Same Day Rules

Terms and Conditions

An Agreement

What follows is an agreement ("Agreement") between you, the customer, and us, Same Day Rules. Please read this entire agreement and make sure you understand it. By using or ordering from this website, you agree to these terms and conditions. If you do not agree, please do not use or order from this website. If you have any questions or concerns, please feel free to contact us.

These terms and conditions govern the sale of products and delivery of services by us as well as by third party vendors or service providers supporting us. Services are defined as any assistance, function, or content that we make available to or perform for you, as well as materials displayed, transmitted or performed on this website. These terms and conditions take precedence over supplemental or conflicting terms and conditions to which any notice of objection has been given by you to us. Neither our delivery of product or performance of service shall be deemed or construed as acceptance of such supplemental or conflicting terms and conditions. Our failure to object to such supplemental or conflicting terms and conditions will not change nor add to the terms and conditions of this Agreement. Your acceptance of the products and/or services from us shall be deemed to constitute acceptance of the terms and conditions contained herein. These terms and conditions are subject to change and may be revised at any time. All revisions will be effective upon their posting to this website.

Orders

All orders placed by you are subject to acceptance by us. Unless otherwise agreed, all products will be shipped no later than 30 days from the date that we accept your order. If we are unable to fulfill and ship your order within 30 days of acceptance, we will issue a refund for your order using the original payment method. We may, at our sole discretion, allocate products among our customers. We may designate certain products and services as non-cancelable, non-returnable ("NCNR"). The sale of NCNR products and services shall be subject to any special terms and conditions specified by us, which shall prevail and supersede any inconsistent terms contained herein or elsewhere. NCNR orders may not be cancelled nor may NCNR products be returned for refund.

Price

The prices of products are those prices specified on the front of each order invoice. Pricing for undelivered products may be increased in the event of an increase in our costs, change in market conditions, or any other cause beyond our reasonable control. Price quotations shall automatically expire 30 days from the date issued, or as otherwise stated on each quotation.

Taxes

Unless otherwise agreed to in writing by us, all prices quoted include shipping and handling costs and sales tax, compliant with federal, state, and local tax regulations. All prices quoted are exclusive of insurance costs, value added taxes (VAT), tariffs, duties, and customs fees. You agree to indemnify and hold Same Day Rules harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon. When applicable, transportation and taxes shall appear as separate items on our order invoices.

Terms of Payment

Payment may be made by credit card or by PayPal. PayPal eChecks are not accepted. All payment fees shall be paid by you. An order may be withheld from shipment if a payment is suspect of being fraudulent or otherwise unauthorized. Credit cards must clear the authorization process and are only charged before shipment. Payments through PayPal are always charged at the time of order.

Delivery and Title

All deliveries from us to your delivery location are in accordance with Incoterms 2010 FCA ("Free Carrier") unless otherwise specified in writing. Title and risk of loss pass to you upon delivery to the carrier. Order delivery dates are estimates only and we are not liable for delays in delivery or for failure to perform due to causes beyond our reasonable control, nor shall the carrier be deemed an agent of ours. A delayed delivery of any part of an order does not entitle you to cancel the order in part or in whole.

Returns

Only products originally shipped from us will be considered for return. By requesting return of products to us, you certify that the products were purchased from us, and that there has been no substitution of the products from another supplier, distributor, or other source of the products. Please read and follow the Same Day Rules Return Process. You must contact us before returning products.

Exchanges

We will exchange any of our products that arrive damaged or defective within 30 days of shipment to you. Defective products may be exchanged for the same product. Products purchased from us that have been misused, damaged by you, or altered will not be accepted for exchange or refund. Please read and follow the Same Day Rules Exchange Process. You must contact us before exchanging products.

Cancellations

We reserve the right to charge cancellation and restocking fees on orders that are in process and that have not been shipped. Cancellation and restocking fees are 5% of the total order value. Orders that have been processed and shipped cannot be cancelled. Please read and follow the Same Day Rules Cancellation Process. You must contact us before cancelling an order.

Refund Policy

LESS THAN 30 DAYS

Products unopened, unused, in original packaging: within 30 days of shipment to you, full refund for the cost of products using the original payment method. Return shipping costs are your responsibility. We do not refund you for original shipping and handling costs. There is a 5% restocking fee for orders returned valued at $100.00 or more.

Products that arrive damaged or defective: within 30 days of shipment to you, upon verification of damage or defect, we will exchange the product or issue you a refund or credit for the product. Refunds will be issued using the original payment method. Return shipping costs will be covered by us. We do not refund you for original shipping and handling costs. Unless otherwise provided by applicable law, credit provided by us to you will expire if not used within 12 months.

MORE THAN 30 DAYS BUT LESS THAN 90 DAYS

Products unopened, unused, in original packaging: more than 30 days but less than 90 days of shipment to you, store credit for the cost of products. Return shipping costs are your responsibility. We do not credit you for original shipping and handling costs. There is a 5% restocking fee for orders returned valued at $100.00 or more. Unless otherwise provided by applicable law, credit provided by us to you will expire if not used within 12 months.

MORE THAN 90 DAYS

All products: more than 90 days after shipment to you, no refunds, exchanges, or store credit.

Upon receipt and inspection of returned products, we will advise you of the refund status. In the case of warranty or failure analysis, we will issue any applicable refund or credit pending confirmation of failure. We initiate refunds via the original method of payment within 48 hours of approval. Refunds via credit card can take up to 10 business days to post to your account.

Limited Warranty

We warrant our products to be free from manufacturing defects for a period of 90 days following the date of shipment to you. We will exchange defective products or issue you a refund or credit for defective products.

Products that are not manufactured by us may, or may not, be covered by original manufacturer's warranty and passed through to you. Contact us for clarification regarding original manufacturer warranties prior to placing an order.

Warranty will not apply if products fail or are damaged after delivery to you due to accident, abuse, or misuse.

TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH ABOVE, PRODUCTS (INCLUDING SOFTWARE) ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND SAME DAY RULES AND ITS SUPPLIERS MAKE NO WARRANTIES UNDER THIS AGREEMENT, EXPRESS, IMPLIED, OR STATUTORY, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE UNDER OR IN CONNECTION WITH THE PRODUCTS. SAME DAY RULES DOES NOT WARRANT THAT THE PRODUCTS AND CONTENT WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR THAT THEY WILL BE SECURE OR VIRUS-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SAME DAY RULES, ITS AGENTS OR OTHER REPRESENTATIVES OR EMPLOYEES SHALL IN ANY WAY INCREASE THE SCOPE OF SAME DAY RULES' WARRANTIES UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FORGOING, SAME DAY RULES AND ITS SUPPLIERS DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO ANY THIRD PARTY INTELLECTUAL PROPERTY, TECHNOLOGY OR INFORMATION PROVIDED AS PART OF THE PRODUCT OR DOCUMENTATION.

No Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SAME DAY RULES, AND ITS SUPPLIERS, SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND ARISING IN ANY WAY OUT OF USE OF THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, LOSS OF USE, REWORK, REPAIR, MANUFACTURING EXPENSE, COSTS OF PRODUCT RECALL, COSTS OF REPLACEMENT GOODS, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, EVEN IF SAME DAY RULES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE.

Use of Products

You must use products that you purchase from us in a safe manner and as documented on this website. You must be familiar with the operational, mechanical, electrical, and interfacing specifications of the products that you buy from us. You are solely responsible for the safe use of our products, and this specifically includes the safe use of electronic and electrical systems in order to avoid the risk of electrical shock or fire caused by the safe or unsafe use of our products.

Our products are not authorized for use in life support systems, life sustaining systems, human implantation, nuclear facilities, space systems, or any other application where product failure could lead to personal injury, loss of life, or significant property damage. If you use or sell our products for such use in such applications or fail to comply with our product specifications, you acknowledge that such use, sale, or non-compliance is at your sole risk. You shall indemnify, defend and hold Same Day Rules harmless from any claims based on: (i) compliance with your designs, specifications, or instructions; (ii) modification of any product by anyone other than us; or (iii) use of our products in combination with other products or in violation of this clause.

If you use or sell our products for use in any such applications: (1) you acknowledge that such use or sale is at your sole risk; (2) you agree that Same Day Rules is not liable, in whole or in part, for any claim or damage arising from such use; and (3) you agree to indemnify, defend and hold Same Day Rules harmless from and against any and all claims, damages, losses, costs, expenses, and liabilities arising out of or in connection with such use or sale.

Access Keys

Access keys are electronic information that allow the customer, and only the customer, to use a product or service that has been paid for by the customer for a specific purpose (typically access to a paid subscription service). Access keys are to be safeguarded by the customer and cannot under any circumstance by shared, distributed, posted, revealed, or otherwise given away to any individual, group, entity, corporation, or online content provider. Making access keys available to anyone other than the customer to which the access key was issued is a violation of these Terms and Conditions, and will result in access to the product or service being immediately revoked with no recourse for refund of the price paid by the customer for the product or service.

Export Control

You hereby acknowledge that the products and services delivered under this Agreement are subject to applicable export control and trade sanctions laws and regulations, including without limit those of the United States such as: the sanctions administered by the U.S. Department of Treasury's Office of Foreign Assets Control (31 CFR Part 500 et seq.), the Export Administration Regulations ("EAR", 15 CFR Part 730 et seq.) administered by the U.S. Department of Commerce's Bureau of Industry and Security, laws and regulations targeting proliferation activities, and the restricted parties lists maintained by the U.S. government (e.g., the Denied Persons List, Unverified List, Entity List, Specially Designated Nationals List, Debarred List and Non-proliferation Sanctions). You agree to comply with these laws and regulations and certify that you will not use, sell, resell, export, re-export, import, dispose of, disclose or otherwise deal with the products or services delivered under this Agreement, directly or indirectly, to any country, destination or party without first obtaining any required export license or other governmental approval, and completing such formalities as may be required. You further agree to not do anything which would cause Same Day Rules to be in breach of the export control and trade sanctions laws and regulations.

Forces Beyond Our Control

We are not liable for failure to fulfill our obligations under this Agreement due to causes beyond our reasonable control (for example, acts of nature, acts of omissions by you, operational disruptions, natural or artificial disasters, epidemic medical crises, materials or product shortages, strikes, riot, war, criminal acts, delays in delivery or transportation, inability to obtain labor, government priorities, changes in law, material shortages, fire, floods, quarantine restrictions, acts of terrorism, unavailability of materials or products through regular sources).

Technical Assistance or Advice

If technical assistance or advice are offered or given to you by us, such assistance or advice is given free of charge and only as an accommodation to you. We shall not be held liable for the content or your use of such technical assistance or advice nor shall any statement made by any of our representatives in connection with our products or services constitute a representation of warranty, express or implied.

General

This Agreement shall be governed, construed, and enforced by the laws and courts of the State of California. The State of California shall have jurisdiction over all controversies arising out of, or relating to, this Agreement.

The unenforceability or invalidity of any of these terms or conditions will not affect the remainder of these terms and conditions.

Products, including software or other intellectual property, are subject to any applicable rights of third parties and you shall comply with such rights.

Product information (for example, statements or advice, technical or otherwise, advertisement content, and information related to a product's specifications, features, export/import control classifications, uses or conformance with legal or other requirements) is provided by us on an "AS IS" basis and does not form a part of the properties of the product. We make no representation as to the accuracy or completeness of product information, and disclaim all representations, warranties and liabilities under any theory with respect to the product information. All product information is subject to change without notice.

All features, content, specifications, products, and prices of products and services described or depicted on this website are subject to change at any time without notice. The inclusion of any products or services on this website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the possession, use and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

We will fully cooperate with any law enforcement authorities as per our Law Enforcement Guidelines.

The design of this website and all text, graphics, information, content, and other materials displayed on or that can be downloaded from this website are protected by copyright, trademark and other laws. The contents on this website are Copyright (c) 2022, Same Day Rules, or their respective affiliates and suppliers. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

Certain trademarks, trade names, service marks and logos used or displayed on this website are registered and unregistered trademarks, trade names and service marks of Same Day Rules and its affiliates. Other trademarks, trade names and service marks used or displayed on this website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this website grants or should be construed as granting, by implication, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this website without our written permission. The following have made royalty-free artwork available to Same Day Rules and their support is greatly appreciated:

By submitting user content to this website you are granting us a worldwide, non-exclusive license to use the user content and are representing and warranting to us that the content is owned or duly licensed by you, and that we are free to publish, distribute and use the user content as hereinafter provided for without obtaining permission or license from any third party.