ARC, Inc. Terms and Conditions
Use of the Website—By accessing the ARC, Inc. website, you warrant and represent to the website owner that you are legally entitled to do so and to make use of information made available via the website.
Trademarks and Copyrights—The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner or the manufacturers of the products shown on this site. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner or the manufacturers. Further, all photos and text are copyrighted, and remain the property of the website owner or the manufacturers. These materials are not available for any use or reproduction without the written consent of the website owner.
External links—External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.
Warranties—The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.
Disclaimer of liability—The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Conflict of terms—If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Severability—Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Applicable laws—Use of this website shall in all respects be governed by the laws of the state of Wisconsin, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Wisconsin courts located in Clark county, Wisconsin, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
Accuracy—ARC, Inc. works diligently to ensure that information and prices are accurate and up to date. Still, errors do occur, and we apologize for any inconvenience they may cause. Pictorial and typographical errors are subject to correction at the time an order is placed or processed, and prices are subject to change. ARC, Inc. reserves the right to decline acceptance of an order arising from such errors or changes, in which case the customer will receive a full refund of the purchase amount, and the customer agrees that the liability of ARC, Inc. will be limited to $1.00 in such an event. Responsibility for understanding a product’s proper application, use, and compliance with local building codes, is solely that of the buyer. Omission of information or misinterpretation of information does not constitute grounds for any kind of credit, reimbursement, return, exchange, discount, or any other entitlement.
Hours of Operation—ARC, Inc. is open for business Monday-Friday, 8:00 am to 5:00 pm Central Time, US, except for the usual holidays.
Ordering—ARC, Inc. is an importer and distributor of quality accessibility products for the construction industry. Our customers are primarily wholesalers, dealers, and professional installers. Customers having an account in good standing with ARC, Inc. may request an access code for ordering through the secure Dealer-only areas. All orders placed through the website are payable in US dollars. Payments are made at the time of ordering using a valid credit card. If a product is on back order, your credit card will not be charged for that item until it is shipped. By accepting and confirming an order, website customers agree, with legal effect, to pay for the goods within the Terms and Conditions of the ARC, Inc. website and with the following:
I hereby authorize ARC, Inc. to charge this credit card. I guarantee payment to
the issuer of this credit card, and release ARC, Inc. from any and all liability for
collection of any amount owed. I understand that this authorization is non-cancelable.
All decisions in respect to the execution or continuation of this Agreement shall
be at the discretion of the seller. If suit or action is instituted, buyer promises
to pay reasonable attorney fees and cost of suit. All sales will be deemed to have
taken place. This Agreement shall be governed by and construed according to
the laws of the State of Wisconsin without giving effect to any choice of law or
conflict of law rules or provisions.
Sales tax will be applied to orders originating in or delivered within the state of Wisconsin, USA unless proper documentation is on file at ARC, Inc. exempting the purchaser from paying such taxes. Orders destined for Canadian delivery may be subject to import duties, tariffs, and brokerage fees, payment of which is the responsibility of the buyer.
ARC, Inc. will not accept orders originating from or destined for locations outside the USA and Canada.
Guests—those visitors to the website who do not have an account—may use this website for information purposes. Guests can find out how to order or find a local source of supply by calling ARC, Inc. at 1-715-743-2771 during regular business hours.
Fraudulent Orders—ARC, Inc. will report fraudulent activities and fraudulent orders to law enforcement authorities.
Professional Pricing—Discounts to building professionals and wholesale suppliers located in the ARC, Inc. territory are available through the ARC Leadership Program. Discounts are premised on inventory purchases and annual purchasing commitments. To have the ARC Leadership Program emailed to you, please call the ARC, Inc. office during regular business hours—1-715-743-2771.
Dealer Access—Certain areas of this website are available exclusively to Dealers. Dealers with accounts in good standing may request an access code and the privilege of accessing Dealer-only areas. Misrepresenting oneself as a dealer to gain access to Dealer-only areas, or dealers that abuse this privilege, will be banned from using this website and may lose their buying privileges altogether.
Returns—All returns require a return authorization number. To request a return authorization number, call the ARC, Inc. office at 1-715-743-2771 during regular business hours. Customers are responsible for arranging return shipping and paying for this expense. The original shipping expense will not be refunded. Returned items must be in resalable condition to warrant an exchange or refund. A 20% restocking charge will apply to all returns.
Warranties—Products stocked by ARC, Inc. are typically covered by a manufacturer’s warranty. ARC, Inc. may help facilitate a warranty claim and may operate as a manufacturer’s proxy during an investigation of a warranty claim, however, determining a final resolution on a warranty claim is a manufacturer’s responsibility. ARC, Inc. disclaims responsibility for decisions manufacturers make regarding warranties.
Shipping—Small orders are usually shipped within two business days following receipt of an order, unless a product is not in stock. Larger orders take longer to palletize and ship. ARC, Inc. uses a variety of shipping methods to deliver products to customers. Depending on the product mix, time sensitivity of a delivery, total weight and dimensions of a shipment, delivery location, and other factors, the appropriate delivery method will be determined by ARC, Inc. For orders shipped by UPS and FedEx, ARC, Inc. will provide a tracking number that allows customers to track their shipments. For orders shipped by common carrier, ARC, Inc. will provide a PRO number and an anticipated arrival date, though the actual arrival date is entirely beyond our control. In the event that a shipment fails to reach a destination in a reasonable amount of time, please contact ARC, Inc. for assistance. Shipping charges will apply and be added to invoices.
Special Shipping Considerations—Nearly all products sold by ARC, Inc. pose no shipping concerns. Waterproofing membrane, however, may freeze during shipment. The product, according to the manufacturer, will continue to perform optimally following two freeze-thaw cycles. Beyond that, the manufacturer states that performance may be affected. Please keep this in mind when ordering waterproofing membrane from ARC, Inc., as during shipment products are out of our control and may be exposed to freezing conditions. ARC, Inc. shall not be responsible for and disclaims all liability for any loss, liability, or damage for waterproofing products that freeze during shipment or when stored by the buyer.
