TERMS AND CONDITIONS
Last Updated: May 1, 2022
Welcome to our website. By visiting or shopping at this website, you (“Customer”, “your”) accept the following terms and conditions (“Terms”). These Terms shall not be superseded by any provisions that may be contained in any purchase order or other documentation that may at any time be submitted to Dayton Air Control Products, LLC dba Dayton Air Suspension and Control Products (“Dayton Air Control Products, LLC”, “we”, “our”, “us”) by Customer unless specifically agreed to in writing by Dayton Air Control Products, LLC. Please read the Terms carefully.
PRIVACY
Please review our Privacy Notice, which also governs your use of our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use our website, or send emails, text messages, and other communications from a desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages and you can retain copies of these communications for your records. 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.
COPYRIGHT
All content included on this website, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software is our property or the property of our content suppliers and protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of this website’s owner and protected by United States and international copyright laws. All software used on this website is the property of this website’s owner or its software suppliers and protected by United States and international copyright laws.
LICENSE AND SITE ACCESS
We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extractions tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates our permission or license.
PRODUCT DESCRIPTIONS AND PRICING ERROR
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this website are accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition. We therefore reserve the right to correct any errors or inaccuracies and to change or update information at any time without prior notice (including after you submit an order). In the event of a pricing or stocking error, we will contact you to provide you with the option of canceling your order, or to proceed based upon the correct information.
QUOTATIONS
Written quotations are firm for 30 days from quotation date unless stated on the quotation to the contrary or unless revoked by oral or written notice from Dayton Air Control Products, LLC prior to acceptance by Dayton Air Control Products, LLC of a written order from customer. Also, unless stated by the manufacturer or by Dayton Air Control Products, LLC to the contrary, quoted prices will apply on products scheduled for shipment within 30 days of the quote, while prices in effect at the time of shipment will apply on unscheduled shipments and products scheduled for shipment beyond 30 days. If the cost to Dayton Air Control Products, LLC of performance hereunder should be increase by reason, directly or indirectly, of any governmental action, including without limitation the imposition of variation of any customs duty, Dayton Air Control Products, LLC shall have the right to increase the quotation price by the amount of such increased cost.
ORDERS, PAYMENTS, DELIVERY
On approved credit sales, terms are net 30 days unless otherwise stated in writing. When credit has not been approved, payment terms, subject to prior approval by Dayton Air Control Products, LLC, may be cash in advance, C.O.D., or an acceptable credit card. Dayton Air Control Products, LLC without liability to Customer or any party, may at any time alter or suspend credit or discontinue deliveries or stop goods in transit when, in its opinion, the financial condition of Customer or potential Customer warrants such action. In such case, Dayton Air Control Products, LLC shall be paid by Customer for service charges. Dayton Air Control Products, LLC reserves the right to add a monthly service charge up to the maximum rate permitted by law for delinquent accounts. All sales are F.O.B. Shipping Point, unless otherwise agreed to by Dayton Air Control Products, LLC in writing. All risk of loss or damage shall pass to Customer upon delivery of the products to the carrier. Any claims for loss or damage during shipment are to be filed with the carrier. Dayton Air Control Products, LLC will not accept responsibility for any such claims. Dayton Air Control Products, LLC shall make every reasonable effort to meet commitments concerning shipping dates; however, revision may be necessary due to unforeseen events.
Dayton Air Control Products, LLC will not be responsible for any loss, including by not limited to incidental, special or consequential damages, occurring to customer or to any other party as a result of any delay in shipment.
Orders are not cancellable by Customer unless and until all cancellation provisions, if any are agreed to by Dayton Air Control Products, LLC in writing and all cancellation charges, if any, have been paid by Customer. Customer shall not debit, back charge or set off Dayton Air Control Products, LLC for returns, warranty claims or for any other reason, without prior written consent from Dayton Air Control Products, LLC.
LIMITED WARRANTIES
THIS WEBSITE AND ALL INFORMATION CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENET PERMISSIBLE BY APPLICABLE LAW EXCEPT AS SPECIFICALLY PROVIDED HEREIN, DAYTON AIR CONTROL PRODUCTS, LLC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES, MALWARES OR OTHER HARMFUL COMPONENTS, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The only warranties made on products and services sold by Dayton Air Control Products, LLC are to the original purchaser for a period of 12 months from the date of original purchase. Dayton Air Control Products, LLC warrants that products will be free from defects in workmanship and materials when used as specified under normal operating conditions, subject to the requirements and exclusions set forth below. In the event Dayton Air Control Products, LLC has modified, altered or fabricated any of the products sold by it, Dayton Air Control Products, LLC warrants only that such modification, alteration or fabrication shall be free of defects in material or workmanship for 12 months from shipment to the original purchaser. As to such warranties by Dayton Air Control Products, LLC, its liability is limited exclusively to making replacement or repairs or to refunding the price for such modifications or alterations made by Dayton Air Control Products, LLC.
This warranty does not apply and is void if damage or failure from negligence, accident, abuse, misuse (including but not limited to racing or off-road activities), abnormal use, improper use, improper installation or other external cause. Any Customer modifications, alterations or repairs (actual or attempted) to the products sold by Dayton Air Control Products, LLC shall void all warranties of Dayton Air Control Products, LLC unless Customer has obtained prior written authorization from Dayton Air Control Products, LLC consenting to such modifications or alterations.
Dayton Air Control Products, LLC staff are not authorized to warrant the suitability of products for any particular application beyond the state of use described or warranty provided by the manufacturer for any such products. In no event whatsoever shall Dayton Air Control Product, LLC be liable to Customer for any amount beyond the initial purchase price paid for the products or services by the original purchaser.
TAXES, GOVERNMENT REGULATIONS
Unless otherwise expressly stated in writing, Dayton Air Control Products, LLC prices do not include sales, use, excise or any other federal, state or local taxes, as well as any duties, taxes or brokerage fees to a non-US address. Customer shall be liable for any such levies. Failure by Dayton Air Control Products, LLC to collect any such taxes from Customer with the initial invoiced amount shall not constitute a waiver of or bar to Dayton Air Control Products, LLC’s right to bill and collect from such Customer subsequently for such taxes. Customer shall comply with all governmental laws and regulations, and shall secure all necessary approvals, if any, applicable to the delivery, use and sale of the products and any other conduct contemplated by Customer’s purchase of the products.
RETURN POLICY
Within 30 days of receipt of shipment, Customer may return any new, unused item for a full refund to the
original method of payment of the original purchase. Simply contact our Customer Service team for a return authorization number. They will provide instructions on the return and the address to send the package back. Returned goods must be in first class salable condition, in their original container, shipment prepaid and subject to inspection upon receipt by Dayton Air Control Products, LLC. Items covered by return policy do not have a restocking fee unless the complete item is not returned or it has been used.
If the shipment arrives at its destination and is missing any parts or is damaged and a replacement is needed contact Customer Service within 5 days of the receipt of the shipment. We will have a replacement item or missing parts shipped to you, using the same expedited shipping method you used for your original order.
Please note that we cannot exchange items. Simply place a new order for the items you would like. When the original order is returned a credit will be issued for the returned items.
USE OF PRODUCTS
The installation and the operation of the products purchased from Dayton Air Control Products, LLC in a safe manner and in conformance with all applicable codes and regulations, including the Occupational Safety & Health Act (O.S.H.A.) is Customer’s responsibility.
OWNERSHIP OF DESIGNS
If any engineering and/or design work is performed by Dayton Air Control Products, LLC for Customer relative to products ordered under this agreement, Customer agrees that all right, title, copyright and ownership of such engineering and/or design work is solely the property of Dayton Air Control Products, LLC.
DISPUTES
Any dispute or claim relating in any way to your visit to our website or to the products or services sold by Dayton Air Control Products, LLC shall be adjudicated in the state or federal court in Montgomery County, Ohio, and you consent to exclusive jurisdiction and venue in these courts. Each party agrees to waive any right to a jury trial.
WEBSITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our privacy policy, posted on this website. These policies also govern your visit and use of our website. We reserve the right to make changes to our website, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
APPLICABLE LAW
By visiting our website, you agree that applicable federal law, and the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Dayton Air Control Products, LLC.
OUR ADDRESS
Dayton Air Control Products, LLC
2785 Lance Drive
Dayton, OH 45409 US
E-Mail: sales@daytonairsuspension.com
