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Terms & Conditions

3.1) When you make a purchase or transaction with Ace Division and its subsidiaries, you are agreeing to all terms listed on the auction. We are not responsible if you do not read the complete terms and conditions at the time of the sale. If you do not agree to all terms as stated in this listing or online site, then by all means, do not buy from us!

3.2) You must supply us with your correct and current street address. We will not be responsible for shipping fees if you supply us with an incorrect shipping address. If we receive a package returned from the carrier due to incorrect address, you will be responsible for rendering a double re-ship fee incurred by having the new item sent back to the buyer as figured & stated below, as we are billed for not only shipping to your incorrect address but we are also charged for return shipping fees as well. If your package is being held by the carrier due to incorrect shipping address, and you want us to call the carrier and correct the address, you will need to pay an additional redirect fee in the same amount the carrier currently charges plus $1 handling fee. If you contact us before or after the sale to change your shipping address from what is stated on your order, then we will do our best to change the order for you, but we cannot guarantee or be held responsible for shipping costs if your order is shipped to the address you supplied to us with your original order. We can only guarantee and be responsible for shipping your order to the address that you stated on your order. Furthermore, if you need us to later resend you a package related directly to your original order such as the following examples: a return re-ship & exchange, replacement part, RMA order, etc., know that we will ship this additional order to the address shown on your original order. We will not ship to the changed address you provided after the original purchase. We will view your original order and ship to that shown address. 

3.3) It is the buyer’s responsibility to make sure that all of your state, federal, national, local, and or city laws and ordinances allow the use of the product you are purchasing. 

3.4) If you are dissatisfied with your product, you must contact us BEFORE posting online negative feedback, and we will do everything as promised in the terms and conditions to solve the problem. If you choose to go ahead and leave negative feedback, all warranties, exchange and refund terms of the agreement are null and void until you retract your feedback. In other words, if you would like us to fix the problem, do not leave negative feedback and then demand a solution.

3.5) If your package is lost in transit, we should be able to re-ship your package out within 3 business days once we have confirmed with the shipping company that it has been lost. However, if the carrier cannot confirm directly with us that your package was lost in transit and if your shipment has been in transit by the carrier company for more than 16 business days and has not been scanned within the last 14 business days, we will reship your order back out to you. If we decide your destination zone is a high-risk area for lost packages, we may decide to issue you a full refund and cancel the order. Although extremely rare, cases this sometimes occurs with larger packages that are shipped during peak shipping seasons with USPS Parcel Post, USPS International, UPS SurePost and FedEx Smart post. 

3.6) In the rare event of damage due to shipping, the customer must accept the item and must not refuse delivery of the package. If you refuse the delivery, you may be required to submit a re-ship fee as figured and stated below, which is a shipping and handling charge payment to us in the same amount as the original order. Once the customer has inspected the item, and has identified the damaged parts, then he/she should contact us to receive the exchanges for the defective part(s) (see "Warranty" terms for instructions). The customer also has the option to file a damaged report claim against the shipping company under their name. If you file a damage report claim with the shipping carrier, do not let the shipping carrier remove the product from your possession without our expressed written consent.

3.7) If the buyer receives the incorrect product by mistake, we will issue the buyer a pre-paid FedEx, USPS or UPS return label by an email attachment. The buyer will be required to send us a picture of the item you received by email so that we can confirm you did receive the wrong item. The item the buyer received must be obviously an incorrect item or grossly misrepresented. Grossly misrepresented is defined as an item(s) that are completely different from the pictures, descriptions, and terms and conditions stated here. Grossly misrepresented items are not items that the buyer claims are a different shade of color, or have a defect or blemish (see complete terms and conditions 3.11 for those issues and complete details). Ultimately, the determination of an item being grossly misrepresented and the decision to issue the buyer a pre-paid return label is up to Ace Division or its subsidiaries or agents. If the buyer is issued a pre-paid return label, the buyer must be able to open the attachment from their email and print out the label using a standard printer. The buyer must use the same packaging and drop off the package to any FedEx, UPS or USPS authorized ship center. Ace Division or its subsidiaries will not include or pay for carrier pick-up trip charges to come to the buyer’s location to pick up the package.

3.8) Ace Division or its subsidiaries, agents, or employees shall not be directly or indirectly responsible for any losses to the customer as a result of the failure of any part, including incidental or consequential loss or damage arising from injury, loss of use, loss of time, rental vehicles, loss of profits, or loss of income. Our maximum liability in any event including but not limited to if your order is unavailable, or is lost or is damaged by us, or is subject to any other valid or legal claim, shall be to provide a refund of the purchase price for that specific item (upon return of the order if delivered). We shall have no other obligation or liability to the buyer. If buyer brings a legal action against Ace Division and its subsidiaries or agents, buyer shall be obligated to pay our reasonable legal costs and attorney fees. In the event of any claims or disputes of any kind, buyer agrees to submit any such legal claims or disputes to arbitration in Smith County, Texas due to jurisdiction and law regulations pursuant to the arbitration of claims and disputes provision set forth in these stated terms and conditions. You are agreeing that the complete sell of any merchandise you buy from Ace Division and its subsidiaries, employees or agents is completely in Smith County Texas.

3.9) Prices and availability of products and services are subject to change without notice. Note that we reserve the right and have the freedom to change our prices, including raising and lowering prices, at our own discretion at any time and for any reason. When you make your purchase, you agree to buy this product for the price stated in the listing at that very date and time. Prices are determined by current supply and demand. If we lower prices even one minute after you purchase an item, we will not issue a partial refund. On the other hand, if we increase an item’s price, we will not sell you the item at the previously lower price. Likewise, when we choose to increase our prices, we will not later bill previous customers for the increased price difference. You agree to the price shown the instant you make your purchase. If you demand either a partial refund or a price other than currently listed, we will respond only by copying this paragraph from these Terms & Conditions.

3.10) There are no agreements or warranties, expressed or implied including warranties of merchantability or fitness for a particular purpose, other than those stated in this agreement.

3.11) The buyer understands and agrees that they will not be shipped or sold the exact product that is shown in the photos. The products shown in the photos are only of our demo models. We try to keep our stock pictures and product images up to date, but sometimes there are modifications made by the manufacturer with or without notice. Keep in mind these modifications are decided only by the factory to improve production, safety, performance, quality and/or cost control. The product(s) shown on the image listing might not be exactly the same product(s) in which you receive. Differences in the image shown in the listing and the actual product you receive may include but not limited to, a change in cosmetic style or assembly design, parts made out of different material and/or shape, darker/lighter or different shade of color than shown in the picture, different texture or color pattern design, and or size ratio or appearances as portrayed in the photos.

3.11a) Please note that drums shown on this site will show a color pattern and design in the photos. The color pattern and design of the drum that you will receive will be different then what is shown. This is because all drum designs cannot be made identical to one another. 

3.11b) You will only receive the product that is shown and stated specifically for sale in the listing. Your purchase does not include anything else shown in the photos such as props being used in the photos with the product being sold, backgrounds, people, or any other special equipment or objects that was not specifically stated for sale in the offering or listing.

3.12) Specifications are supplied by manufacturer and have been independently tested by Ace Division or its subsidiaries or agents at random intervals only. Based on factory changes and modifications, buyer assumes and accepts that all sizes, dimensions, and weights stated on all listings may have an 8% plus or minus differential in the actual product that will be sold or received. To confirm exact measurements, it is the buyer’s responsibility to email us before purchase. 

3.12a) The buyer understands and agrees that the specifications, features, and description that are being advertised are only under OPTIMAL or ideal use and set up. Products with adjustable dimensions, and or special features might not perform as advertised under certain adjustment settings. For example, a tripod stands advertised weight load will decrease as the user raises the stands adjustment higher. At the same time, the advertised weight load of the tripod stand will decrease as the user folds in the legs closer to reduce floor space. Therefore, the optimal or ideal setting to achieve the advertised weight load and stated performance of the product would be to assemble the tripod stand at the shortest setting with the legs spread all the way out. Furthermore, a product with multiple levels of adjustments or features might not be able to achieve all the advertised measurements at the same time. For example, a product with two or more adjustable sizes which include its depth, height, and/or but not limited to width, might not be possible to achieve all its advertised measurements at the same time. Depending on the type of product, this might be due to the fact that the more the user increases the width adjustment the more the depth of another measurement decreases or vice versa. Ultimately it is the buyer’s responsibility to understand how the product works, functions, adjusts, assembles, measures and performs under different adjustment settings and optimal or stressed conditions.

3.13) Ace Division and its subsidiaries or agents are not responsible for typing errors in email correspondence by any of our agents. Buyer represents and agrees that no verbal agreements, email communication or representations have been made or relied upon by the buyer for any purposes. No verbal representations or email communication of any kind shall be of any force or effect. For the most accurate information, please relate to this listing or these terms and conditions.

3.14) We do not guarantee delivery time or specific date for your order due to weather conditions and third party carrier’s ability to deliver the package unless it is specified in this listing. We only guarantee that your package will be shipped within 5 business days (unless otherwise stated), providing that the customer has supplied us with all the sufficient information and funds to ship the order.

3.15) Your original payment does not include any additional shipping features offered by the shipping carrier that is not stated here in the terms and conditions (for example signature required services). If you would like to add a signature required service to your order, you must submit a $5 payment through PayPal to our email address within 30 minutes after your original payment. Include in the title of your PayPal payment “Signature Required Upgrade.”

3.16) Ace Division or its subsidiaries are not responsible for stolen packages once your item is delivered. If a package is delivered to you or on your property, and it is stolen, it is your responsibility to put a trace out on the package from the shipping company, or contact the local authority or your insurance provider to report a theft or claim loss.

3.17) Errors will be corrected where discovered, and Ace Division and its subsidiaries reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your payment cleared.

3.18) Unless otherwise stated, all products sold by Ace Division and its subsidiaries are made in China.

3.19) To save on our "Multiple purchases to save you on shipping" (if applies) discount or combined shipping discount, the items purchased must be purchased within 1 hour of each other.

3.20) Business days include Mondays through Fridays only and also are not considered during the following holidays: New Year's Day, Martin Luther King Jr's Birthday Observed, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

3.21) The product that you are purchasing may or may not require assembly, initial adjustments and/or regular adjustments required to use that product. The customer or recipient of the item(s) must have basic knowledge of how the purchased item(s) functions as well as knowledge of how to use any tools required to assemble, operate, and make all adjustments to the product. Additional tools may not be included to assemble or use the product. Note that not all adjustments will be the same for all customers due to different measurements of applications being used with the products and/or different tension settings that each individual customer prefers. If you have questions concerning assembly, adjustments, or additional tools needed for the use of the purchased item(s), please contact us prior to making your purchase.

3.22) From time to time, we reuse shipping boxes and product carton boxes to ship orders. In doing so, we keep our costs and, therefore, prices as low as possible for our customers. Note that reusing boxes does not affect the possibility of your item being damaged in transit, nor does not mean that your item was a customer return/used item. In most cases, all orders are double boxed anyway, thereby protecting the actual item purchased.

3.23) It is the buyer’s ultimate responsibility to make sure the product that they are purchasing is compatible, fits or works with their independent equipment, room size, gear or any other items or property that they intend to use in conjunction with. Ace Division or its subsidiaries does not guarantee its products being sold or offered will be compatible with the customer’s products which may include all different types and brands including but not limited to unknown or custom equipment.

3.24) Any communication you receive from Ace Division or its subsidiaries and agents about products or services being offered will only be considered accurate for up to 48 hours after the time being sent.  

 

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