Clock Forward (sometimes, “we” or “us”) has set forth below the terms and conditions that apply to the sale of products purchased through Clock Forward (“Products”). The agreement between Clock Forward and those that purchase Products from us (“Customers”) shall consist of: (a) these Terms and Conditions; (b) any terms specifically agreed to in writing by us in the order form, order confirmation and other ordering correspondence (including emails) (“Ordering Documents”), and; (c) any written material that may accompany delivered Products (collectively, the “Terms”). No other terms or conditions shall govern the sale of Products from us including: verbal agreements or general terms of the Customer. Deviation from the Terms requires our written approval.
1. Ordering and Delivery
(a) Clock Forward acts as a distributor of Products that are manufactured by third party clock makers (“Manufacturers”). Often, Products are custom made to order. Therefore, lead-times between our acceptance of orders for Products (“Orders”) and the delivery of the Products varies greatly.
(b) Clock Forward will provide Customers with notice of expected delivery dates and courier tracking information. We will relay changes to delivery dates that we receive from the Manufacturers, but Customers must check courier tracking on their own. Delivery dates are estimates only and we are not responsible for late delivery.
(c) Orders are not binding upon Clock Forward until they have been accepted in writing (email sufficient) by Clock Forward. We reserve the right to reject any Order. Once accepted by us in writing, Orders are binding upon Customers and non-cancellable and non-reschedulable unless otherwise agreed to by us in writing. Order rescheduling and cancellation is in the discretion of Clock Forward and will be determined on a case by case basis.
(d) Depending on the Manufacturer, (i) Clock Forward will ship Products to Customers from Clock Forward’s facilities in Charlotte, North Carolina or (ii) the Manufacturer will ship directly to Customers. These details will be set forth on the Ordering Documents. Unless otherwise agreed to by Clock Forward in the Ordering Documents, Customer is responsible to pay all shipping, customs, duties and insurance charges, which will be set forth as line items on the Ordering Documents or invoice. Details regarding shipping will also be set forth in the Ordering Documents. Clock Forward or the Manufacturer will select the carrier and method of shipment.
(e) Pricing for Products shall be set forth on the Ordering Documents. Prior to acceptance of an Order by Clock Forward, prices are subject to change without prior notice. Even after Order acceptance, certain Manufacturers reserve the right to increase pricing based on an increase in their costs, and Clock Forward reserves the right to pass such increases on to the Customer. Taxes are the responsibility of Customer and will be added to each invoice as a separate line item.
(f) Payment terms for Orders vary depending upon the Manufacturer and the Product purchased. Payment terms shall be agreed upon and set forth in the Ordering Documents. In all cases, full payment shall be required prior to delivery of the Products. Payment shall be made in US currency, via credit card, check, bank transfer, PayPal or bitcoin.
(g) Unless otherwise specifically agreed to by Clock Forward in writing, Customers may not purchase Products with the intention of distribution or resale.
2. Return and Warranty Policy
(a) Unless specifically agreed to by Clock Forward in writing, we do not accept returns of Products.
(b) Clock Forward is not the manufacturer of Products and does not warrant the Products. Customers must look to the Manufacturer to determine product warranty rights and the Manufacturers obligations with respect to each Product. Clock Forward will facilitate communications between a Manufacturer and Customer with respect to warranty claims. To meet short notice periods imposed by Manufacturers, Customer must inspect Products promptly upon receipt and provide Clock Forward with notice of shipping damage or deficiencies within one (1) day of receipt. Customer must provide Clock Forward with notice of latent defects or deficiencies within one (1) day of discovery. Customer will be required to: (a) provide reasonable descriptions and photographs supporting warranty claims, and; (b) ship Product back to Clock Forward or Manufacturer in original packaging and shipping containers.
(c) CLOCK FORWARD PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS.”
3. Limitation of Liability
(a) Unless otherwise required by law, THE ENTIRE LIABILITY OF CLOCK FORWARD, AND CUSTOMER’S EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE RELATED TO OR ARISING FROM THE PRODUCTS, WILL NOT EXCEED THE PRICE PAID BY THE CUSTOMER TO CLOCK FORWARD FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM OF DAMAGES.
(b) Unless otherwise required by law, IN NO EVENT WILL CLOCK FORWARD BE LIABILE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR THE ACTS OR OMISSIONS OF CUSTOMER OR ANY THIRD PARTY.
(c) NEITHER CLOCK FORWARD NOR THE MANUFACTURER SHALL BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE ARISING FROM INSTALLATION OF PRODUCTS, MISUSE, ABUSE, ACCIDENT OR OTHER EVENTS OUTSIDE OF THE CONTROL OF CLOCK FORWARD OR MANUFACTURER.
(a) Any failure or delay by either Customer or Clock Forward in exercising any right or remedy will not constitute a waiver.
(b) Transactions for Products, the Terms, and any dispute arising from the Products, will be governed by North Carolina law, and adjudicated in the state and federal courts located in Charlotte, North Carolina. The United Nations Convention on the International Sale of Goods shall not apply to any Product shipped by Clock Forward.
(c) Each provision herein is severable, and if one or more provisions are declared invalid, the remaining provisions will remain in full force and effect.
(d) Customer and Clock Forward may communicate by email, and any such email shall constitute “in writing” communications.
(e) Clock Forward is not responsible, and shall not have defaulted or breached these Terms, for any failure or delay in the performance caused by forces beyond Clock Forwards control or the control of the Manufacturers or other suppliers (“Force Majeure Events”). Force Majeure Events include, but are not limited to: acts of God, flood, fire, earthquake, explosion, governmental actions, work stoppages, accidents, acts of war or terrorism, civil disturbances, epidemics, pandemics, and loss or malfunctions of utilities, communications or computer (software and hardware) services.