TERMS & CONDITIONS | CURRENT PROMOTIONS
THE FOLLOWING TERMS & CONDITIONS APPLY TO PRODUCT AND SERVICE SALES DIRECTLY TO CUSTOMERS USING QUICKSTAND.HUMANSCALE.COM OR SALES AND CUSTOMER SUPPORT TEAM.
ACCEPTANCE OF THESE TERMS
By placing an order for products or services from this Website, or through Humanscale’s Sales and Customer Support Team (“Support Team”), you accept and are bound by these Terms and Conditions. You may not order or obtain Products or Services from this Website, or through Humanscale’s Support Team, if you (a) do not agree to these Terms and Conditions, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Humanscale Corporation, or (c) are prohibited from accessing or using this website or any of this website’s contents, goods, or services by applicable law.
These Terms are subject to change by Humanscale Corporation (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site.
ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Humanscale and you will not take place unless and until you have received your order confirmation e-mail.
If you place an order through Humanscale’s Support Team, you will receive an email with a link to these Terms and Conditions. You must review these Terms and Conditions following any telephone order. These Terms and Conditions will apply if you fail to timely cancel your order after receiving the email with the hyperlink to these Terms and Conditions. You have the option to cancel your order within 48 hours after submitting your order to us by emailing us at firstname.lastname@example.org or calling our Support Team at 1-800-400-0625.
PRICES AND PAYMENT TERMS
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include any applicable taxes and charges. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept American Express, Discover, Visa, and Mastercard, and also a PayPal online transaction for all purchases. You represent and warrant that (i) the credit card or PayPal information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or PayPal account for the purchase, (iii) charges incurred by you will be honored by your credit card company or PayPal account, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
SHIPPING AND DELIVERY
We will arrange for shipment of the product to you. If you are within the continental U.S. (which excludes Hawaii and Alaska), shipping is included in the purchase price. There will be an additional shipping charge for shipments to Hawaii and Alaska, as well as international shipments. Title and risk of loss pass to you upon our transfer of the product to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
To receive a full refund of the purchase price and any additional charges, you must request a refund/return in writing to us within 30 days following purchase of the product. Humanscale may accept returns beyond this 30-day period in its sole discretion. If you wish to return the product after 30 days of receiving it, any return will be subject to a 20% restocking fee based on the total order amount, there will be no refund for any service fees or other charges, and you must pay for shipping and handling for the return.
Prior to sending the product back to us, you must request a Return Authorization through our Support Team. You must return the product with freight prepaid to Humanscale to the original shipping point or as otherwise instructed by our Support Team. The returned product is considered to be in your possession until the carrier delivers the product to a Humanscale facility. If product is returned without a Return Authorization, Humanscale will notify you of the unauthorized return and you must provide instructions for its disposition within one week thereafter. Your failure to respond within one week will result in Humanscale’s right to dispose of the product with no credit. Return Authorizations expire sixty (60) days after the date of issue. If the returned product is not in resalable condition according to Humanscale’s sole discretion, you will not receive credit for the return.
In the event that the product packaging is damaged upon delivery by the courier, you must refuse to accept delivery from the carrier at the time of delivery. If this is not possible, you must contact our Support Team immediately.
Humanscale offers a 5 Year, 24/7 use warranty for QuickStand product. This warranty is available to you as the original end-user customer only and is non-transferable. For the warranty to be valid, the QuickStand product must have been purchased directly from Humanscale. Humanscale warrants that, at the time of your receipt, the product will be in good working order and will be free from defects in materials and workmanship for the duration of the warranty term, as set forth above. The warranty does not apply to normal wear and tear or damage caused by accident, unauthorized repair, neglect, product abuse, misuse and/or failure to follow instructions relating to the product’s installation or intended use, or external causes such as accidents, abuse, or other actions or events beyond Humanscale’s reasonable control. Humanscale will not be responsible for damage due to service, maintenance, modifications or tampering by anyone other than a Humanscale authorized representative or agent. Humanscale will not be responsible for injury or damage caused by or associated with the installation and/or use of products in any manner other than in strict conformance with the instructions set forth in its installation manuals and instruction sheets and/or product literature. The warranty does not cover alterations made by an owner. Humanscale does not warrant damages or defects to the products under the following conditions: an Act of God, damage from electrical power problems, usage of parts or components not supplied by Humanscale, failure to perform preventative maintenance, or damage caused by peripherals not supplied by Humanscale. Humanscale warrants the installation services purchased from the site within the warranty period will be performed in a workmanlike manner and in accordance with generally recognized industry standards for similar services.
In the event a product or product part is defective in material or workmanship during the warranty period, and Humanscale receives written notice of the defect within the warranty period through [email@example.com], Humanscale will determine with you if the defect is covered under warranty. Humanscale, at its option, may repair or replace the defective product or product part determined to be under warranty with the same or comparable product or product part as determined by Humanscale, at your location or at a designated Humanscale location. The shipping and labor costs associated with the repair of the product or product part may be the responsibility of Humanscale if the product or product part is determined to be covered under warranty. Humanscale must pre-approve the labor costs prior to the repair or replacement of warranty products or product parts. You must contact Humanscale to obtain a Return Authorization through the Humanscale Support Team. Performance of any repair or replacement does not renew or extend the warranty period. If, after examining and testing a returned product or product part, Humanscale determines that the product or product part is not defective, Humanscale will notify you and return the product or product part to you. You will be responsible for the freight charges associated with the return of non-defective products or product parts.
To return a product or product part for repair that is not covered by warranty, you must request a Return Authorization through our Support Team. You will bear the costs of labor and freight charges associated with non-warranty repair. You will be charged a standard repair fee, specific to the product, for any product that is repaired outside of the warranty period. Repairs on products out of warranty also carry a 90-day warranty, effective the day that you receive the repaired product or product part. For products that are not covered under warranty: you may upgrade to a newer, functionally equivalent product at the list price; the product or product part will be returned to you; or you can request in writing that Humanscale dispose of the product or product part on your behalf, in which case a fee may apply as designated by local law.
HUMANSCALE’S RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, AND ALL OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Humanscale does not warrant that your use of the Humanscale product will be uninterrupted or error free. Any implied warranties that may be imposed by law are limited in duration to the Limited Warranty period, to the greatest extent allowed by law. Some states or countries do not allow a limitation on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages for consumer products. In such states or countries, some exclusions or limitations of this Limited Warranty may not apply. This Limited Warranty is subject to change without notification.
LIMITATION OF LIABILITY
Your remedies set forth herein are your sole and exclusive remedies, and the liability of Humanscale with respect to the breach of this agreement or any contract entered into between the parties pursuant hereto shall not exceed the price or service of the product or part on which such liability is based. In no event will Humanscale be liable to you for any special, punitive, collateral, loss of production, work, data, use, business, goodwill, reputation, revenue or profit, any diminution in value, costs of replacement goods or services, or any incidental or consequential damages or losses however caused, whether by Humanscale’s negligence or otherwise, whether direct or indirect. The remedies provided above are the purchaser’s sole remedies for any failure of Humanscale to comply with its obligations regarding the workmanship of its products. Correction of any nonconformity in the manner and for the period of time provided shall constitute complete fulfillment of all liabilities of Humanscale, with respect to or arising out of the product furnished hereunder. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THIRD-PARTY INSTALLATION AND ASSUMPTION OF RISK FOR SELF-INSTALLATION
Humanscale will offer a third-party professional installer to ensure that your Product is properly installed. The charges for this installation start at $250.00. If you wish to cancel the installation for any reason, you must do so within 48 hours following your purchase. This price may increase depending on your geographic location. Our third-party agent may reach out to you directly and determine the exact pricing for the installation, which you will need to agree to in advance of the installation. The third-party professional installer will set up the QuickStand product for you, but they will not connect your monitor or keyboard or otherwise install any of your hardware onto the QuickStand unit. That will be your responsibility.
IF YOU CHOOSE TO INSTALL YOUR QUICKSTAND PRODUCT ON YOUR OWN, YOU HEREBY ASSUME ANY AND ALL RISK ASSOCIATED WITH THAT INSTALLATION, AND HEREBY WAIVE ANY AND ALL CLAIMS THAT YOU MAY HAVE AGAINST HUMANSCALE. YOU SHOULD CONSULT THE INSTALLATION MANUALS AND FAQ’S FOR THE QUICKSTAND PRODUCT WHEN INSTALLING YOUR QUICKSTAND. FAILURE TO ABIDE BY THE INSTRUCTIONS AND INFORMATION IN THESE MATERIALS MAY RESULT IN INJURY TO YOURSELF OR OTHERS.
ARBITRATION AND DISPUTE RESOLUTION
YOU AND HUMANSCALE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid.
The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR HUMANSCALE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
GOODS NOT FOR RESALE OR EXPORT
You agree to comply with all applicable laws and regulations of the various states and of the United States, including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").
IP USE AND OWNERSHIP
You acknowledge and agree that:
Humanscale has proprietary rights in the QuickStand product and the associated documentation supplied to you with the product. You may not reverse engineer the product, and make not make any copies of the supporting documentation accompanying the product. You will not cause, induce or permit others' noncompliance with the terms and conditions here.
Humanscale will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
GOVERNING LAW AND JURISDICITION
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York. ASSIGNMENT You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Humanscale Corporation.
NO THIRD-PARTY BENEIFICIARES
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to [303-585-1426] with a copy to firstname.lastname@example.org; or (ii) by personal delivery, overnight courier or registered or certified mail to 5675 DTC Blvd, Suite 100, Greenwood Village, CO 80111. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.