TERMS and CONDITIONS OF SALE OR SERVICE
The following terms and conditions, as well as any future modifications are a contract between you or your company (“you” or “your”) and Lower 48 Instruments, LLC, an Ohio Limited Liability Company (Lower 48 Instruments”,we,” “us,” or “our”) governing your use, and Lower 48 Instruments provision, of the Products and Services (as defined below). By using Lower 48 Instruments products, services, software applications, communication services, networks, email, and websites, including, but not limited to www.lower-48.com, (collectively, the “Products” and ”Services”), you acknowledge that you have read, understood, accept and agree to be bound by the most recent version of these Terms.
You may review the most current version of the Terms at any time on the Lower 48 Instruments website. Lower 48 Instruments reserves the right to update and change the Terms from time to time without notice, effective immediately, by posting the updated Terms on the Term Page. Your continued use of the Services after any such changes shall constitute consent to such changes. You agree to review the Terms periodically to be aware of any such revisions. Any new products or features that augment or enhance the current Product or Services, including the release of new tools and resources, shall be subject to the Terms.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE, OR CEASE YOUR USE OF, THE PRODUCTS OR SERVICES.
This document supersedes all previous publications. Our terms and conditions apply to all orders. We do not accept any deviations from our terms. If your Purchase Order or other correspondence lists terms that are different from ours, we may process your order, but we do not accept the terms or your terms. We reserve the right to change our terms and conditions of sale at any time and without prior notice. Our terms and conditions in effect on the day an order is accepted shall apply without deviation. If you have any questions about whether the terms and conditions in this reference document are still in effect, please inquire at the time you place your order. All orders are subject to acceptance by us at our company offices.
For all prices, products and services, we reserve the right to make corrections due to errors, market conditions, product discontinuation, service availability, typographical errors, technical product changes and availability. Lower 48 Instruments is not responsible for manufacturer or distributor price changes, technical details or product modification, which may occur at any time without notice. Due to the dynamic conditions of the technology industries we operate in, descriptions on our website may not reflect current technical information. Photos contained on our website may not represent actual product.
All products and services that we sell through our business activities are warranted solely by the manufacturer of the product or provider of the service. Most products we sell provide a one year manufacturer’s warranty but other terms and conditions of manufacturer’s warranty may apply. Most services we sell provide a 30 day warranty but other terms and conditions of service provider’s warranty may apply. We encourage you to read and understand manufacturer’s warranty statements before purchasing. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM SAME. In no event will we be liable, whether in contract, tort or under any other legal theory, for lost profits or revenues, loss of use or similar economic loss, for any indirect, special, incidental, consequential, punitive or similar damages arising out of or in connection with any products or services(including non-conforming products or services), or for any third-party claims against you relating to the products or services, even if we have been advised of the possibility of such claim. In no event will our monetary liability (whether in contract, tort or under any other legal theory) in respect of any product or service exceed the purchase price that you paid to us for it.
The warranty will be void if product date codes or serial numbers are removed or defaced. Of course, warranties also do not apply to products that have been subject to abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized repair, misuse, neglect, accident, alteration, improper installation or other acts which are not our fault, including damage caused in shipping. Our warranty also does not apply to any product that has been damaged by external causes such as fire, flood, sand, dirt, lightning, transient voltage events, exposure to weather, acts of God, battery leakage. theft, blown fuses, improper use of any electrical source or connection to product not recommended in writing for interconnection by the manufacturer or us.
Other Product and Services Warranty Disclaimers
You expressly understand and agree that:
Except as expressly warranted in the terms, all Products and Services are provided “as is” and Lower 48 Instruments hereby disclaims all warranties and conditions with regard to the Products or Services, whether express, implied or statutory, including all warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Other than as expressly set in these Terms, Lower 48 Instruments makes no warranty that (i) the Products or Services will meet your requirements or expectations, (ii) that your access to or use of the Products or Services will be uninterrupted, timely, secure or error free, (iii) that any defects in the Products or Services will be corrected, or (iv) that the Products or Services or any server through which you access the Products or Services are free of viruses, malware or other harmful components.
Any material downloaded or otherwise obtained through the use of the Products or Services are accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system, device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Lower 48 Instruments or through or from the Products or Services shall create any warranty not expressly stated in these terms.
Limitation of Liability
You expressly understand and agree that Lower 48 Instruments and its subsidiaries, affiliates, officers, employees, agents, subcontractors, partners and licensors shall not be liable to you for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Lower 48 Instruments has been advised of the possibility of such damages) in any way relating to or arising from this agreement. In no event shall Lower 48 Instruments or its respective suppliers aggregate liability for direct damages under this agreement exceed the fees paid for the product or services relating to the claim. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Please note that changing, upgrading or downgrading your account may result in the loss of content, features, or capacity of your account. Lower 48 Instruments does not accept any liability for any such losses.
You agree to defend, indemnify and hold harmless Lower 48 Instruments, its officers, directors, employees, subcontractors, and agents, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your connection to or use of the Products or Services, including but not limited to any breach by you of these Terms and any claims arising from the content you submit, post, transmit or make available through the Products or Services.
Use of Product and Services
You should always minimize the risk of potential safety problems by following all applicable local and national codes that regulate the installation and operation of your equipment. These codes vary from area to area and usually change with time. It is your responsibility to determine which codes should be followed, and to verify that the equipment, installation and operation is in compliance with the latest revision of these codes. At a minimum, you should follow all applicable sections of the National Fire Code, National Electrical Code, and the codes of the National Electrical Manufacturers Association (NEMA). There may be local regulatory or government offices that can also help you determine which codes and standards are necessary for safe installation and operation. Equipment damage or serious injury to personnel can result from the failure to follow all applicable codes and standards. We do not assume any responsibility for your product design, installation or operation.
Our products are not fault-tolerant and are not designed, manufactured or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the product could lead directly to death, personal injury or severe physical or environmental damage. This website and many of our publications contains many specifications, wiring diagrams and other types of information related to the various product offerings. However, under no circumstances should you use this document for installation, operation or troubleshooting of any equipment. Always consult the appropriate product documentation prior to using the equipment. If you have any questions concerning the installation or operation of any equipment, or if you need additional information, please contact the manufacturer or us for assistance.
You may not use the Services to solicit, interfere with, or endeavor to entice away from Lower 48 Instruments any Lower 48 Instruments customer, user, or subscriber. You agree to pay Lower 48 Instruments a fee of $10,000 per user enticed away with no limit to the maximum liability you owe to Lower 48 Instruments under this paragraph.
The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Services or by written permission of Lower 48 Instruments or by acting as an agent contracted by a third party to act on its behalf.
We maintain a security interest in our products, services, fees and shipping costs. That is, we reserve the right to repossess any equipment for which we have not been paid, modify any service for which we have not been paid in full, modify and product or services for which fees have not been paid, and stop or change delivery for any shipping for which we have not been paid. This includes products that have already been shipped to an end customer, either individually, or as part of a machine or process.
Lower 48 Instruments is located in the state of Ohio and is obligated to charge sales tax respectively for delivery within our taxable jurisdictions and customer pick-up orders which are deemed taxable. Sales tax rate varies by county. Ohio tax-exempt customers and customers in our other jurisdictions must submit their tax exemption certificate to avoid tax. We currently do not add or collect sales tax for states other than Ohio but is subject to change as required by facility or jurisdiction. It is the customer’s responsibility to pay appropriate tax to your state when necessary.
While we constantly strive to have products in inventory or available for shipment, you may order an item that is temporarily out of stock or requires time for production, configuration, programming, and so forth. For online customers, we will notify via your submitted contact information as soon as possible if the availability of the product or services has changed. If an item is not in stock, it will be placed on backorder and shipped when the item is available via the same method as the original order. Any items that ship directly from the manufacturer will ship complete upon availability of all related items on the order.
We make every attempt to calculate and present an expected shipment date for backordered items. If necessary, please contact us for additional details. Please note that the dates are not guaranteed dates and Lower 48 Instruments cannot be held liable if the date is not met. The information is provided for your planning purposes only. This data could change at any time due to details with the manufacturer or specifics of your order. You may cancel a back order at any time prior to shipping (with the exception of some special orders) by contacting us.
We do not require confirming Purchase Orders for orders, but if your company policy requires it, please make sure it is clearly labeled as a confirming purchase order. Please remember, only our terms and conditions will apply and will override any terms or conditions that your order may attempt to hold as superior. We also reserve the right to not accept Purchase Orders in whole or terms and conditions of Purchase Orders that are not in agreement with our Terms and Conditions.
Processing of Orders
If you place an order online, and there are no credit, shipping or other issues, the order will be processed as soon as it is received into the order system. For faxed or mailed orders, our policy is to enter all orders the same business day they are received. Orders faxed and e-mailed after business hours, on weekends and on national and company holidays will be entered the next business day. Please note that new customer orders and international orders may require additional verification that could result in a delay in processing.
Because we ship FOB origination within the U.S.A. the risk of loss transfers to you when we deliver the goods to the carrier. Insurance is available at your expense to insure against loss or unusual damage (currently limited for online orders). It is not automatically included in the shipping charges. Your Representative can calculate the cost of insurance and provide this estimate at the time you place your order. If you choose to purchase insurance, the charges will be added to your order or invoice.
Lower 48 Instruments ships/exports its products in accordance with U.S. law. Diversion by our customers or any third part contrary to U.S. law is prohibited.
All shipments are subject to stock availability.
Delivery times are based on carrier policies. We cannot guarantee delivery times. Lower 48 Instruments is not responsible for carrier delays due to weather, mechanical failures or other issues.
Due to shipper restrictions, we cannot ship to P.O. boxes.
If you need a delivery to a P.O. Box, please contact as we may be able to deliver via USPS Priority Mail or Parcel.
All air services vary by zip code. Check delivery services for your area before ordering.
For International shipments and shipments to Canada, timely delivery cannot be guaranteed as the shipments can be delayed in customs.
International Shipments – Incoterms 2010
All International shipments ship Incoterms 2010 Ex Works (EXW).
We offer a generous 30 Day Return Policy for most items and will attempt to accept returns on most items, for any reason, subject to the following:
An RMA is required for all returns and items must be received by us within 30 days of the date of purchase. Please use contact an representative for an RMA number before returning any product to us. The RMA representative may request return approval for your product by our Technical Services department or manufacturer before an RMA can be issued.
Reason for Return: In our Return Material Authorization (RMA), we will ask for a brief explanation why the item is being returned to us. This provides continuous product feedback and helps us understand product issues and your needs.
Condition: The item being returned must be in new condition with factory seals intact (i.e. no scratches, seals broken or other signs of use). All original packing materials (boxes, bags, etc.) must be returned with the item and undamaged.
Restocking Fees: Most items returned in new condition will not have a restocking fee. However, some items may subject to a restocking fee. A restocking fee (typically 15%-50%) may be applied as a percentage of the amount originally charged for the item. Items that are generally not returnable include: any customized item, items with custom or “made to order” configurations, items with custom cables, custom lengths or dimensions, items with custom programming, custom firmware, custom software, custom configurations, custom layouts, custom engraving, custom printing, custom labels, nameplates, any made to order items.
Proof of Purchase: While we make every effort to retain purchase records, it is your responsibility to provide a record of purchase to us upon demand.
An RMA does not guarantee a refund or replacement. If a refund is initially issued and the manufacturer of the product finds the problem to be due to “customer use”, “installation issue”, “abuse” or any other factor, the credit will be reversed and you will be notified of such action. Lower 48 Instruments will accept no responsibility nor issue credit for packages damaged in transit for any reason. It is your responsibility to assure that the product is properly packaged for shipment and insured. Freight charges are your responsibility and we highly recommend that you insure the item, at your expense, for the amount of the potential credit that you are seeking.
Typical Return Processing Time: Once the item is received and inspected by us (usually within 72 hours of receipt) we will process the return and then notify you of the approval of the item(s) for credit or refund. Any applicable refund will then be processed and a credit will be automatically applied to your credit card or original method of payment within 2 to 10 business days. We will refund you up to the purchased amount less shipping, handling and any restocking fees. Please note that depending on your credit card company or financial institution, it may take an additional 2 to 10 business days after your credit is applied for it to post to your account.
International Returns: Items shipped outside the of the United States or Canada, or items shipped “internationally” cannot be returned under normal circumstances. If there is a product defect, we will make all reasonable efforts to work with you and / or the manufacturer to provide you a full replacement if the manufacturer’s warranty terms and conditions apply. Customer is responsible for all shipping, handling, duties, fees and taxes associated with the cost of replacement of an internationally shipped item(s). No shipping charges, handling fees, duties or taxes will be refunded.
Refunds for Services
Lower 48 Instruments is not obligated to provide refunds or credits for any Service, partial months or years of the Services, upgrades or downgrades, or unused time during your subscription. If Lower 48 Instruments materially breaches these Terms and fails to cure this breach within thirty (30) days of receiving written notice from you of such breach, Lower 48 Instruments will refund the proportion of the pre-paid fees attributable to the period after the breach. If you terminate your account in the event of a suspension for more than 5 business days or discontinuance of the Services, you will be entitled to a refund of the proportion of pre-paid fees attributable to the period after termination.
Lower 48 Instruments may terminate your account without notice in the event that you breach any of these Terms. your cancellation will take effect immediately. In the event of any termination, Lower 48 Instruments will not refund any of the prepaid Fees. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Lower 48 Instruments reserves the right to refuse service to anyone for any reason at any time.
Service Centers and Support Information
Lower 48 Instruments Technical Support Services: 513-696-6102 email@example.com
Demo Equipment and Rental Units
CUSTOMER IS RESPONSIBLE FOR ANY AND ALL DAMAGE TO OR LOSS OF DEMO OR RENTAL EQUIPMENT. Customer is responsible for the safekeeping of all Equipment, and shall bear the risk of any loss of the Equipment for any reason, and shall insure each item of Equipment against loss or damage for not less than the replacement value of each item and if requested by Lower 48 Instruments shall provide evidence of such insurance.
Intellectual Property Rights
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Terms, Lower 48 Instruments, its suppliers and licensors own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
All trademarks, service marks, logos, trade names and any other proprietary designations of Lower 48 Instruments used herein are trademarks or registered trademarks of Lower 48 Instruments. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Modifications to the Products and Services
Lower 48 Instruments reserves the right at any time to modify or discontinue, temporarily or permanently, the Products or Services (or any part thereof) with or without notice. Lower 48 Instruments shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
Lower 48 Instruments reserves the right to charge fees for your use of the Services. Lower 48 Instruments reserves the right, at Lower 48 Instruments sole discretion, to change published prices without notice.
As part of your enjoyment of the Products or Services, subject to these Terms, you may grant a third party access to your account to provide additional products, services or labor provided you agree to be responsible for the actions of the third party and to bind the third party to these Terms as your agent..
Digital Millennium Copyright Act Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through our Products or Services, please notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim is being infringed;
Identification of the material that is claimed to be infringing and where it is located;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Our designated copyright agent to receive notifications of claimed infringement can be reached as follows
Lower 48 Instruments, LLC
257 Regency Ridge Dr. Dayton, OH 45459
You are responsible for all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages posted, received or sent through the Products or Services (collectively “Content”) and for all activity that occurs under your account, whether done so by you or any user of the Product or Service who is interacting with you.
We have the right, but not the obligation, to remove Content that we determine in our sole discretion to be “Offensive Content” as defined below. We also have the right, but not the obligation, to limit or revoke the use privileges of anyone who posts such Content or engages in unacceptable behavior on or through the Services.
We cannot control all Content posted by third parties to the Products or Services. You agree to use the Products or Services at your own risk. You understand that by using the Products or Services you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Lower 48 Instruments be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content. If you would like to report objectionable materials, you may contact us at firstname.lastname@example.org
You may not post any unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable Content, or Content that violates any of these the Terms (“Offensive Content”).
These Terms, your rights and obligations, and all actions contemplated by these Terms shall be governed by the laws of the state of Ohio. Any disputes arising under this Agreement shall be heard in the state or federal courts in Warren County, Ohio. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Lower 48 Instruments shall not be responsible for any failure to perform due to unforeseen, non-commercial circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, crime, terrorist attacks, embargoes, acts of civil or military authorities, Internet outages, fire, floods, earthquakes, accidents, strikes, fuel or energy. In the event of any such delay, any applicable period of time for action by Lower 48 Instruments may be deferred for a period equal to the time of such delay.
Integration and Severability
These Terms are the entire agreement between you and Lower 48 Instruments with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Lower 48 Instruments with respect to the Products or Services. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Assignment of Terms
Lower 48 Instruments may assign or transfer the Terms, in its sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.