Terms & Conditions

Privacy Statment

T3 Athletix a division of T3 Products is committed to protecting your privacy. Any information we collect will only be used to process orders, provide support or service, and assist in the resolution or diagnosis of system questions or problems.

We will never disclose to an unaffiliated third party the following information: (i) the files or materials residing on T3 Products storage devices or its network of shared server computers which are not otherwise viewable from the Web; or (ii) your name, address, phone number, credit card, debit card, banking information, electronic funds transfer information, e-mail or alias e-mail address, or other specific personal identifying information, unless you provide express written permission in advance.

Be aware that T3 Products may disclose any or all of the foregoing if requested by any governmental or law enforcement agency, or directed to do so by a search warrant or court order. T3 Products maintains a policy of cooperating with governmental and law enforcement agencies. In the event that any governmental or law enforcement agencies make an allegation that you are engaged in unlawful activities through use of the HOSTING SERVICE or the SOFTWARE PRODUCT, T3 Products reserves the right, in its sole discretion, to take any action it deems necessary or appropriate under the circumstances. You hereby consent to the release of any of the above information without notice should T3 Products deem it necessary and appropriate under the circumstances.

Policies

Terms of Use, Terms of Sale, Shipping Information and Warranties for all Purchases

T3 Products wants you to enjoy your shopping experience and we stand behind the quality of our products and services. Please contact us if you need assistance or are dissatisfied with any of our limited warranty products.

• Country Of Importation
• Credit Balances
• Damage, Loss or Shortage Claims
• Handling Charges and Hazardous/DOT Charges.
• Internet and Catalog Changes
• Legal Information
• Order Acceptance
• Order Cancellations and Add-Ons
• OSHA Hazardous Substance Product Information
• Payment Options
• Payment Terms
• Prices
• Return and Refund Policy
• Shipping Policy
• Tax Information
• Terms and Conditions of Use
• Transfer of Ownership
• Warranty

Terms and Conditions of Use

Your access and use of the T3 Athletix a division of T3 Products World Wide Web site (the Site) is subject to the following terms and conditions and all applicable laws. By accessing and browsing this Site, you accept and agree, without limitation or qualification, the Terms and Conditions of Use and acknowledge that to the extent any other agreement between you and T3 Products conflicts with the terms of this Agreement, such agreement is superseded and of no force or effect.

Intellectual Property

All material included on this site, such as text, graphics, logos, button icons, images, audio clips, and software (Material), is the property of T3 Products or its content suppliers and protected by U.S. and international copyright and trademark laws. All material on this Site is the exclusive property of T3 Products, and protected by U.S. and international copyright laws. All software and/or automated databases used on this Site are the property of T3 Products or its software suppliers and protected by U.S. and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.

Limited Liability

T3 Products is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or incomplete, garbled or delayed computer transmissions. Under no circumstances will T3 Products or its suppliers be liable for any damage or injury that results from the use or reliance of the materials or information contained on this Site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, in which case the above limitation may not apply to you.

While the material contained in the www.t3-products.com World Wide Web site has been checked for accuracy, and with the understanding that such materials do not infringe on any copyrights or other legal rights, all material is provided without any express or implied warranties of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.

Neither T3 Products nor its affiliates assume responsibility for any errors or omissions in the material. In no event shall T3 Products or its affiliates be liable for any special, indirect or consequential damages resulting from any use or performance of or content errors or omissions in the material, even if notified in advance of the potential for such damages. All users of the material agree that access to and use of the material is subject to the terms and conditions stated in this legal notice, as well as all applicable laws, and such access and use is at the user's own risk. T3 Products may provide links to other sites that are not maintained by T3 Products. T3 Products does not endorse those sites and is not responsible for the content of such other sites.

Applicable Law

These terms and conditions are governed and interpreted pursuant to the laws of the State of T3 Products STATE, United States of America, notwithstanding any principals of conflicts of law. If any part of these terms and conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. T3 Products can revise these terms and conditions at any time without prior notice by updating this posting.

Prices:

T3 updates web pricing frequently, however errors and omissions can occur infrequently. You will be invoiced at the prices prevailing when the order is received. T3 will notify you of any significant price changes to your order and customer has the right to cancel at that time.

Volume Discounts and Quotations:

Hundred's of T3 Products' items are already discounted from Manufacturer's List Prices or offer a pre-existing discount for volume purchases. Pricing on large quantities or items not found on our web-site is available upon request. Please "Request a Quote" located by each product

Payment Options:

T3 offers the following payment methods:

For United States customers: We offer check, money order, MasterCard, VISA,  C.O.D. as well as open account credit to qualified institutions and businesses. A credit application is available in the Contact Us section of our web-site.

For Canadian customers: We offer all of the above options except C.O.D. All payments must be in US $.

For Other International customers: We offer MasterCard, VISA  prepaid by wire transfer or cashier's check in US funds. No personal or certified personal checks accepted. Money orders can result in significant delays. Use of letters of credit must be pre-approved by T3's accounting department.

Payment Terms:

For purchasers with established credit, terms are 1% Ten Days, NET 30 days from date of invoice. All payment must be in USD$.

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Shipping and Delivery:

Standard Shipping:
Most orders received before 11:00am CST ship will ship same day via UPS or Con-Way Freight ground service. T3 uses a variety of commercial freight carriers for larger shipments. T3 can accommodate most shipping requests by contacting us at 262-352-2042. T3 reserves the right to designate a carrier unless specifically instructed otherwise.

Shipping/Freight Policy:
Shipping by freight is by collect payment only.  Customer must have an account with the the intended carrier.  Please contact a T3 representative to set up you account.

Hazardous Items and Chemicals:
Products considered hazardous for shipping will require special packaging, handling, and additional shipping charges to comply with applicable State and Federal DOT charges. By customer request, T3 will notify you of the additional charges. Simply provide us your contact information on the "shipping information" page during the check out procedure. T3 will not ship chemicals or any hazardous products to home addresses. Canadian and Int'l Customers: T3 will not ship any hazardous items to a destination outside of the USA and its Territories.

Damage, Loss or Shortage Claims:

Please inspect your T3 Products shipments for external damage, and accept it only after the driver has noted the damage on all the shipping documents. Claims for damaged merchandise should be made to shipper. Please retain all containers/packaging for shipment back to T3. If, upon opening a shipment, you find a shortage or damage, you must request inspection by the carrier within 15 days of delivery or you will lose your right to make a claim. You can call us within 24 hours of the shipment arrival and we will assist you. Canadian and Int'l Customers: See Shipping/Freight Policy above. T3 will try to assist you; but is limited in the role we can play.

Returns and Refunds:

NO refunds or returns on any products.  All sales are final unless approved by a T3 Products representative.

Handling Charges and Hazardous/DOT Charges.:

A $5.00 handling charge applies to all orders less than $25.00. The fee will be waived on orders of $25.00 or more. See Shipping Section Hazardous Items and Chemicals section for Hazard and DOT charges explanation.

Transfer of Ownership:

Title to merchandise passes to the purchaser upon delivery to freight carrier. Claims for damaged merchandise should be made to shipper.

Internet and Catalog Changes:

Every effort was made to ensure the accuracy of information in our catalog and on our web-site. However errors and omissions do occur and T3 will not be held liable for them. All specifications are subject to change by our vendors. Please call us for up-to-date information/specifications or consult your T3 Products representative.

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Order Acceptance:

T3 Products reserves the right to accept or reject any order. Possession of a catalog by a customer doesn't constitute an offer to sell. Purchaser further consents that submission of its order shall subject Purchaser to the jurisdiction of the courts of the United States and the State of Wisconsin.

Order Cancellations and Add-Ons:

You may not cancel any order or amend any order without T3's consent.

Sales Taxes:

T3 Products is required to charge state and local tax on items sold to purchasers in Wisconsin, Iowa, Minnesota, N & S Dakota. A sales tax exemption certificate must be on file at T3 for exempted items. Please note sales tax exempted items on your order.

Commodity Taxes: Canadian and Int'l Purchasers

Prices for items purchased from T3 Products do not include applicable excise taxes, customs' duties, sales and use taxes, value-added (including the Goods and Services Tax and the Harmonized Sales Tax or any success or tax), manufacturer's tax, occupation tax, use tax, import tax, provincial tax, parish tax, duty, fee or charge of any nature whatsoever imposed by a governmental authority on the transaction between T3 Products and the Purchaser, shall be paid by the Purchaser in addition to the prices quoted or invoiced. When required by law, T3 Products will collect such taxes from the Purchaser and remit same to the appropriate government authority. Where applicable Purchaser must inform T3 of the tax-exempt status of any particular item or order, and provide T3 Products with the necessary detail or proof of tax-exempt status at the time the order is made by Purchaser. All orders are presumed to be taxable.

Country Of Importation:

Purchaser represents that it is purchasing products from the USA and importing them into a foreign country. Purchaser agrees that the products will be shipped to the specified destination in compliance with the laws of such destination and the United States, and there will be no re-export or diversion from such specified destination. If requested by T3 Products, Purchaser shall provide documentation satisfactory to T3 Products verifying delivery at the designated destination.

Credit Balances:

Customer agrees that any credit balances will be applied within one (1) year of its issuance. IF NOT APPLIED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WIL BE SUBJECT TO CANCELLATION, AND T3 PRODUCTS SHALL HAVE NO FURTHER LIABILITY.

OSHA HAZARDOUS SUBSTANCE PRODUCT INFORMATION:

For your convenience, Material Safety Data Sheets (MSDS) are enclosed with all orders that require an MSDS under the Hazard Communications Standard (1910.1200). T3 also provides a library of MSDS sheets for your convenience.

The information and recommendations contained on the MSDS supplied by the manufacturer are considered to be accurate and reliable. T3 Products, Inc, makes no warranty with respect to accuracy or reliability of the information or the suitability of the recommendations. T3 Products disclaims any and all liability to any user thereof.

Limited Warranty: Canadian and Int'l Customers

T3 warrants products supplied hereunder to be free of defects in materials and workmanship for a period of 90 days from date of shipment. If you are dissatisfied with any of our products or services please let us know. T3's warranty obligations shall be limited to repair or replacement of defective merchandise at T3 Products' option, and this remedy is Purchaser's exclusive remedy. T3 Products liability shall in no event exceed the contract price. All items must be delivered to T3, duty paid.

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WARRANTY DISCLAIMER:

EXCEPT AS DESCRIBED IN OUR GUARANTEE, THERE ARE NO EXPRESS WARRANTIES OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

T3 PRODUCTS SHALL NOT BE SUBJECT TO AND DISCLAIMS:

1. ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT Of A BREACH OF CONTRACT OR A WARRANTY.
2. ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY T3 PRODUCTS, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND
3. ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.

T3 PRODUCTS' LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID.

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T3 Products makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.

 

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MANUFACTURER'S WARRANTIES AND SALES LITERATURE

Most of the products supplied to T3 Products are warranted to the final consumer by their manufacturer; copies of such warranties are supplied with the product or are available from the manufacturer. As a service, T3 Products will obtain copies of consumer warranties from the manufacturer (warrantor) and will furnish them free of charge to customers who request them. Requests must include the T3 Products' order number and the manufacturer's model number for each product you desire a warranty for.

GOVERNING LAW: LIMITATIONS

These terms and conditions shall be construed, interpreted and performed exclusively according to the laws, excluding conflict of rule laws, of the State of Wisconsin, USA. Any legal action with respect to any transaction must be commenced within one year after the cause of the action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of Wisconsin, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.

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SECURITY INTEREST:

On any sales on open account, the Purchaser hereby grants T3 Prouducts, LLC, a priority lien, purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to T3 Products. Purchaser agrees to file any financing statements or other documentation with its governing authorities to assure the validity, priority and enforceability of the lien.

FORCE MAJEURE:

T3 Products shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, government decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain licenses, supplies or raw materials or any other circumstances or causes beyond the control of T3 Products in the conduct of our business.

MODIFICATION OF TERMS:

T3 Products acceptance of any order is subject to purchaser's assent to all of the terms and conditions of access and sale as set forth herein. Purchaser's assent to these terms and conditions shall be presumed by Purchaser's acceptance of all or any part of the goods or services ordered. All other contrary terms and conditions are expressly rejected, and no addition or modification of terms and conditions shall be binding upon T3 Products unless agree to by T3 Products in writing by an officer of the Company.

COMPLETE AGREEMENT:

The terms and conditions in T3 Products web site Terms of Use, Terms of Sale, Quotations, Invoices, Return Policies, Catalog Sales Terms and Conditions, are incorporated herein by reference and constitute the entire and exclusive agreement between Purchaser and T3 Products.

 

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Canadian and Int'l Customers- Same Terms of Use, Terms of Sale, Shipping Information and Warranty Information with any changes, additional requirements and exceptions to these policies noted here as well.

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