Terms and Conditions of Sale
By purchasing products and/or services from the Site, you agree to be bound by and accept this Agreement. Orders are not binding upon SierraBASE until accepted by SierraBASE. SierraBASE will indicate its acceptance of an order by acknowledging your order by reply email or by shipping to you the ordered items.
The final price on the order form is the price you will pay for the product purchased.
Payment Terms; Orders
The only purchase and payment method available at this time are internet orders via Pay Pal or the site credit card payment gateway. Cash is not a payment option that we accept at this time. No product shall be shipped until payment is confirmed through Pay Pal or the site payment gateway or such other payment method as may be authorized in the future by SierraBASE.
An order placed with and accepted by SierraBASE cannot be cancelled without SierraBASE’s prior written consent and only then upon such terms that will indemnify it against loss.
Separate charges for shipping and handling will be shown on your order form. We reserve the right to make partial shipments, which will not relieve you of your obligation to pay for the remaining deliveries.
SierraBASE will not be liable for any delay in the shipment of delivery of goods, or for any damages suffered by the buyer by reason of such delay, when such delay is, directly caused by, or in any manner arises from fires, floods, accidents, civil unrest, acts of God, war, governmental interference or embargoes, strikes, labor difficulties, shortages of labor, fuel power, materials or supplies, transportation delays or any other causes beyond its control.
Title; Risk of Loss
Title to products passes from SierraBASE to you on shipment from our or our designee's facility. Loss or damage that occurs during shipping by a carrier is our responsibility. Title to any intellectual property will remain with SierraBASE.
All new products are sold with a limited one year warranty. SierraBASE warrants that the product will be free from material defects in workmanship for a period of one year. This warranty is non-transferrable. If you believe you have a warranty issue, please immediately contact SierraBASE and provide a written statement describing the problems with the product and time and date of purchase. Provided the product and alleged defect are within warranty terms, SierraBASE will contact you with instructions for returning the product for warranty service and/or replacement. SierraBASE will repair or replace the product within 30 days of receiving it. SierraBASE reserves the right to determine, in its sole discretion, whether the product shall be repaired or replaced.
EXCEPT AS PROVIDED ABOVE, SIERRABASE PROVIDES NO WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIERRABASE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
If you are not completely satisfied with your product for any reason, return it for a full refund per these terms and conditions.
We have the following policies for ALL returns:
You arrange for shipping the product, at your cost, back to SierraBASE, at the address below
Returns must be shipped or postmarked within 14 days of the date you receive the product
All returns must be accompanied by a copy of the purchase order/receipt and a statement specifying the reasons for the return
Product must be received in its original, new and unused condition
All returns shall be shipped to:
c/o TS Industries
4090 W. 5800 N.
Mountain Green, UT 84050
Provided the return complies with this policy, a full refund of the purchase price shall be sent within 30 days of product return.
Limitation of Liability
SIERRABASE DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE. SIERRABASE WILL NOT BE LIABLE FOR DAMAGE TO PERSONAL PROPERTY PLACED IN THE SAFE, LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, SIERRABASE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT GIVING RISE TO SUCH LIABILITY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Applicable Law; No Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying for your own personal use only, and not for resale or export. The products sold by SierraBASE are not intended for resale.
These terms and conditions shall for all purposes be governed by and interpreted in accordance with the laws of the State of Oregon as those laws are applied to contracts entered into and to be performed entirely in Oregon, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to this Agreement shall be commenced exclusively in state or federal court in Marion County, Oregon, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
All Purchasers shall be responsible for payment of their state or local sales/use tax, if any, and any other taxes payable resulting from this transaction.
The invalidity of any provision of the Proposal shall not affect any other provision, and all Terms and Conditions shall be construed in all respects as if any such invalid provision(s) were omitted.
The prevailing party in any dispute arising from this agreement, directly or indirectly, shall be entitled to their reasonable attorney fees in arbitration, trial or on appeal.