Terms of service
PRODUCT TERMS AND CONDITIONS
These Terms and Conditions (aka "Agreement") govern the sale and use of Guardeon LLC, Post Safety Cap.
1. Definitions
"Buyer" refers to the party purchasing the Product from the Seller.
"Product" refers to the product provided by the Seller to the buyer.
“Seller” refers to Guardeon LLC
"Order" refers to the Buyer’s purchase order for the Product.
2. Sale of Product
The Seller agrees to sell, and the Buyer agrees to purchase, the Product under the terms and conditions of this Agreement.
3. Effective Date
The terms and conditions of the agreement between seller and buyer are effective upon order confirmation/receipt.
4. Right of Revision Guardeon LLC reserves the right to revise, alter, clarify, update, abridge, expand or otherwise change the terms and conditions at any time.
5. Product Specifications The Product is designed to be installed on top of sign posts, fence posts, tent spikes and other fixtures to mitigate or eliminate the risk of injury upon contact.
Specifications, dimensions, materials, and any other details of the Product are listed in the Product's datasheet or technical manual provided by the Seller. The Seller does not warrant that the Product will meet the specific needs of any particular installation scenario unless otherwise agreed in writing.
6. Pricing and Payment The price for the Product shall be as specified in the Buyer’s Order, subject to change based on any additional requests for customizations or modifications. Taxes, shipping, handling, and any other applicable charges are separate and are the responsibility of the Buyer.
Payment is due upon receipt of the invoice unless otherwise agreed. If payment terms are not met, Seller reserves the right to suspend or cancel any orders. Payments made at time of purchase/order will receive a 2% discount. Late payments will be assessed a late fee, the greater of $10 or 5%.
7. Delivery
Delivery of the Product will occur as specified in the Buyer’s Order. Guardeon LLC will ship product(s) per original order within 10 business days of order receipt. Product(s) will be delivered to the shipping address provided during order entry. The Seller shall make reasonable efforts to deliver the Product on time, but any delay shall not be considered a breach of this Agreement.
Product(s) will be shipped/delivered at Guardeon LLC discretion. Guardeon LLC is responsible for all ordinary shipping costs in excess of the quoted shipping cost. Any unique, special or uncommon shipping requests must be provided prior to quoted shipping costs and any costs associated will be the buyer’s responsibility. Any unique, special or uncommon shipping requests received after quoted shipping costs may result in additional shipping costs at the responsibility of the buyer. Normal delivery times are defined as standard business hours (i.e. Monday through Friday 8:30am - 5:00pm local time).
Delivery is considered complete when the Product is handed over to the Buyer or to the shipping carrier, whichever occurs first.
8. Installation and Warranty
The Product is designed to be easily installed, but installation is the responsibility of the Buyer unless installation services are separately contracted.
The Seller warrants that the Product will be free from material defects in workmanship and material for a period of 30-days from the date of purchase, under normal use conditions.
The Seller’s warranty does not apply to any damage caused by improper installation, misuse, neglect, or modifications to the Product.
9. Returns and Refunds
The Buyer may return the Product within 30 days of receiving it, provided that the Product is unused, undamaged, and in its original packaging for a refund, exchange, or store credit.
The Buyer must obtain a Return Merchandise Authorization (RMA) from the Seller before returning the Product. To initiate a return, contact customer service at www.guardeonllc.com to obtain a return authorization number and shipping instructions. Refunds will be issued in accordance with Seller’s return policy, and shipping fees are non-refundable.
10. Non-returnable Items:
Certain items, including but not limited to customized products and clearance items are not eligible for returns or refunds.
11. Refund Processing:
Once the returned item(s) is received, a refund will be processed within 10 business days, and the credit will be applied to the original payment method.
12. Cancellations
Before Shipment - Customers may cancel orders before shipment for a full refund.
After Shipment - Once an order is shipped, cancellation is subject to a 15% restocking fee and may require return shipping costs.
13. Damaged Items:
If you receive a damaged item, please contact customer service within seven days of delivery to arrange a replacement or refund.
14. Return/Refund/Cancellation Agreement
By placing an order, you agree to these return, refund, and cancellation policies.
15. Age Limits
Guardeon LLC products are warranted for a period of 30 days. Guardeon LLC recommends replacement of its products, as a result of normal wear and tear.
16. Liability
The Seller’s liability is limited to the purchase price of the Product. The Seller is not liable for any incidental, indirect, exemplary or consequential damages, including, but not limited to, personal injury, property damage, loss of use, or any other economic loss arising from the use or installation of the Product.
The Buyer acknowledges that while the Product is designed to mitigate or eliminate injury, no product can entirely eliminate all risks of injury, and the Buyer is responsible for ensuring the Product is used properly and safely.
The Buyer agrees to use Guardeon LLC products in the intended use and prescribed way. Any intentional misuse or abuse of Guardeon LLC products may nullify the existing terms and conditions.
17. Indemnification
The Buyer agrees to indemnify and hold harmless the Seller, its employees, agents, and affiliates from any and all claims, damages, liabilities, and expenses (including attorney’s fees) arising out of or related to the Buyer’s installation and use of the Product.
18. Compliance with Laws
The Buyer agrees to comply with all applicable local, state, and federal laws and regulations regarding the installation, use, and maintenance of the Product, including any safety or environmental requirements.
19. Ownership and Intellectual Property
The Product and any associated intellectual property, including designs, patents, patents pending, trademarks, and copyrights, are the exclusive property of the Seller.
The Buyer does not have the right to reverse engineer, modify, or reproduce the Product without written consent from the Seller.
20. Force Majeure
The Seller will not be held liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is caused by events outside of its reasonable control, including but not limited to natural disasters, acts of government, war, or supply chain disruptions.
21. Governing Law
This Agreement shall be governed by, and construed in accordance with, the laws of the state of IL, without regard to its conflict of law principles. Any disputes arising from this Agreement shall be resolved in the courts located in IL, and the parties consent to the exclusive jurisdiction of those courts.
22. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.
23. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreements. Any modifications to this Agreement must be in writing and signed by both parties.
24. Acceptance
By purchasing the Product, the Buyer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.