTING, MEASURING AND ORDERING PRODUCT(S).
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Shipping Policy: ORDERS ARE TYPICALLY PROCESSED AND SHIPPED THE FIRST BUSINESS DAY AFTER PAYMENT HAS BEEN PROCESSED. OCCASIONAL PRODUCT BACKORDER MAY DELAY AN ORDER. WE WILL DO OUR BEST TO INFORM YOU IF YOUR ORDER IS EXPECTED TO BE DELAYED LONGER THAN 3-4 DAYS. TRANSIT TIME DEPENDS ON THE SHIPPER. FORCEFIELD’S LIABILITY ON SHIPMENT ENDS ONCE THE SHIPPER TAKES CUSTODY OF THE ITEM. THIS SIMPLY MEANS THAT FORCEFIELD’S LIABILITY ON EACH SHIPMENT CEASES AT THE POINT OF DROP OFF OR HAND OVER TO THE SHIPPER. IF THE ITEM IS LOST FROM THIS POINT AFTERWARDS, FORCEFIELD® WILL NOT TAKE ANY RESPONSIBILITY. SHIPMENT DOES NOT COME WITH ANY STANDARD INSURANCE UNLESS SPECIFICALLY REQUESTED BY THE BUYER. SHIPPING INSURANCE OPTION IS AVAILABLE FOR BUYERS; PLEASE EMAIL US REGARDING A SHIPPING INSURANCE QUOTATION FOR YOUR LOCATION PRIOR TO PLACING YOUR ORDER.
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Privacy Policy: No personal information gathered will be sold or given to any third parties other than for verification of billing and credit card processing.
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Time of Completion. Forcefield® shall endeavor to furnish the materials as promptly as possible. However, Forcefield shall not be responsible for manufacturing or shipping delays, delays occasioned by shortages of material or labor, or other events beyond the control of Forcefield, or force majeure. There is no guaranteed date for delivery of the materials, and Forcefield shall not be responsible for any delay.
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Payment. Buyer shall pay the total of the agreed price set forth for the products immediately.
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Risk of Loss. Risk of loss for each and every component of the work shall pass to Buyer immediately upon release to shipper.
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Limited Warranty. As the sole and exclusive warranty from Forcefield to Buyer hereunder and in connection with the work, Forcefield warrants to Buyer that the materials shall be free from defects for a period of one (1) year from the date of installation. If any defect in materials is reported during the one (1) year warranty period, Forcefield’s sole liability hereunder shall be to, ARRANGE FOR BUYER TO RETURN PRODUCT DIRECTLY TO MANUFACTURER FOR REPAIR OR REPLACEMENT AT THE MANUFACTURERS DISCRETION. Buyer is to bear all shipping costs to and from manufacturer. Forcefield shall not be responsible for any defects that are not reported to within the one (1) year warranty period. This limited warranty shall terminate upon the transfer of ownership of the property from Buyer to any other party by conveyance, operation of law, or otherwise. Forcefield® shall in no event be responsible for damage to property other than the materials installed. The express warranty set forth herein shall be in lieu of all other warranties express or implied, and all such warranties are hereby expressly waived and disclaimed including but not limited to all warranties of merchantability and fitness for a particular purpose.
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Warning. The installation, removal, and operation of all hurricane protection products is a hazardous activity, that involves risk of injury. All Buyers should use due care in installing moving and attaching products to their home, and retain the services of qualified professionals for installation when appropriate. The use of appropriate gloves, face and eye protection is advised as well as the use of protective clothing. Do not attempt to install these products yourself. Forcefield® shall not be responsible for injury sustained in handling or installing its product. Furthermore, hurricane protection products can block egress from a home in fire conditions. Accordingly, Buyer will provide for safe access/egress from the property and Buyer understands that all shutters and panels should be opened or removed as is safely possible after storm conditions have passed.
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Dispute Resolution. The sole and exclusive method of dispute resolution shall be binding arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. The parties agree the venue for the arbitration proceeding shall be in Charlotte County, Florida. Upon initiation of arbitration proceedings, the parties agree to submit the dispute to formal non-binding mediation. Nothing herein shall limit Forcefield’s right to record and perfect a claim of lien for nonpayment in accordance with the provisions of Chapter 713 Florida Statutes, or applicable law in the jurisdiction of the buyer or the location where the installation takes place. Any arbitration award shall be confirmed by final judgment in favor of the prevailing party including lien foreclosure as applicable. The prevailing party in any arbitration proceeding shall be entitled to recover all reasonable attorney fees and costs incurred in connection with the dispute submitted to arbitration.
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Entire Agreement. This document contains and sets forth in writing herein the entire agreement of Buyer and Forcefield®. There are no agreements, understandings, warranties, presentations, terms, or conditions except as set forth expressly in writing herein, and Buyer is not relying on any statement, representation, or promise of Forcefield® except as expressly set forth herein. This agreement may not be modified, supplemented, or amended except by subsequent written document executed by Buyer and an authorized representative of Forcefield®. |