Terms & Conditions
Terms & Conditions
General
1 In these Conditions:
(a) “Company” means Express Alert Systems LLC, with its principal office at 92 RHL Blvd, South Charleston, West Virginia 25309, United States;
(b) “Customer” means any individual or business placing an order for Goods from the Company;
(c) “Goods” means all physical products provided by the Company through its Website or Mobile App for personal or internal business use;
(d) Section headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
1.2 Unless otherwise agreed by the Company in writing, all sales and deliveries are made solely under these Conditions. Any Customer-supplied terms, additional warranties, or representations not expressly stated within these Conditions or in the Company’s formal order acceptance shall be excluded.
1.3 Any advice or recommendations given by the Company or its representatives relating to the storage, application, or use of Goods shall not constitute any warranty unless confirmed in writing by an authorized Company officer. Such advice is followed at the Customer’s own risk.
1.4 The Customer’s order constitutes an offer to purchase Goods under these Conditions. The Company’s acceptance of an order is effective only when issued in writing, at which point a contract between the Company and the Customer shall come into existence.
1.5 Quotations provided by the Company shall remain valid for 30 calendar days from the date of issue, unless otherwise specified.
1.6 No waiver by the Company of any breach by the Customer shall be considered a waiver of any subsequent breach.
1.7 No representative or agent of the Company has authority to alter these Conditions unless expressly authorized in writing by a Company Director.
1.8 These Conditions are governed by the laws of the United States, and disputes are to be resolved under the jurisdiction of the courts of West Virginia, County of Kanawha.
1.9 The Company may subcontract or outsource the production or fulfillment of Goods without prior notice to the Customer.
1.10 The Customer and the Company shall attempt in good faith to resolve any dispute arising under these Conditions through informal negotiation, followed by binding arbitration if necessary.
1.11 Notices served by post, fax, or email to the Customer’s last known address shall be deemed served when delivered in the normal course of transmission.
1.12 The Company reserves the right to correct any clerical or typographical errors in any sales document without incurring any liability.
1.13 The Customer is responsible for ensuring that all order details, including specifications and delivery instructions, are accurate and provided in sufficient time to enable proper fulfillment.
1.14 The Platform and Goods are intended for use only by individuals who are eighteen (18) years of age or older. By placing an order or accessing the Platform, the Customer represents and warrants that they are at least eighteen (18) years old.
Delivery
2.1 Delivery shall occur at the time and place specified in the Customer’s order, using a delivery method selected at the Company’s sole discretion.
2.2 The Company will make reasonable efforts to deliver Goods on the agreed date but shall not be liable for any delay. Delivery dates are estimates only and time shall not be of the essence.
2.3 The Customer shall be responsible for all packaging and shipping costs unless otherwise agreed in writing.
2.4 If the Customer fails to accept delivery when tendered, the Company may store the Goods at the Customer’s cost and risk without prejudice to other remedies.
2.5 In the event of Goods lost or damaged during shipment arranged by the Company, the Company may, at its discretion, replace, repair, or credit such Goods, provided the Customer notifies the Company within a reasonable time.
2.6 Any discrepancy between the delivery and the dispatch note must be reported within 7 days of receipt. Failure to report will void the Customer’s right to dispute the delivery.
2.7 Delivery shortages or overages of up to 5% shall be deemed acceptable and shall not entitle the Customer to reject Goods or claim damages.
Certainly! I’ll continue fully from where we paused, following the same detailed style as Lascar Electronics’ reference, making it descriptive and professional.
Prices
4.1 All prices quoted are net prices in U.S. Dollars and exclude shipping charges, insurance, applicable taxes, duties, or other governmental levies, unless explicitly stated otherwise in the order confirmation or quotation.
4.2 The Company reserves the right to revise quoted prices at any time prior to acceptance of an order to reflect any increases in the cost of raw materials, labor, transport, or currency fluctuations, or any other costs beyond the Company’s control.
4.3 All prices quoted are based on the quantities and delivery schedules stated. If the Customer requests changes in quantities, specifications, or delivery schedules, the Company reserves the right to adjust the prices accordingly.
4.4 Prices are stated exclusive of applicable sales tax, which shall be added at the prevailing rate at the time of invoicing.
4.5 If at any time prior to delivery there is an increase in the cost to the Company of supplying the Goods which is beyond the Company’s reasonable control, including but not limited to increases in supplier prices, taxes, or shipping costs, the Company reserves the right to adjust the price accordingly, and the Customer shall be liable to pay such adjusted price.
Perfect — here’s the fully detailed continuation, matching the style and depth of the Lascar Electronics reference you provided.
Payment and Interest
5.1 Unless otherwise expressly agreed in writing by the Company, payment for the Goods shall be made at the time of placing the order via PayPal. Payment is required in U.S. Dollars.
5.2 Time for payment shall be of the essence. If the Customer fails to make payment on the due date, the Company reserves the right, without prejudice to any other rights or remedies, to:
- (a) Suspend further deliveries to the Customer under any contract;
- (b) Require advance payment for any future deliveries;
- (c) Terminate any outstanding orders with the Customer without liability; and
- (d) Charge the Customer interest at a rate of 4% per annum above the prevailing prime lending rate published by the U.S. Federal Reserve, accruing daily from the due date until the date of actual payment.
5.3 The Customer shall pay all amounts due without any deduction, withholding, or set-off, whether in respect of any counterclaim or otherwise.
5.4 If the Customer defaults on payment, they shall indemnify the Company against all costs and expenses (including legal fees on a full indemnity basis) incurred by the Company in recovering the debt and enforcing its rights.
5.5 The Company retains the right to cancel or refuse any orders if it reasonably believes that payment may be delayed or not made.
Title to Goods
6.1 Legal and beneficial title to the Goods shall not pass to the Customer until the Company has received full payment in cleared funds for all Goods supplied to the Customer under this or any other contract.
6.2 Until such time as full payment is made:
- (a) The Customer shall hold the Goods as the Company’s fiduciary agent and bailee;
- (b) The Goods must be kept separate from the Customer’s own Goods and those of third parties, properly stored, protected, insured, and clearly identified as the Company’s property;
- (c) The Customer shall not pledge or charge the Goods by way of security for any indebtedness, and if the Customer does so, all monies owing to the Company shall become immediately due and payable.
6.3 The Customer may resell the Goods in the ordinary course of its business before ownership has passed, provided that any sale is made on the Customer’s own behalf as principal and not as the Company’s agent. The Customer must hold the proceeds of such sale in trust for the Company and maintain them in a separate bank account.
6.4 The Company reserves the right, at any time before title passes and without notice, to require the Customer to deliver up the Goods to the Company, and if the Customer fails to do so, the Company may enter any premises owned, occupied, or controlled by the Customer to recover the Goods.
6.5 Risk of loss or damage to the Goods passes to the Customer at the time of delivery, regardless of whether title has passed.
6.6 In the event the Goods are mixed or incorporated into other products or materials, the resulting products shall be held in trust for the Company until full payment is received, and the Company retains proprietary rights over such resulting products to the extent of the value of the original Goods.
6.7 The Customer shall fully indemnify the Company against any loss, liability, or cost arising from any breach of this Section, including any third-party claims.
Returns and Refunds
7.1 The Company’s Return Policy forms an integral part of these Conditions and is available for review on the Platform. Customers are advised to review the Return Policy carefully before placing any orders.
7.2 Unless required by applicable law, electronic devices sold by the Company are not eligible for return, refund, or exchange. All sales of electronic devices are considered final.
7.3 Any Goods eligible for return under the Return Policy must be:
- (a) Returned unused, in their original packaging, and in a resaleable condition;
- (b) Accompanied by the original invoice or proof of purchase;
- (c) Returned at the Customer’s cost unless the Goods are found to be defective under Section 8.
7.4 No Goods shall be accepted for return without the prior written authorization of the Company. Unauthorized returns may be refused delivery and returned to the Customer at their expense.
7.5 If the Company authorizes a return, refunds (where applicable) will be processed only after the Goods are inspected and confirmed to meet the conditions stated in the Return Policy. Refunds shall be made via the original payment method unless otherwise agreed.
7.6 The Customer bears the risk of loss or damage during the return shipment. The Company recommends that the Customer use a traceable shipping method and purchase insurance for the shipment.
7.7 The Company reserves the right to deduct reasonable restocking fees from the refund amount where applicable, as stated in the Return Policy.
7.8 No refund will be provided for Goods returned damaged, used, or incomplete unless the damage is proven to have occurred prior to delivery to the Customer.
7.9 All refund claims must be made within the timeframes stipulated in the Return Policy. Claims submitted after these periods will not be considered.
Warranty Against Defects
8.1 Subject to the conditions set out below, the Company warrants that the Goods will correspond with their specification and will be free from material defects in material and workmanship under normal use for a period of 12 months from the date of delivery.
8.2 This warranty is given subject to the following conditions:
- (a) The Company shall be under no liability in respect of any defect arising from willful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse, unauthorized alterations, or repair of the Goods;
- (b) The Company shall be under no liability if the Customer continues to use the Goods after giving notice of a defect;
- (c) The Company shall not be liable for defects arising from materials or specifications supplied by the Customer.
8.3 Any claim by the Customer based on a defect must be notified to the Company in writing within:
- (a) 30 days after discovery of the defect; or
- (b) 12 months from the delivery date, whichever is earlier.
8.4 Upon receiving notice of a defect, the Company may, at its sole option:
- (a) Repair the defective Goods;
- (b) Replace the defective Goods; or
- (c) Refund the purchase price of the defective Goods.
8.5 Goods alleged to be defective must be returned to the Company, carriage prepaid, for inspection. If after examination the Company agrees that the Goods are defective, the Company will reimburse the return shipping costs to the Customer.
8.6 In respect of Goods or parts not manufactured by the Company, the Customer shall be entitled only to such benefits as the Company may receive under any warranty or guarantee given by the original manufacturer.
8.7 This warranty shall not apply to consumable parts, nor shall it apply to any products that are damaged due to accident, abuse, misuse, natural disasters, or unauthorized alteration or repair.
8.8 The remedies provided under this warranty shall be the Customer’s sole and exclusive remedies and shall be in lieu of all other warranties, conditions, and obligations, whether express or implied by statute, common law, or otherwise.
User Contributions and Reviews
9.1 The Platform does not permit Customers or users to upload, submit, post, or transmit any content, including but not limited to comments, reviews, photos, articles, audio, or videos.
9.2 Customers are prohibited from posting any reviews, testimonials, or feedback regarding the Goods or the Company on the Platform itself.
9.3 Any attempt to submit unauthorized content will constitute a breach of these Terms, and the Company reserves the right to take all actions deemed necessary, including blocking access, terminating transactions, or pursuing legal remedies.
9.4 The Company shall not be held responsible for any content posted by third parties on external websites or platforms outside the control of the Company.
9.5 Customers agree not to engage in any activity that could harm the integrity, security, or functionality of the Platform by attempting to post prohibited material.
Third-Party Websites
10.1 The Platform may contain links to third-party websites that are not owned, operated, or controlled by the Company. These links are provided solely for the convenience of the Customer.
10.2 The Company does not endorse or assume any responsibility for the content, products, services, privacy policies, or practices of any third-party websites.
10.3 Customers access third-party websites at their own risk. The Company shall not be liable for any loss or damage that may arise from the Customer’s use of third-party websites.
10.4 Customers are advised to read the terms and conditions and privacy policies of any third-party websites they visit.
10.5 The inclusion of a link to a third-party website does not imply that the Company is affiliated with, endorses, or sponsors the third party or their activities.
10.6 The Platform does not host, endorse, or display third-party advertisements. No paid advertisements or promotional content from external third parties shall be published or permitted on the Platform.
Marketing and Promotional Communications
11.1 By providing contact information to the Company, including a phone number and/or email address, the Customer consents to receive marketing and promotional communications from the Company via SMS text messages and/or email.
11.2 SMS text messages may include information about new product launches, special offers, promotional campaigns, updates, or other marketing communications relevant to the Customer’s interests.
11.3 Standard message and data rates may apply to any SMS messages sent or received, depending on the Customer’s mobile service plan.
11.4 Customers may opt out of receiving marketing communications at any time by following the unsubscribe instructions provided in the communication or by contacting the Company directly at support@express-alert.com.
11.5 Even after opting out of marketing communications, Customers may still receive important service-related communications, such as order confirmations, delivery updates, or policy changes.
11.6 The Company will manage Customer contact information in accordance with its Privacy Policy, which governs the collection, use, and disclosure of personal data.
Dispute Resolution
12.1 In the event of any dispute, controversy, or claim arising out of or relating to these Conditions, the sale of Goods, or the use of the Platform, the Customer and the Company agree to first attempt to resolve the dispute through good faith informal negotiations.
12.2 Either party may initiate informal negotiations by providing written notice to the other party, describing the nature and basis of the dispute and the relief sought. Both parties agree to meet or communicate in good faith to attempt resolution within thirty (30) calendar days from the date of the notice.
12.3 If the dispute is not resolved through informal negotiation within the thirty (30) day period, either party may then submit the dispute to final and binding arbitration.
12.4 Arbitration shall be administered in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed arbitration body. The arbitration shall take place in Kanawha County, West Virginia, United States.
12.5 The Company agrees to pay the administrative costs of the arbitration, including the arbitrator’s fees, provided that such costs are not deemed excessive. Each party shall otherwise bear its own costs, including attorney’s fees.
12.6 The arbitration shall be conducted by a single arbitrator knowledgeable in commercial transactions, and judgment on the arbitration award may be entered in any court having jurisdiction.
12.7 The Customer must file any claim or dispute arising out of the sale of Goods or use of the Platform within one (1) year after the cause of action arose. Failure to file within this period shall result in the claim being permanently barred.
12.8 Notwithstanding the foregoing, the Company retains the right to bring legal action against the Customer to collect any unpaid debts owed under these Conditions in any court of competent jurisdiction.
Limitation of Liability
13.1 Nothing in these Conditions shall exclude or limit the Company’s liability for:
- (a) Death or personal injury caused by the Company’s negligence;
- (b) Fraud or fraudulent misrepresentation;
- (c) Any other liability which cannot be excluded or limited under applicable law.
13.2 Subject to Clause 13.1, the Company shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
- (a) Any indirect, incidental, special, or consequential damages;
- (b) Loss of profits, revenue, sales, data, goodwill, or savings, whether direct or indirect;
- (c) Any costs of procuring substitute Goods or services.
13.3 The Company’s total liability to the Customer for any claim arising out of or relating to the sale of Goods, use of the Platform, or breach of these Conditions shall be strictly limited to the amount paid by the Customer to the Company for the specific Goods giving rise to the claim.
13.4 The Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, except as expressly set out in Section 8 (Warranty Against Defects).
13.5 The Customer agrees that the limitations and exclusions of liability in these Conditions are reasonable and were a material inducement to the Company in entering into the contract for the sale of Goods.
13.6 The Customer acknowledges that the Goods are purchased for personal or internal business use only and not for resale, and therefore the limitations of liability herein are
Force Majeure
14.1 The Company shall not be liable to the Customer or be deemed to be in breach of contract for any delay in performing, or failure to perform, any of its obligations under these Conditions if the delay or failure was due to any cause beyond the Company’s reasonable control (“Force Majeure Event”).
14.2 Without limitation, the following shall be regarded as Force Majeure Events:
- (a) Acts of God, natural disasters, storms, floods, earthquakes, or pandemics;
- (b) Acts of terrorism, armed conflict, war (whether declared or undeclared), or civil unrest;
- (c) Labor disputes, strikes, lockouts, or industrial action;
- (d) Governmental orders, laws, regulations, sanctions, or embargoes;
- (e) Failure of suppliers, transportation, telecommunications, or utilities beyond the Company’s control.
14.3 In the event of a Force Majeure Event, the Company’s obligations shall be suspended for the duration of the event, and the Company shall be granted an extension of time for performance equal to the period of delay.
14.4 If a Force Majeure Event prevents the Company from fulfilling its obligations for more than ninety (90) consecutive days, either party may terminate the affected order or contract without liability to the other party, except for payment obligations already incurred.
Governing Law and Jurisdiction
15.1 These Conditions, and any dispute or claim arising out of or in connection with them or their subject matter, formation, or interpretation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the United States.
15.2 The parties irrevocably agree that the venue for any arbitration or court proceedings arising from these Conditions shall be Kanawha County, West Virginia, United States.
15.3 The Customer and the Company waive any right to object to the jurisdiction of such courts on grounds of inconvenient forum or otherwise.
15.4 Each party agrees that a judgment issued by the arbitrator or court may be enforced in any court of competent jurisdiction.
Updates to Legal Terms
16.1 The Company reserves the right to revise, amend, or update these Terms and Conditions at its sole discretion without specific prior notice to the Customer.
16.2 Any changes will take effect immediately upon posting the revised Terms on the Platform. The date of the latest revision will always be indicated at the top of the page.
16.3 The Customer’s continued use of the Platform or purchase of Goods after such changes have been made shall constitute acceptance of the updated Terms.
16.4 It is the Customer’s responsibility to review the Terms periodically to ensure awareness of any modifications.
Contact Information
If you have any questions, concerns, or inquiries regarding these Terms and Conditions, please contact us using the details below:
Express Alert Systems LLC
92 RHL Blvd
South Charleston, West Virginia 25309
United States
Email: support@express-alert.com
Phone: 304-539-9594