ONLINE ORDERS TERMS AND CONDITIONS
THE INFORMATION CONTAINED IN THESE TERMS AND CONDITIONS DESCRIBE YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR PURCHASE OF ANY PRODUCT(S) OFFERED BY THE KNOX COMPANY THROUGH OUR WEBSITE(S) AND MOBILE APPLICATIONS (COLLECTIVELY OUR “SITES”). PLEASE REVIEW THESE TERMS IN THEIR ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION WITH THE KNOX COMPANY. YOU MAY NOT ORDER OR OBTAIN PRODUCTS AND RELATED SERVICES THROUGH OUR SITES UNLESS YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING OUR SITES, OR ANY OF ITS CONTENTS OR PRODUCTS BY ANY APPLICABLE LAW, RULE, OR REGULATION.
1. Applicability of Terms and Conditions: These terms and conditions (these “Terms”) apply to your purchase of products and related services through KnoxBox.com, KnoxHomeBox.com, Knox.com and our mobile applications (collectively the “Site”). These Terms are subject to change at any time without prior written notice by Knox Associates, Inc., d/b/a Knox Company, an Arizona corporation (“Knox,” “we,” “us,” or “our”). The most recent version of these Terms will be posted for your review on the Site and may be updated from time to time. Please review these Terms in their entirety before engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which will be dated as of their most recent update) will constitute your acceptance of and agreement to any changes.
2. Online Orders: All orders are subject to availability. When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our sole discretion. We will only accept or reject an order in its entirety. Should we elect to accept your order, you will receive a confirming email at the email address provided at the time of order. Notwithstanding, we reserve the right to cancel any order accepted by us (as evidenced by a confirming email) at any time in our sole discretion.
3. Payment Terms: All applicable prices are set forth alongside the products offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for paying the price(s) stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit card, debit card, use of a bona-fide electronic payment provider (i.e., PayPal), or electronic check. By using any such card or payment procedure, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
4. Shipping Information: It is our responsibility to ship your accepted order to you at the physical address provided when making the order. You will be responsible for all associated shipping and handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we will not be responsible for any delays in shipments. All Knox products are built to order. Therefore, standard processing time is 5 to 10 working days from receipt of order. Standard orders ship GROUND, which typically takes an additional 3 to 5 working days. RUSH service is available by selecting AIR shipment. (Next day AIR or 2nd-day AIR). All air shipments are considered RUSH orders. Typical RUSH orders ship within 48 hours. Larger RUSH orders (5 or more products) may take more than 48 hours to build. Unique department requirements may also result in order delays regardless of shipping preference. Please call Knox Customer Service at 800-566-9269 with questions regarding your order. Upon payment in full, title to the product passes to you, FOB our shipping dock.
5. Returns: We will honor the return or exchange of products within ninety (90) days of purchase, if the products have not been used, installed, or modified. Products that have been used, installed, or modified will not be accepted for return or exchange. In addition, all Knox key boxes, vaults, and cabinets must be returned in the original shipping box and packaging materials. Before shipping products or equipment for return or exchange, you must obtain a Return Authorization Number. Call 800-566-9269 for an authorization number. There will be a restocking charge for all products that are returned or exchanged. Restocking charges are as follows: The charge is 15% of each unit price of the products returned or exchanged. If you selected an incorrect Fire Department on your order, there is a $75 rekey fee plus shipping/handling and applicable taxes.
Your refund, if any, will be credited to the same payment method used to make the applicable purchase.
6. Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability:
a. Your R&Ws: You represent and warrant to us as follows: (i) that you have the right to enter into any transaction contemplated hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the products and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying products or services from the Site for solely your own use, and not for resale and/or export.
b. KNOX’S LIMITED WARRANTY: Subject to the terms below, we warrant to the original consumer user (Original User) of Knox® Mechanical Products that any Mechanical Product is free of defects in material and/or workmanship for as long as the Original User owns it.Knox warrants to the Original User of Knox® Electronic Products that any Electronic Product is free of defects in material and/or workmanship for a period of five (5) years from the date of original purchase.In the event of a defect in material or workmanship during the applicable warranty period, Knox will repair or replace, at its option, the product. This is the sole remedy available to the Original User, and the only obligation that Knox owes to the Original User in connection with this warranty. In order to obtain warranty service, the Original User must contact Customer Service at 800-566-9269 to obtain a return authorization number prior to sending the product to Knox’s service center in Phoenix, Arizona. The Original User must include sufficient information that shows they are the Original User of the product, the nature of the defect, contact and return shipping information for the Original User, and, in the case of an Electronic Product, information showing the date of original purchase. If the Original User has done so, Knox will repair or replace the product within ninety (90) days. If the product is found to be defective and repair or replacement is not possible, Knox will refund the original purchase price of the Original User upon proof of the purchase price. Knox will pay reasonable shipping costs for return surface transportation only. Any special handling, express or expedited service or different method of transportation will only be provided at the request and expense of the Original User. If the Original User cannot provide proof of its purchase price, Knox will refund the purchase price for that product as listed on Knox’s Site as of the original date of purchase.EXCLUSIONS. This limited warranty applies only at the location where the product was first installed and does not apply to any product that Knox determines, in its sole discretion, has been subjected to: (1) operating or environmental conditions in violation of Knox’s published specifications; (2) damage, misuse, or neglect; (3) improper installation, repair, modification, or alteration; or (4) use for which the product was not intended or designed. The warranty also excludes expendable items, such as lamps, fuses, or other parts which fail or must be replaced from normal use, and which shall be the responsibility of Original User. Knox warrants that products sold to the Original User will conform to the published specifications for the product on the date the product was shipped. Knox reserves the right to make changes to Knox products from time to time and has no obligation to alter products previously purchased to conform to the specifications of newer products. This warranty does not cover scratches or abrasions. Knox shall have no liability to pay any costs for repairs performed by anyone other than Knox or its designee, unless in each instance Knox has given written approval for such repair. Knox shall not be responsible for any costs incurred for the removal or reinstallation of products covered by this Limited Warranty. Any repairs undertaken by Knox for a Product still under warranty shall be free from defects in workmanship through the expiration of the original warranty period for such Product. Any repairs undertaken by Knox for Electronic Products which are outside of the warranty period, shall be free from defects in workmanship and will conform to Knox’s specifications for a period of 90 days. No repairs will be made to Electronic Products beyond 10 years from the date of purchase.
c. SOLE AND EXCLUSIVE REMEDY/LIABILITY CAP: This Limited Warranty is Knox’s only warranty for products. KNOX EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES OR REMEDIES—WHETHER EXPRESS, IMPLIED, OR STATUTORY—INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Knox also disclaims any implied warranty arising out of trade usage, course of dealing, or course of performance. Should the products be considered a consumer product as may be covered by the Magnusson-Moss Federal Warranty Act, please be advised that some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Under no circumstances will Knox be liable to Original User or anyone claiming through Original User for re-procurement costs, lost revenue or profits, loss of use, loss of data, or for any punitive, special, incidental, or consequential damages, even if they were foreseeable or Original User has informed Knox of their possibility; and Knox will not be liable for any damages claimed by Original User based upon any third-party claim(s). Knox’s total liability to Original User or anyone claiming through Original User for damages under these Terms will not exceed the price Original User paid to Knox for the product(s) at issue in Original User’s claim. This limitation will apply regardless of the form of action (i.e., whether the lawsuit is in contract or in tort, including negligence). Because some states do not allow exclusion or limitation of liability for consequential or incidental damages, in such states Knox’s entire liability is limited to the full extent permitted by law. If Original User must return a product for any reason, please contact the Knox Customer Service Department at 800-566-9269 for return procedures and shipping instructions.
8. Third Party Beneficiaries: These Terms are for your sole benefit and nothing herein, express, or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
9. Force Majeure: We will not be held responsible for delays or non-performance caused by activities or factors beyond our reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, epidemics, pandemics, adverse governmental conditions, and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.
10. Assignment: We may assign or otherwise transfer any or all of our rights or obligations hereunder, in whole or in part, to any third party in our sole discretion. You may not assign any of your rights or delegate any of your duties at any time without our prior written consent in each instance, and any attempt to do so will be null and void.
11. Partial Invalidity: If any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
12. Governing Law: These Terms are governed by and construed in accordance with the laws of the state of Arizona without resort to conflict of laws rules. Each party irrevocably agrees that any action, suit, or other legal proceeding against them shall be brought in a court of the State of Arizona or in the United States District Court for the State of Arizona. By acceptance of these Terms, you irrevocably submit to and accept the jurisdiction of each of such courts and waive any objection (including any objection to venue, enforcement, or grounds of forum non conveniens) which might be asserted against the bringing of any such action, suit, or other legal proceeding in such courts. In the event any proceedings are commenced to enforce or construe these Terms or in relation to any products ordered pursuant to these Terms, then the prevailing party in such proceedings will be entitled to recover its reasonable attorney fees thereby incurred. In the event a judgment is entered in such proceedings, it is agreed that said judgment will provide that the prevailing party will be entitled to recover all attorney fees reasonably incurred in enforcing said judgment.
13. Intellectual Property Ownership: You acknowledge that all right, title and interest in all patents, copyrights, trademarks, trade dress, trade secrets and other intellectual property embodied within, covering or in any way regarding our products is owned exclusively by Knox or its licensor(s), and all rights with regard to such intellectual property are reserved. You represent, warrant and covenant that you will not claim any right, title or interest in, or use, any such intellectual property, including any and all codes to keys, keyways and FDC Wrenches, all of which remain exclusively the property of Knox or its licensor(s), and that you will not bring any suit or proceeding in an attempt to invalidate or claim any such intellectual property rights.
14. No Waivers: Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
15. Notices: We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You will be responsible for ensuring that you have provided us with your current email and mailing address. You can contact us at any time by any of the following means: (i) email at: email@example.com; (ii) facsimile at: 623-687-2290; (iii) telephone at: 800-566-9269; or (ii) personal delivery, overnight courier, registered, or certified mail to: Knox Company, 1601 W. Deer Valley Road, Phoenix, AZ 85027.
16. Indemnification: You will indemnify and save Knox harmless from all claims, losses, damages, expenses (including reasonable legal fees) and liability resulting from or in any way connected, directly or indirectly, with a breach of your obligations under these Terms, third party claims, or with the possession, handling, sale or use of the products or any goods made from the products delivered hereunder.