TERMS AND CONDITIONS - READ BEFORE MAKING PURCHASE:
These Terms and Conditions were last updated on 8/5/21.
Welcome, and thank you for your interest in StrapWing, (collectively www.strapwing.com, STRAPWING.COM, STRAPWING, StrapWing, Chadwell Aerodynamics LLC). These Terms and Conditions reflect a legally binding contract between you and StrapWing.
By placing an order for any products offered through www.strapwing.com or Amazon, you agree to be bound by these Terms. You should print a copy of these Terms and Conditions for future reference.
These Terms and Conditions provide that all disputes between you and STRAPWING.COM will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action.
Quotes are valid for 30 Days.
Payment to be made in full in advance via wire transfer, Paypal, or credit card in order for product to ship.
Duty, tax, and bank transfer fees are obligation of buyer.
Limitation of Liability:
UNDER NO CIRCUMSTANCES SHALL STRAPWING OR ITS OFFCIALS, REPRESENTATIVES, EMPLOYEES AGENTS OR AFFILIATES BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, OR FOR ANY LOST REVENUES, LOST PROFITS OR LOSS OF BUSINESS REGARDLESS OF THE CAUSE AND WHETHER OR NOT FORESEEABLE.
You agree to hold harmless and indemnify STRAPWING.COM, its officials, representatives, employees, agents or affiliates from and against any third party claim arising from or in any way related to your use of STRAPWING.COM products, including any liability, damages or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
Customers must report accidental shipping damage or damage to packaging within 48 hours of product receipt.
Lift gate fees are the obligation of the purchaser.
All products may be returned within 30 days of receipt of the item.
Items that are returned within 15 days of receipt in unused condition shall be subject to a full refund.
If the item is returned within days 16 through 30 or in used condition, there will be a 20% restocking fee deducted from the refund.
All Final Sale merchandise cannot be returned.
If items are not properly packaged for return following STRAPWING.COM’s return packaging instructions, then a refund will not be issued if the goods are damaged during return.
This limited warranty applies to STRAPWING.COM products sold in North America only. Please keep the original purchase invoice for future service requests.
STRAPWING.COM warrants products to be free from defects in materials and workmanship for a period of 3 months. If the product fails during normal and proper use within the warranty period STRAPWING.COM will, subject to exclusions and at its discretion, repair or replace the product or components.
Any products and or components repaired or replaced by STRAPWING.COM will be under warranty for the remaining period of warranty or for no less than 3 months.
If you have any related technical problems when using your Product, we suggest you check the manual or support web site to carry out preliminary troubleshooting. Otherwise, you may email the dedicated support email found on our website for the life of the product. Our support team is available free of charge to all customers, regardless of the warranty.
Phone support is available on a first come/first serve basis after sending an email to email@example.com detailing your issues. You will need a support ticket number for phone support. Email tickets may be answered more quickly than returning calls from voicemail.
Information has been carefully checked and is believed to be accurate; however, no responsibility is assumed for inaccuracies. STRAPWING.COM reserves the right to make changes without further notice to any products to improve reliability, function, or design. STRAPWING.COM does not assume any liability arising out of the application or use of any of its products; neither does it convey any license under its patent rights of others.
READ INSTRUCTIONS : All the safety and operating instructions should be read before the product is used.
RETAIN INSTRUCTIONS : The safety and operating instructions should be retained for future reference.
HEED WARNINGS : All warnings on the product and in the operating instructions should be adhered to.
FOLLOW INSTRUCTIONS : All operating and use instructions should be followed.
Limitations of Liability:
If the product fails during normal and proper use within the warranty period, STRAPWING.COM will, at its discretion, repair or replace the defective parts within the product, or the product itself, with items that are functionally equivalent to that as originally supplied, or better, during the warranty period defined for the model, using new or refurbished parts or units.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND STRAPWING.COM SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
IF THIS PRODUCT FAILS TO WORK AS WARRANTED ABOVE, THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND STRAPWING.COM’S SOLE LIABILITY SHALL BE REPAIR OR REPLACEMENT. STRAPWING.COM’S MAXIMUM LIABILITY UNDER THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT OR THE COST OF REPAIR OR REPLACEMENT OF ANY COMPONENTS THAT MALFUNCTION UNDER NORMAL USE. ALL STRAPWING.COM WARRANTY TERMS AND AGREEMENTS ARE NON-TRANSFERABLE AND ONLY APPLY TO THE ORIGINAL UNIT AND ORIGINAL PURCHASER. STRAPWING.COM IS NOT LIABLE FOR A CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY.
Exclusions from this Limited Warranty Service:
STRAPWING.COM does not warrant uninterrupted or error-free operation of this product. Any technical or other support provided for the product under warranty, such as assistance via email with “how-to” questions and those regarding product setup and information will be provided without warranties of any kind.
The warranty only covers failures or malfunctions that occur during the warranty period and under normal use conditions as well as any material or workmanship defect.
The warranty will not apply to or be valid under conditions including but not limited to the following:
a) The serial or part number of the STRAPWING.COM product, components or accessories has been altered, cancelled, removed, or otherwise not valid as identified by STRAPWING.COM; b) You have failed to follow all return materials authorization (“RMA”) instructions provided to you by STRAPWING.COM.
We warrant the STRAPWING against defects in materials and workmanship under ordinary use for 90 days from the date of receipt.
This limited warranty applies only to hardware components of the STRAPWING that are not subject to accident, misuse, neglect, fire or other external causes, unauthorized use, alterations, or repair, installation or enabling of unauthorized accessories, unauthorized alterations to the STRAPWING or unauthorized resale.
If we elect to do a replacement of your device, we will place the cost of the device (the then prevailing MSRP plus tax) hold on your credit card. We will charge the full retail price of the replacement device if we do not receive your original device within 21 days of delivering your new device.
ALWAYS FOLLOW SAFETY INSTRUCTIONS AND GUIDELINES FOR D.O.T. LOAD SECUREMENT BEFORE INSTALLINGS STRAPWINGS.
Do not use attachments or enhancements not recommended by the product manufacturer as they may cause hazards.
Do not place this product on a loose winch strap, rope, chain, rachet strap or any other securement devices besides a 4-inch winch strap that has been properly tensioned per D.O.T. load securement requirements. Do not use STRAPWINGS on damaged or frayed winch straps,
STRAPWING’s should be cleaned periodically to remove mud, dirt and any other debris, especially anything that gets inside the securement groove.
Dispute Resolution and Arbitration:
In the interest of resolving disputes between you and STRAPWING.COM in the most expedient and cost effective manner, you and STRAPWING.COM agree that any and all disputes arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND STRAPWING.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
We both agree that nothing in the Terms will be deemed to waive, preclude, or otherwise limit either of our right to: (a) bring an individual action in small claims court; (b) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address intellectual property infringement claims.
Any arbitration between you and STRAPWING.COM will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, AAA Rules) of the American Arbitration Association (AAA), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting STRAPWING.COM.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”).The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (Demand). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or STRAPWING.COM may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or STRAPWING.COM will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, STRAPWING.COM will pay you: (x) the amount awarded by the arbitrator, if any, (y) the last written settlement amount offered by STRAPWING.COM in settlement of the dispute prior to the arbitrator’s award; or (z) $1,000.00, whichever is greater.
In the event that you commence arbitration in accordance with these Terms, STRAPWING.COM will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Austin, Texas, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephonic hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse STRAPWING.COM for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions:
YOU AND STRAPWING.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and STRAPWING.COM agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
In the event that STRAPWING.COM makes any future change to this arbitration provision (other than a change to STRAPWING.COM’S address for notice), you may reject any such change by sending us written notice within 30 days of the change to STRAPWING.COM’S address for notice, in which case your account with STRAPWING.COM will be immediately terminated and this arbitration provision as in effect immediately prior to the amendments you reject will survive.