Quotes
Quotes:  Written Estimates/ Quotes / Proforma Invoices do not include shipping or freight charges unless specifically stated within the document.  Common Carrier rates used by Upswung are deemed as reasonable and buyer understands that package weight and size determine delivery rate.  Shipping may exceed the cost of the product if the unit is an unusual size.  All quotes are good for the number of days specified but never for more than 20 working days after the original quote.  All Quotes/Estimates/ Proforma Invoices are given in US dollars only.

Order Acknowledgements
Upswung Corp. Terms and Conditions listed on this page have priority over and limit Terms and Conditions listed or referenced to in any Customer  Purchase Order or other document generated by the Customer. Signed Order Receipt Acknowledgements must be utilized on orders over $4,000.00 US. Unless otherwise stated shipping is not included in the product purchase price and will be billed to the customer as an additional charge. Upswung Corp. is not liable for any Customer Sales Tax owed in any purchase by the Customer. If a taxing authority deems a transaction taxable then the customer agrees to repay Upswung Corp. for Sales Taxes owed. 

Shipping Terms 

UPS: Shipping on pre-paid orders applies to orders within the continental US only. If the customer returns the item(s) for ANY reason customer is responsible for outgoing freight as well as return freight. The cost of the shipping will be deducted from the credit which the customer is entitled to upon receipt of the returned item(s). 

COMMON CARRIER ORDERS: .  Free shipping does not apply to common carrier orders.  Please note that some deliveries may incur additional charges to the customer.  We are happy to suggest other methods of delivery to avoid or minimize such additional charges, or use your carrier if they are able to pick-up. Please speak to your sales representative with any questions or concerns you may have.

TAIL GATE DELIVERY: All common carrier deliveries are "tail gate" only deliveries. This means that the truck driver will only move the item to the tail gate of the truck. The customer is responsible for off-loading the item and moving the item from that point. Please arrange to have help present to assist you in carrying your product.

RESIDENTIAL DELIVERIES: Residential deliveries are deliveries that are made to NONCOMMERCIAL addresses regardless of the presence of a company name at that address. Only heavy weight deliveries (see below) are subject to these additional charges. To avoid these additional charges other options are available for delivery such as shipping the item to the nearest truck terminal for pick in your area or by shipping it to an alternate address such as a work address. These charges are incurred due to the need for switching your order from a large truck to a smaller one for delivery to your home. Large trucks cannot drive onto residential streets. Please speak to your sales rep for further information and rate quotes.

LIFT GATE DELIVERIES: Lift gate trucks are specially designed trucks that have a lowering system present to assist in off-loading your item from the truck to the ground. Lift gate delivery can be arranged at an additional charge of $60 if there is no way for you to remove such a large package yourself. Please speak to your sales representative for additional information and rate quotes.

RETURNS: If the customer returns the item(s) for ANY reason, customer is responsible for outgoing freight as well as return freight. The cost of the shipping will be deducted from the credit which the customer is entitled to upon receipt of the returned item(s). 

Price Guarantee
We will meet or beat any advertised price from established dealers who stock and can ship the same products in a timely manner.
Special Orders are exempt from this guarantee.

Custom Orders
CUSTOM ORDERS Warrantees and product liability agreements are limited to the original manufacturer's agreement and do not cover any custom made products.  Custom made products are by definition any products that have been specified to have an altered measurement of any sort, such as, arm length, base unit width, height depth or other weight alteration caused by signage or other attachment 
All customs may take 2 to 10 weeks 

Return Policy
TERMS AND CONDITIONS OF SALE: Prices are subject to change without notice. Order by phone/fax/email/US Mail. All major credit cards accepted plus money orders, business checks, wire transfers & letters of credit. Personal checks add 10 days processing. All prices are plus shipping and handling unless otherwise indicated. NV residents add 8.0% sales tax. Allow up to 5 to 7 business days for shipping and handling on most items. All legal disputes shall be adjudicated in the County of Douglas, Nevada.

RETURN POLICY: The original purchaser has a period of 30 days** to return any purchase for a full refund, less shipping and handling, provided the merchandise is in new, resalable condition and returned in the original undamaged packaging. Customer is responsible for return freight to us as well as the original freight costs, regardless of the original freight being free of charge. Acceptance of merchandise is final only after inspection. All returns require a "RGA" - Returned Goods Authorization. All warranty books, instructions manuals, parts and accessories must be included as well as the original box in which the item was shipped. To protect the original factory carton from any additional shipping damage, please place it inside another carton for return shipping. In some cases, returns of special orders will require a re-stock fee.

Used items may not be returned. Acceptance of merchandise is final only after inspection. All warranty issues and defective merchandise are handled by the manufacturer. All returns require a returned goods authorization number (RGA). Refunds are issued by check 14 days after return, or credited to the account used to charge merchandise once approved.

TRANSPORTATION CHARGES MUST BE PREPAID:
Larger items (over 100 lbs or on a pallet) will be shipped by common carrier (truck).

• If the item is being shipped to a residence, a residential delivery charge may apply and is the responsibility of the customer.
• Customer is responsible for unloading the item(s) from the truck.
• In the event a customer refuses shipment after shipping from the factory, the customer will be responsible for all freight charges to and from the shipping location and a restocking fee.
• In the event a customer requests to pick up a shipment at a local freight company terminal and the customer does not pick up the shipment, the customer is responsible for the cost of shipping both to and from the freight terminal and a restocking fee.
• A 10% restocking fee will be charged on approved returns in unopened boxes.
• A 25% restocking fee for items which have been opened but still in original saleable factory carton with all packaging, etc.
• Any merchandise return which does not adhere to this policy, will be returned freight collect.

AVAILABLE SHIPPING METHODS:
Most orders shipped via UPS Ground. Larger items are shipped by common carrier. Priority mail available in instances where UPS is not feasible. Next day Air service available on orders received by 1:00pm Pacific Time. International shipping available to most countries. 

Liability Disclaimer

We sell only quality products , but the installation of what we sell is beyond our control therefore: The Seller has read the "Operator Disclaimer" below and,

The Buyer (you) agrees that Upswung Corp.   (Seller)  will not be held responsible in any way for injuries or property damage in  the installation of, and/or use of the products purchased from Seller. The Buyer  also agrees to seek professional advice and/or construction trade service as needed for installation of products purchased from Seller. The Buyer also agrees to have applicable product installations approved by the local building department such as 120 volt wired installations, and swinging gate installations, etc. The aforementioned will be inspected by the Buyers local Building Department. to insure a safe installation.

The Seller will gladly offer advice and information as necessary to the Buyer, but the Buyer agrees that such advice is not a substitute for professional trade expertise and that Seller will not be held responsible for any advice given. 

Updated 02/15/05