Aprilaire Customer Agreement
The following is our legal customer agreement of Aprilaire, a division of Research Products Corporation (“RP”)
By indicating your agreement to this Customer Agreement (“Agreement”) on the Research Products Corporation (“Aprilaire”) website, you (“Customer”) have acknowledged that you have read this Agreement and have agreed to its terms:
1. Purchase of Product and Installation; Payment:
Customer agrees to purchase and have installed in Customer’s residence, by Aprilaire’s assignee, the new, genuine Aprilaire consumer product(s) which Customer has indicated that he/she wishes to purchase and have installed on the Aprilaire website, on the terms in this Agreement, at the prices established by Aprilaire and posted on its website, which prices are agreed to by Customer. The Agreement is contingent upon Customer paying the price posted by Aprilaire on its website, by credit card or other secure means approved by Aprilaire. All Agreements shall be subject to final acceptance by Aprilaire at its offices in Madison, Wisconsin, and Customer agrees that no binding agreement shall exist with Aprilaire until an acceptance has been sent by email or regular mail to Customer.Customer agrees that Aprilaire will assign the Agreement to an assignee who will deliver the purchased products to Customer’s residence and will install the purchased products therein, and that the selection of the assignee by Aprilaire shall be the sole right and responsibility of Aprilaire. The parties agree that Aprilaire will compensate the Aprilaire assignee on the terms agreed between Aprilaire and assignee, and that Customer will have no obligation with respect to payment for such goods or services to the assignee, unless Customer purchases additional goods or services directly from such assignee in which event the agreement and obligation for such additional items shall be solely between Customer and the assignee, and Aprilaire shall have no responsibility or liability for such additional matters. Aprilaire reserves the right to reject any and all customer agreements prior to the delivery of the product to Customer’s residence, for any reason deemed sufficient by Aprilaire, including but not limited to, unusual or costly conditions at the residence of Customer which will materially increase the cost beyond that normally contemplated by Aprilaire or its assignee, or other matters that would constitute a force majeure event under applicable law, such as the inability to secure product or materials, inability to secure fuel or transport, war, riot, civil disturbance, terrorist attack, unusual or extreme weather conditions or similar circumstances not under the reasonable control of Aprilaire or its assignee. Customer agrees that upon receipt of notification of assignment by Aprilaire of the work hereunder, Aprilaire shall be released from all liability hereunder, except for the purchase price paid by Customer and Aprilaire’s applicable standard consumer product warranty for the applicable product, a copy of which can be obtained from the Aprilaire web site and is supplied with the Aprilaire product. Upon notification of such assignment, all other obligations of Aprilaire under this Agreement shall become the obligation of the assignee. Customer acknowledges that the assignee may terminate this Agreement if assignee is unable to contact Customer within a reasonable time after receiving notice of the assignment to arrange for an appointment to deliver and install the product, or is unable to deliver and install the product within a reasonable time after assignment, in which case Aprilaire may either assign the Agreement to a new assignee or refund Customer’s payment to Aprilaire, at its option.
2. Autoship orders:
• By placing an Autoship order, whether via Aprilaire.com or placing a telephone order through an Aprilaire Customer Service Representative, you are bound by these Aprilaire Autoship Terms and Conditions.
• By placing an Autoship order, you authorize Aprilaire.com to automatically place and ship an order for your selected Autoship item(s), on a scheduled date determined by your order frequency selection on your initial Autoship order.
• By placing an Autoship order, you authorize Aprilaire.com to charge the credit card you provided for subsequent Autoship orders until you cancel your Autoship order. Unless modified by you, the credit card you used to set up the initial Autoship order will be charged for subsequent orders. Subsequent orders will be charged the day the order is placed and forwarded to the warehouse for processing.
• If your credit card is declined at the time of Autoship order placement, your order will not be placed; you will be notified that your Autoship payment has failed and you will need to update your credit card information by calling Aprilaire Customer Service at (800) 334-6011. Once your payment information is corrected, your Autoship order will be processed.
• You may cancel your Autoship subscription by calling Aprilaire Customer Service at (800) 334-6011. You may modify or cancel your Autoship order at any time before the subsequent order is processed. Canceling an Autoship order will stop all future shipments of that order.
The assignee will contact Customer and deliver and install the product promptly after Customer places his/her order with Aprilaire, unless assignee is unable to communicate with Customer for reasons not within assignee’s control or if the Customer has scheduling problems. All work shall be done by the assignee in conformity with all applicable federal, state and local laws, ordinances and regulations, and shall be done in a neat, orderly and workmanlike manner conforming to the best practices in the trade for similar work. If any licensing or permits are required for such work to be completed, assignee shall be responsible for all legal compliance.
4. Limited Warranty:
Aprilaire will provide to Customer its standard consumer product limited warranty for the product purchased by Customer, which limited warranty is posted on Aprilaire’s website. Aprilaire will provide no other express warranty to Customer of any kind or nature. Aprilaire does not provide any warranty of installation of the product, and such warranty is provided by the assignee installer. The assignee installer shall provided a warranty of the installation workmanship to Customer providing that such workmanship is warranted for a period of ninety (90) days after installation, but such warranty may be limited to an obligation to repair or replace the installation and may exclude liability for incidental or consequential damages and liability for implied warranties (to the extent permitted by law.) Aprilaire shall have no obligation whatsoever with regard to the installing assignee’s workmanship warranty or any other warranty of assignee. TO THE EXTENT PERMITTED BY LAW, APRILAIRE HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND OR NATURE, INCLUDING IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR PURPOSE. APRILAIRE SHALL HAVE NO LIABILITY TO CUSTOMER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOST INCOME OR PROFITS. The provisions hereof shall be subject to all disclaimers, limitations or qualifications set forth in Aprilaire’s applicable consumer product warranty posted on its website, which are incorporated by reference herein and made a part hereof, including any provisions thereof required by the Magnuson-Moss Warranty Act or other applicable federal, state or local laws, ordinances or regulations. Customer acknowledges that he/she has read the applicable Aprilaire consumer product warranty incorporated by reference herein. Aprilaire warranties can be found at www.aprilaire.com.
5. Limitation on RP Liability:
RP’s obligations hereunder in the event of any breach hereof or breach of warranty shall be limited to the purchase price of the product involved, or to repair or replacement of the applicable product, at the option of Aprilaire, subject to the terms, provisions and limitations of the applicable Aprilaire consumer product warranty. Aprilaire shall have no other obligation to Customer hereunder.
To the extent allowed by law, in the event of a dispute between the parties hereunder, such dispute shall be resolved by binding arbitration pursuant to the rules of the American Arbitration Association, with all arbitrations to be conducted at Madison, Wisconsin.
7. Miscellaneous Provisions:
This Agreement shall be governed by and construed in accordance with the laws of the state of Wisconsin, without regard to conflict of laws rules. This Agreement is binding upon and shall inure to the benefit of the parties hereto, and their heirs, personal representatives, successors and assigns. This Agreement may not be modified without the written consent of Aprilaire. Aprilaire may freely assign its obligations hereunder without the consent of Customer. Customer may not assign his/her rights or obligations hereunder without the consent of Aprilaire. This Agreement and the documents referred to herein are a complete expression of the agreement between the parties. Notices required herein shall be deemed effective on the day after the notice is emailed or telecopied to, personally delivered to or mailed by first class mail or commercial overnight delivery service to, the recipient at his/her/its last known address.
Terms and Conditions:
Your access to and use of this web site (the “Site”) is subject to the following terms and conditions (“Terms and Conditions”). By accessing and using the Site you accept these Terms and Conditions without limitation.
The Site is owned and operated by Research Products Corporation (“RP”). The content of the Site, including, but not limited to, the text and images on the Site, (the “Content”) is the copyrighted property of RP and no portion to the Content may be used in any manner, or for any purpose, without RP’s express written permission. Without waiving any of the foregoing rights, you may download one copy of the Content for your personal, non-commercial use, provided you keep any copyright notices included in the Content on your copy. Any use of the Content without RP’s prior written permission is strictly prohibited.
It is RP’s policy to not accept unsolicited ideas, suggestions, materials, or other information. However, if you send to RP any such information, it shall immediately become the property of RP, with all right, title, and interest therein. RP shall be free to use any such information in any manner and for any purpose whatsoever, without permission from or compensation to you. RP shall not be liable for any use of such information.
The common law and registered trademarks displayed on the Site are owned or licensed by RP. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of the owner of the trademark. Any use of any trademark displayed on the Site without the prior written permission of the owner of the trademark is strictly prohibited.
Under no circumstances shall RP be liable for any loss, damage, or injury, including, but not limited to, special, exemplary, incidental, consequential, or punitive damages, resulting from or arising out of the use or inability to use the Site, whether based on warranty, contract, tort, or any other legal theory and whether or not RP or its agents or employees are advised of the possibility of such damages.
The Content on the Site may contain inaccuracies or typographical errors. RP makes no representations about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Site or the Content. Use of the Site and the Content is at your own risk. Changes are made to the Site and the Content and may be made at any time.
RP does not warrant that the Site will operate error-free or that the Site and its server are free of computer viruses and other harmful goods. If your use of the Site or the Content results in the need for servicing or replacing equipment or data, RP is not responsible for those costs.
The Site and Content are provided on an “as is” basis without any warranties of any kind, either express or implied. TO the fullest extent permitted by law, RP disclaims all warranties, including warranty of merchantability, non-infringement of third parties rights, and the warranty of fitness for a particular purpose. RP makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software text, graphics, or links.
RP reserves the right to change these Terms and Conditions without notice to any party. Any change to these Terms and Conditions shall be come effective upon posting of the revised Terms and Conditions to the Site. Use of the Site following any change constitutes your acceptance of the revised Terms and Conditions then in effect.
Choice of Law:
The use of the Site and any suit, action or proceeding arising out of the use of the Site shall be governed by the internal laws (as opposed to the conflicts of law provisions or rules) of the State of Wisconsin. The United States District Court for the Western District of Wisconsin and any court of the State of Wisconsin located in Madison, Wisconsin shall have exclusive jurisdiction over any suit, action or proceeding arising out of the use of the Site. By accessing and using the Site you waive any and all objections to jurisdiction that you may have under the laws of the State of Wisconsin or the United States of America.