Terms of Service
These “Terms of Sale” govern your purchase of any product offered by Applied Interactive, LLC or Access Fixtures. Please read these terms of sale carefully. They contain very important information about your rights and obligations as well as your limitations that may apply. For convenience and ease of understanding, some Terms of Sale information is accessed via links from this page. By placing an order you acknowledge you have read and agree to be bound by the complete terms of sale both on this page and linked to from this page, without limitation or qualifications. These terms are subject to modification without prior written notice and at any time in Access Fixtures’ sole discretion.
Please visit our Shipping Policy page – click here
Submitted orders are not binding until accepted by Access Fixtures. Access Fixtures reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. Access Fixtures’ goal is to process all orders within 24 hours of receipt. Orders will be acknowledged via an email. Orders are processed and shipped during regular business hours which are Monday through Friday 9:00AM-5:00PM EST, excluding holidays. If Access Fixtures encounters any problems processing or shipping your order you will be contacted within two business days. Access Fixtures reserves the right to hold any order for a security review. If your order is affected, you will be notified within two business days.
For orders containing large quantities of merchandise shipping to a single address or an order that has multiple shipping addresses, please email or call during regular business hours. Regular business hours are Monday through Friday 9:00AM – 5:00PM EST excluding holidays.
Payment can be made with Visa, MasterCard, American Express and Discover credit cards. Credit cards are charged when an order is placed. Checks and bank transfers may be used for payment too, but payment must be received in advance of order processing. Access Fixtures does not provide credit or open accounts.
Products in our warehouse generally ship within 1-2 days of placing the order however, many Access Fixture products are custom configured and need to be built and/or ship from partner’s warehouses. Also, it is possible an item may temporarily be out of stock. Please check your order for the estimated shipping time. Access Fixtures advises customers of estimated shipping dates, but Access Fixtures will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes. If the order is not received within the expected time expected, contact customer service during regular business hours which are Monday through Friday 8:00AM – 5:00PM EST excluding holidays.
Unshipped items can be cancelled as long as the item was not custom configured and/or manufactured specifically for your order. Some items while cancelable, may involve a manufacturer’s cancellation fee for which the customer is liable. This is because the product ordered may have to be unassembled and return to stock. Order Cancellation Refunds take 30 to 60 days to process by check.
Possession of or access to any Access Fixtures Industries literature or the Access Fixture website(s) does not constitute the right to purchase from Access Fixtures. Access Fixtures reserves the right to correct publishing errors. All references herein to the term “products” shall include services provided by Access Fixtures.
Prices as listed are for individual units and do not include freight, handling fees, or taxes and/or duties, and are subject to correction or change without notice. Market Sensitive Commodity items will be priced according to current market conditions.
While Access Fixtures pursues a 100% error-free web site, errors are possible. If product price errors are discovered, they will be promptly corrected and the corrected price will apply. Access Fixtures will notify the customer if an order includes items that were incorrectly priced. Product dimensions listed are provided by their respective manufacturer and are as accurate as possible.
In accordance with applicable state and local laws, we are required to charge sales tax in localities where Access Fixtures has operations. Access Fixtures does not benefit from the collection of sales tax. Access Fixtures remits all taxes collected directly to the appropriate taxing jurisdiction. The appropriate sales tax amount will be displayed on the check out section of the site. Because Access Fixtures’ shipping and handling charge is a combined charge, the charge is subject to sales tax in many of the states where a separately stated shipping charge might normally be nontaxable. By law, Access Fixtures charges and collects sales tax in Massachusetts.
Please visit our Return Policy Page – Click Here
ALL PRODUCTS ARE SOLD “AS-IS” or “With All Faults”. ACCESS FIXTURES IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY ACCESS FIXTURES ARE NOT MANUFACTURED BY ACCESS FIXTURES. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER’S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). ACCESS FIXTURES ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. ACCESS FIXTURES MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. ACCESS FIXTURES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
ALL ITEMS SOLD THROUGH ACCESS FIXTURES ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR ACCESS FIXTURES , ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
Limitation of Liability
IN ALL CIRCUMSTANCES ACCESS FIXTURES’ MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. ACCESS FIXTURES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. ACCESS FIXTURES SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT ACCESS FIXTURES HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
Access Fixtures does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. Customer agrees not to record any call with Access Fixtures unless Customer has provided clear and conspicuous notice to Access Fixtures and has received prior written consent from Access Fixtures.
Risk of Loss
Access Fixtures will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) — excepting software– and risk of loss passes to the Customer upon delivery to the carrier. Access Fixtures reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Access Fixtures to sign appropriate documents on Customer’s behalf to permit Access Fixtures to protect its purchase money security interest.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Access Fixtures and Customer shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Access Fixtures and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the Commonwealth of Massachusetts, Worcester County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Access Fixtures that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Massachusetts law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
These terms and conditions, together with Access Fixtures’ invoice regarding the products ordered by Customer, are the complete and exclusive agreement between Access Fixtures and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Access Fixtures and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.