Terms and conditions
Your use of this website is governed by these terms and conditions. Please take a few minutes to review these terms and conditions. Your use of the Q-railing website means you agree to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, do not use the Q-railing website.
Q-railing USA Co. reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the Q-railing website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this website.
1.1 Dates or periods for delivery stated in the order are only approximate and not essential terms. Q-railing USA Co. will use reasonable efforts to fulfill the order in accordance with the estimated shipping date, but will not be responsible for any delays in fulfilling the order, nor be liable for any losses, costs, damages, expenses or liabilities resulting from such delays, and the order will not be subject to cancellation for such delays. Q-railing USA Co. may, at the request of the buyer, agree to the cancelation of the delivery of goods upon any such delay, provided that all costs and expenses incurred by the Seller up to the time of cancelation are first reimbursed by buyer. Q-railing USA Co. shall have no liability to buyer in the event of any such cancelation.
All standard freight decisions are to be made at Q-railing USA Co. discretion.
Small package deliveries will be made with UPS or US Mail. Express shipping is only available at the customers’ cost, including any remakes or additional products. Carrier tracking information is considered proof of delivery for all shipments.
All orders with a handrail or rods over 8ft will be delivered via Less Than Truckload (LTL) Shipment. Large LTL shipments will be made with a number of LTL carriers.
On standard LTL deliveries, damaged packages and/or missing parcels must be reported on the BOL before signing. The customer will be responsible for paying for replacement items if they fail to report damages and/or missing parcels on the BOL.
Please note: if the shipping address is changed after the product ships out from our facility, additional re-consignment fees from the shipping company will be applied to the customer.
1.2 Notwithstanding the above, either party may cancel the order or any deliveries thereunder upon written notice to the other party if delivery of any goods is be delayed more than ninety (90) days by reason of such Force Majeure Event.
1.3 Q-railing USA Co. reserves the right to supply the goods from any of its facilities or any subcontractor or supplier of its choice. Delivery of the goods shall take place at the delivery points specified in the order. If the order provides for the buyer to collect the goods, delivery shall take place at the facility from which the goods are to be collected and the buyer shall collect them without delay. If the goods are not collected by buyer within three (3) days of being so notified, Q-railing USA Co. may deliver the goods itself by such means of transport as Seller may choose at buyer’s expense and risk, or store them at the expense and risk of buyer.
2. Damages & Shortages
Product defects and shortages must be reported within 3 business days of receipt of a product via email to firstname.lastname@example.org.
Damage claims filed after the product has been installed will not be honored, regardless of when the claim is filed.
For LTL shipments received that appear damaged please accept delivery. Note that in most cases the packaging may be damaged but the product is not. Q-railing USA Co. will replace any confirmed damaged items.
In the event of a damage claim, Q-railing USA Co. will require a photo or video of the issue and may require the part to be returned. All solutions and/or replacements are at the discretion of Q-railing USA Co.
Any product remakes and/or refunds are up to the discretion of Q-railing USA Co.
3. Force Majeure Event
Q-railing USA Co. will not be liable for delays or failure in the performance of any of its obligations caused by accidents, labor disputes, shortages of labor, materials, fuel or power, fires, floods or other acts of God, acts or omissions of buyer, restrictions imposed by federal, provincial or state legislation or regulations thereunder, price increases in raw materials that affect Sellers ability to perform, or any cause, whether similar or dissimilar to those enumerated herein, which is beyond the reasonable control of Q-railing USA Co. (a “Force Majeure Event”). In such event, Q-railing USA Co. may, at its option, be excused from performance or allocate deliveries as Seller, in its sole discretion, deems appropriate.
Disclaimer of Warranty. Q-railing USA Co. warrants to buyer that the goods produced and sold under this order will, at the time of shipment, conform to the specifications provided in the order documentation as accepted by Seller, or where none are specified, to the specifications published by Seller, and be free from defects in material and workmanship. In the event that goods purchased hereunder do not conform to the foregoing warranties, buyer’s sole remedy and Q-railing USA Co.’s sole obligation shall be, at Q-railing USA Co.’s sole discretion, the repair or replacement of the non-conforming goods or the return of the purchase price for such non-conforming goods to buyer. The foregoing warranty applies only to the extent warranty claims arise from the goods supplied by Q-railing USA Co., and not to the extent arising from conformance with specifications provided by buyer, or modifications, alterations or additions later made to such goods by buyer or its customers. Q-railing USA Co.’s warranty obligations shall remain in effect for a period of one (1) year from the shipment of the goods to buyer. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, Q-RAILING USA Co. HEREBY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, REGARDING THE GOODS, WHETHER ARISING UNDER ANY STATUTE, OTHER LAW, OR OTHERWISE INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
5. Code Compliance
Building code compliance requirements vary greatly from location to location. Therefore, Q-railing USA Co. is not liable for orders which do not comply with applicable building codes specific to customers’ install location. It is the customers’ responsibility to ensure compliance with any applicable building codes. Local building code requirements will always supersede any and all suggested procedures and measurements offered by Q-railing USA Co.
6. Incorrect Usage or Installation
Q-railing USA Co. assumes no responsibility or liability for any loss or damage as a result of misuse of any Q-railing USA Co. product(s) or instruction(s). Q-railing USA Co. assumes no responsibility or liability for any loss or damage as a result of use, or misuse, of information on this website. Engineering drawings, diagrams, and product quotes are not meant to replace a licensed construction professional. The customer or contractor assumes all responsibility regarding worksite safety.
Q-railing USA Co. is not responsible for additional parts and/or replacement parts required which are not noted in the final proposal.
7. Limitation of Liability
Notwithstanding any other provision hereof or applicable law (i) in no event will Q-railing USA Co. be liable to buyer or any third party for any incidental, consequential, indirect, special, contingent, or punitive damages in connection with these Terms and Conditions or any order, whether based on theories of breach of warranty, breach of contract, tort, strict liability or otherwise, including but not limited to loss of profits or business interruption, which for this purpose shall be considered to be indirect damages, loss of use of the goods, or loss of goodwill even if Q-railing USA Co. has been advised of the possibility of such damages; and (ii) notwithstanding whether any remedies specified herein are deemed to fail of their essential purpose, Seller’s liability to buyer will not exceed the purchase price paid by buyer for the goods on which such liability is based.
8.1 Suspension of Order. Q-railing USA Co. shall be entitled without prejudice to its other rights and remedies to terminate in whole or in part any and every order between itself and buyer or to suspend any further delivery under any or every order in any of the following events: (a) if any debt is due and payable by buyer to Q-railing USA Co. but is unpaid; (b) if buyer has failed to provide any letter of credit, bill of exchange, or any other security required by the order, provided that in such event the aforesaid rights of termination or suspension shall apply only in regard to the particular order under which buyer has so failed; (c) if buyer has failed to take delivery of the goods under any order between it and Q-railing USA Co. in a way that is not in accordance with these Terms and Conditions or the order; (d) if buyer becomes insolvent or enters into any composition or arrangement (including a voluntary arrangement with its creditors) or, if a corporation, enters into a voluntary winding up (except where solely for the purpose of reconstruction) or if a receiver (including an administrative receiver) or administrator has been appointed or if any such order of appointment has been made, or if being an individual or partnership, buyer suspends payment of its debt in whole or in part or if an application has been made for an interim order or a petition has been presented for a bankruptcy order or stay or if any such order has been made or if buyer (whether or not a corporation) shall carry out or be subject to any other similar act or proceeding under foreign law, Seller shall be entitled to exercise its aforementioned rights of termination or suspension at any time during the event (or default giving rise thereto) has not ceased or been remedied. In the event of any such event, Q-railing USA Co. shall be entitled as a condition of resuming delivery under any order between it buyer to require pre-payment of (or such security as it may require for the payment of the price of any further or future delivery.
8.2 Buyer shall not be entitled to withhold payment of any amount payable under an order because of any disputed claim of buyer with respect to defective goods or any other alleged breach of the order or these Terms and Conditions, and buyer shall not be entitled to a set-off against any amount payable under an order any monies which are then not presently payable by Seller or for which Seller disputes liability.
Unless otherwise agreed upon in writing by the parties, the price payable by Buyer for each delivery of goods shall be Seller’s price as published on the website at the date of shipment, to which shall be added any Sales Tax and any other tax or duty relating to the sale or delivery of goods chargeable to Q-railing USA Co. and (where appropriate) the applicable freight and other charges. Payment terms are as set forth on the quote.
10. No waiver
No provision hereof and no breach of any provision hereof will be deemed waived by reason of any previous waiver of such provision or of any breach thereof or failure of Q-railing USA Co. to enforce any such terms or exercise any right hereunder. Any variation or modification in these Terms and Conditions must be agreed in writing between the parties.
Buyer agrees to indemnify, defend and hold Q-railing USA Co. harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) regardless of the theory of liability, incurred by or threatened to Q-railing USA Co.
in connection with (i) any modifications to the goods by Buyer, (ii) the incorporation of goods into any product, (iii) the extension of any warranties beyond those provided herein, (iv) third party claims for intellectual property infringement, (v) any other acts or omissions of Buyer related to the sale or distribution of the goods or (vi) the design of goods supplied hereunder or the design of the packages or containers in which they are shipped if such goods, packages or containers are made in compliance with Buyer’s design or specification.
In the event that, for any reason, any provision or provisions in these Terms and Conditions or any part thereof is or is held to be void, unenforceable, or otherwise invalid, all other conditions herein, including the remainder of any condition where the effect of some part thereof is avoided shall remain fully effective.
13 Governing Law and Jurisdiction
These Terms and Conditions and all orders hereunder shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws provisions. Buyer hereby submits to the jurisdiction of the state and federal courts in Orange County, California, unless Q-railing USA Co., in its sole discretion, brings an action against buyer in another court of competent jurisdiction. The parties expressly exclude and waive the application of the United Nations Convention on Contracts for the International Sale of Goods (1980) (Vienna Sales Convention) as the same may be amended or replaced from time to time.
The terms contained in Sections 1-13 shall survive any termination or expiration of the order.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Q-railing USA Co. The collective work includes works that are licensed to Q-railing USA Co. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Q-railing USA Co. or purchasing Q-railing USA Co. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Q-railing USA Co. or to purchase Q-railing USA Co. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Q-railing USA Co. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Q-railing USA Co. used in the site are trademarks or registered trademarks of Q-railing USA Co.