Terms and Conditions

Fume Dog Terms and Conditions

These terms and conditions (these "Terms") apply to the purchase and sale of products and use of services through fumedog.com (the "Site"). These Terms are subject to change by Fume Dog, LLC (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or using any services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or using services through this Site.

1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you and we may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have shipped by calling us at 1-800-980-3481.

 

2. Prices and Payment Terms.
   1. All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

 

1. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept credit cards or purchase orders for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. Credit card payments are accepted and processed on the Site, but you must email purchase orders to sales@fumedog.com for our review and acceptance.

 

1. You will pay or reimburse us for the amount of any sales, use, excise or other tax now or hereinafter imposed by reason of the production, sale, transportation, delivery or installation of the products.

 

3. We will arrange for the shipment of the products to you, in accordance with our Shipping Policy, which is available on the Site, and is incorporated into these Terms by reference.

 

4. Estimated Delivery. The delivery date set forth in your confirmation email is our best estimate of when the products will be delivered to carrier and will not be deemed to represent a fixed or guaranteed delivery date. Title to and risk of loss of the products will pass to you upon delivery to the carrier at point of shipment, as set forth in the Shipping Policy.

 

5. Returns: The following standard Fume Dog return policy applies to all products sold on the Site. We reserve the right on all returned items to charge a restocking fee of thirty percent (30%) for returned products (the “Restocking Fee”). This Restocking Fee may apply as soon as the product leaves our facility and is not limited to products that have been used. The Restocking Fee will be deducted from the refund or credit issued to you. The Restocking Fee is assessed to cover the costs associated with inspecting, repackaging, and processing returned items, as well as any potential decrease in the product's resale value due to handling or transportation. By using our website and making purchases, you agree to comply with our Restocking Fee Policy as outlined above. You are responsible for all shipping and handling fees on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. You will receive a full refund of the purchase price less the shipping fee (if applicable) within approximately 3 business days after the returned item is received; your refund will be credited back to the same payment method used to make the original purchase on the Site. A Return Merchandise Authorization (RMA) number must be requested by emailing sales@fumedog.com within 30 days of delivery of the ordered item. No returns of any type will be accepted without an RMA number. Please include your order number and full billing name in the email’s subject line. We will reply to your email within approximately 24 business hours with return instructions and the shipping address. ALL SALES ARE FINAL IF PRODUCTS HAVE BEEN USED, HOWEVER WE MAY, AT OUR ABSOLUTE DISCRETION, OFFER A REFUND OF THE PURCHASE PRICE LESS THE RESTOCKING FEE, WITHIN 30 DAYS OF SALE.

 

6. Installation of the products by us is not included unless specified in our confirmation email. If installation is included, and delays at the installation site require that we expend more time than is customarily allotted for installation of such products, you will pay us at our rates then in effect for such additional time.

 

7. Limited Warranty.
   1. All of our products come with a standard one (1) year unit limited warranty (not including consumable parts, fuses, light bulbs, filters, etc.), commencing on the date of your purchase (the “Warranty Period”). We warrant to the original purchaser that the major structural components of the goods will be free from defects in material and workmanship for one (1) year from the date of shipment. We do not extend this limited warranty to any subsequent or other owner or transferee of the products. This limited warranty applies if the products are properly installed, maintained and operated under normal conditions. We do not warrant against damages due to improper use, corrosion, abrasion, normal wear and tear, any product modification, unauthorized repair, product misapplication, consumable parts (filters, lights, fuses, etc.) or external causes such as accidents, abuse, or other actions or events beyond our reasonable control and make no warranty as to any components manufactured or supplied by others.

 

1. To obtain warranty service, you must request a RMA number by emailing sales@fumedog.com during the Warranty Period. No warranty service will be provided without an RMA number.

 

1. With respect to any defective products during the Warranty Period, we will, in our sole discretion, repair or replace such products, or the defective parts of such products. After we have been given adequate opportunity to remedy any defects in material or workmanship and confirm the products are returned undamaged and in usable condition, we retain the sole option to accept return of the products, with freight paid by you, and to ship new or repaired products to you. The replacement products will be the full extent of our liability and we shall not be liable for any other costs, expenses or damages whether direct, indirect, special, incidental, consequential or otherwise. The terms of this limited warranty may be modified only by a special warranty document signed by one of our Directors.

 

1. You must allow two (2) weeks for us to send a repair team for on-site repair if we deem an on-site repair as necessary. You must also agree to perform any trouble-shooting procedures that we request. If our on-site repair team determines that the problem is caused by your negligence, we may bill you two thousand ($2,000) dollars a day for work performed, with payment due and payable within ten (10) days after completion of the work.

 

8. Limitation of Liability. You assume all responsibility for warning and protecting yourself, your employees and independent contractors, and any other users of the products with respect to all hazards to persons and property in any way connected with the products and the use thereof. Our liability for any claim of any kind hereunder, whether or not based on contract, tort (including negligence), strict liability, warranty, or any other grounds, will not exceed the purchase price of the product/s or the portion of the purchase price attributable to any part or parts of the product/s in respect to which such claim is made. We will not be liable to you for any incidental, consequential, indirect, special or exemplary damages (including, without limitation, lost profits, sales or other similar damages) arising in connection with these Terms without regard to the nature of the claim or the underlying theory or cause of action (whether in contract, tort, strict liability, equity or any other theory of law) on which such damages are based. Without limiting the generality of the foregoing, we will have no liability with respect to the results obtained by use of the product/s, whether in terms of product condition, operating cost, general effectiveness, success or failure, or regardless of any statement made in any written proposal submitted by us. It is expressly understood that any technical advice furnished by us with respect to the product/s is given gratis and we assume no obligation or liability for the advice given or results obtained, all such advice being given and accepted at your own risk. It is your responsibility to ensure that the equipment is used in accordance with all applicable safety guidelines, regulations, and industry standards when handling explosive dusts or similar hazardous materials. By using our equipment in such environments, customers accept full responsibility for the proper installation, maintenance, and operation of the equipment to mitigate the risk of hazardous incidents. Any failure to adhere to safety precautions or guidelines in these environments shall absolve us from any liability for damages, injuries, or losses that may result from such usage. Each party hereby indemnifies and holds harmless the other party from and against any and all costs, fees (including reasonable legal fees and expenses), damages liabilities and claims arising from the injury, illness or death of the indemnifying party, their employees and independent contractors, and other users of the products in any way related to the products, whether or not such injury, illness, or death is claimed to have been caused by, resulted from, or was in any way connected with the negligence of the party to be indemnified. You hereby waive any right of subrogation that you, any of your insurers or any third party making a claim through you, may have under these Terms. You hereby indemnify and hold us harmless from and against any and all costs, fees (including reasonable legal fees and expenses), damages, liabilities and claims arising from any and all sales and use taxes due in connection with the sale, ownership, use or transfer of the products and personal property taxes relating to the products that arise or accrue from and after the date hereof.

 

9. Contingencies. We will not be liable for delay in the performance of our of its obligations hereunder due to an act of God, accident, fire, flood, storm, riot, war, act of terrorism, sabotage, explosion, strike, concerted acts of workers, national defense requirements, governmental law, ordinance, rule or regulation, whether valid or invalid, extraordinary equipment failure, inability to obtain electricity or other type of energy, raw or finished material from normal sources of supply, labor, equipment or transportation, or any similar or different contingency beyond its reasonable control which would make performance commercially impracticable whether or not the contingency is of the same class as those enumerated above, it being expressly agreed that such enumeration is non- exclusive.

 

10. Proprietary Information.
    1. You will maintain all proprietary and confidential information disclosed by us, including such information obtainable upon examination of the products, in strict confidence and will refrain from any disclosure thereof to any third party (including any affiliate), for any purpose, without our prior written consent. You will use said information solely for purposes of maintaining and operating the products, and will refrain from any use of the products to design, construct, and/or operate any duplication or modification of the products, or from any other use thereof, without our prior written consent. Any software, as defined below, information, logos, trademarks or trade dress and other written materials provided under these Terms are covered under the copyright, trademark, trade secret and related intellectual property laws of many countries. Such intellectual property rights remain our excusive property.

 

1. Unless indicated otherwise explicitly, all company, product, brand and service names, trademarks and registered trademarks are not our property but the property of their respective owners. All of these designations and part numbers referred to herein are for identification and compatibility purposes only. Use of these names, trademarks and brands does not imply any endorsement or license by or affiliation with their respective owners.

 

11. Software. To the extent necessary to use the products, we hereby grants you a non-transferable, non-exclusive license to use in accordance with these Terms any software furnished by us with the products. The term "software" will mean all the program codes, any subsequent corrections, new release modifications and updates and associated documentation and manuals. You acknowledge that any software so furnished by us is our property and you will not remove any identification, trademarks or notices of any proprietary restrictions from such software. The techniques, algorithms, and processes contained in the software constitute our valuable trade secrets and/or proprietary information and will be used by you only for your own internal needs. Such software will not be sold, sublicensed, marketed, leased or in any way conveyed to a third party without our prior written authorization. You will not use such software to do consulting for other parties. You will be given one copy of such software and will not have the right to copy or modify such software in any way.

 

12. Export. If you export any products outside of the country in which the products are delivered, you assume responsibility for complying with applicable laws and regulations and for obtaining required authorizations. You will not export or re-export any technical data in violation of United States export laws or regulations.

 

13. Miscellaneous. These Terms supersede any prior agreement or agreements between you and us relating to the sale of the products. Our order confirmation, these Terms, the Shipping Policy, and the Privacy Policy will be deemed the final and integrated agreement between you and us on matters contained in these Terms. Except as otherwise provided herein, there are no other promises, representations, or warranties with respect to the products and any other or different terms or conditions in any purchase orders, or other documents issued or accepted hereunder will be deemed null and void. No modification or waiver of these Terms will bind either party unless expressly set forth in writing and manually signed and accepted by an authorized representative of the party sought to be bound by such writing. A waiver of any of these Terms hereof will not be deemed a continuing waiver, but will apply solely to the instance to which the waiver is directed. Any headings contained in these Terms are used only as a matter of convenience and reference, and are in no way intended to define, limit, expand or describe the scope of these Terms. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of these Terms is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. These Terms will be governed by the laws of the State of Georgia, without reference to its conflicts of law’s provisions.