The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Use Of Site
The TOPSEQUIPMENT.com web site (the "Web Site") provided by TOPS Company includes an on-line service for its customers to obtain the status of orders and to allow for the purchase of products online (the "Service"). USE OF THE SERVICE ON THE TOPS COMPANY WEB SITE IS EXPRESSLY CONDITIONED UPON THE CUSTOMER ACCEPTING EACH AND EVERY PROVISION CONTAINED IN THESE TERMS AND CONDITIONS. Please read these provisions carefully as these Terms and Conditions constitute a legally binding agreement ("Agreement") between TOPS Company ("TOPS") and the users of the Service (each a "Customer").
2. Future Changes.
3. Accurate Information; Authority to Bind.
TOPS will provide a customer number and password. All terms and conditions of this Agreement are applicable to all passwords issued under this Agreement and accordingly, Customer agrees to assume sole responsibility for compliance therewith, for all charges incurred for each and every password issued under this Agreement and for maintaining the security respecting the passwords issued. Additional passwords may be provided to Customer upon written request, subject to TOPS' polices for additional passwords then in effect.
5. Ownership/Limitations on Use.
The Web Site, Service, its content, organization, gathering, graphics, design, compilation and other matters related thereto are protected under applicable copyrights, trademarks and other proprietary laws, including but not limited to intellectual property laws, and by international treaties. Customer does not acquire any title or ownership rights to the Web Site or Service or information accessed through the Service. Customer acknowledges and agrees that it will not take any action that would jeopardize, limit or interfere in any manner with the operation of the Web Site or Service.
The [pricing] information available through the Service is the confidential information of TOPS and is protected by copyright and other intellectual property laws. [Pricing] information received through the Service is to be used solely for internal purposes. Except with prior written authorization from TOPS, no [pricing] information received through the Service may be duplicated, reproduced, distributed, or otherwise disseminated, in whole or in part, in any form, except that limited reproduction is permitted for distribution within your internal organization, or to other necessary and required parties within the referral process. Under no circumstances may copies produced under this provision be offered for sale or resale.
6. NO SERVICE WARRANTY.
EACH CUSTOMER ACKNOWLEDGES THAT THE WEB SITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT USE OF THE WEB SITE OR SERVICE IS AT THE CUSTOMER'S SOLE RISK. TOPS MAKES NO WARRANTY WHATSOEVER ABOUT THE WEB SITE, THE SERVICE, ITS OPERATION OR AVAILABILITY, THE ACCURACY OF THE INFORMATION PROVIDED ON THE SITE OR SERVICE, OR THE SECURITY OF THE WEB SITE OR SERVICE. MOREOVER, WITH RESPECT TO THE WEB SITE AND SERVICE, TOPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOREOVER, TOPS MAKES NO WARRANTY THAT (A) THE WEB SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE WEB SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) TRANSMISSION OF DATA TO AND FROM THE WEB SITE OR SERVICE WILL BE TIMELY OR ERROR-FREE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR SERVICE WILL BE ACCURATE OR RELIABLE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Purchase of Product.
Customers may order goods from TOPS ("Products") by placing an order online through the Service. TOPS will have no obligation to fulfill timely orders for Products which are out-of-stock or otherwise unavailable [SEE SECTION 23 BELOW], but TOPS will promptly notify Customer of such unavailability or delay as soon as it becomes aware of it. In certain circumstances orders may, solely at TOPS' option, be accepted, or supplements to orders may be made, by fax transmission, telephone, e-mail, electronic data input or otherwise, any of which methods, but only if accepted in writing by an authorized representative of TOPS, shall constitute an order or amendment to an order binding upon Customer hereunder. Any terms and conditions contained in any Customer documents that are different or in addition to the Terms and Conditions of this Agreement, including but not limited to letters, purchase orders or sales acknowledgements, are hereby rejected by TOPS, are not a part of this Agreement or the business relationship of the parties, and shall be of no effect or binding upon TOPS unless specifically agreed to in writing by an authorized officer of TOPS. Failure by TOPS specifically to object to provision contained in such Customer documents shall not in any way be deemed an alteration to or waiver of these Terms and Conditions. [Orders placed are not subject to cancellation by Customer - SEE SECTION 12 BELOW]
8. Customer Representations and Certain Covenants.
Customer represents that if Customer is a corporation, partnership, limited liability company, or the like, that Customer is validly existing and in good standing under the laws of its state of incorporation. Customer represents that it has all requisite power to enter into this Agreement. Each person(s) accepting this Agreement on behalf of any corporation, partnership, limited liability Company, or the like, represents that he or she is duly authorized to accept this Agreement and to perform Customer's obligations under this Agreement. Customer shall be solely responsible for the use and disposition of the Products and agrees to use the Products only in accordance with all laws, rules and regulations applicable thereto.
9. Price and Other Expenses.
All prices quoted by TOPS through its Web Site for a particular order to a specific delivery location are delivered prices. The price quoted is the purchase price of the Product(s), and includes shipping, but does not include any other expenses relating to the Product(s). The Customer shall be responsible for all other expenses relating to the Product(s) purchased, not covered by the standard arrangements contemplated above, including but not limited to (a) any federal, state, local, foreign or provincial taxes or tariffs, now or hereafter enacted, applicable to the Products, as further set forth in Section 13, below; (b) special transportation costs to the point of delivery specified by the Customer; (c) all charges in the event payment from Customer is delinquent, including, without limitation, all costs and expenses, including attorneys fees, of collecting any amount not paid when due hereunder, and; (d) all other expenses, not included in the sale and delivery contemplated above, of whatever kind or nature, relating to special insurance requirements, the purchase, shipment, transportation or delivery of Product. If the Customer chooses to arrange for transportation other than the arrangements contemplated hereby, then the Customer will be responsible for shipping and related costs and expenses. Prices are subject to change at any time in the sole discretion of TOPS effective for all orders made after TOPS posts a price change on its Web Site. Prices of TOPS Products may be found on this Web Site and in printed materials distributed by TOPS. TOPS takes great efforts to ensure both printed materials and Web Site prices are kept current, but in the event of a conflict in price information between printed materials and this Web Site, prices on this Web Site shall govern.
10. Shipment/Risk of Loss.
Unless otherwise agreed, all shipments will be made by third-party carriers chosen by TOPS, at costs, tariffs and other charges, and in accordance with terms and conditions established by TOPS from time to time. In the event that Customer elects to arrange transportation other than the arrangement contemplated hereby, then Customer shall be responsible for all costs, tariffs and charges of any nature associated with the shipment of any Product to Customer. In such case, the shipper will invoice Customer directly, or TOPS may invoice Customer, for all such costs, tariffs and charges. The risk of loss associated with any Product and title passes to Customer upon delivery of the goods to the shipping point, FOB, subject to the reservation of a security interest to TOPS in Section 11 of this Agreement. TOPS shall have no liability of any kind or nature, whether for consequential or other damages for any reason whatsoever, relating to shipment of Product purchased by Customer, including but not limited to damage to the Product, taxes, duties, loss, theft or any illness of or personal injury to any person or property under any environmental, health or safety law.
11. Payment and Credit.
Customer shall pay for all Product by full payment of the applicable purchase price within thirty (30) days of the invoice date of each Product shipment. Unless otherwise indicated by TOPS in writing, Customer agrees to remit payment in full to the address and account indicated on TOPS invoices issued from time to time for all shipments, including shipments of any portion of the Product. No cash discounts for early payment will be granted unless approved in writing in advance by an authorized representative of TOPS. When payment in full is not remitted according to the applicable terms, Customer shall be delinquent without further notice from TOPS. Customer's right to purchase any Product is conditioned upon approval of Customer's credit and may be withdrawn or amended at any time by TOPS in its sole discretion. TOPS reserves the right, in its sole discretion, to change the credit terms, refuse shipment, or cancel unfilled orders at any time when, in its sole opinion, the financial condition or previous payment record of Customer so warrants. A late payment charge of one and one-half (1.5%) percent per month shall be added to all invoices which are delinquent, subject to federal, state and local laws, calculated from the original due date of the invoice until payment in full. In the event Customer is delinquent, Customer shall pay all costs of collection, including but not limited to reasonable attorneys' fees. Should Customer become delinquent in the payment of any sum due under this Agreement, all contractual or other obligations of TOPS to Customer shall terminate without further notice to Customer. TOPS retains, and Customer hereby grants TOPS, a purchase money security interest in the Products, including all accessions to and replacements of them, to secure the payment of the purchase price of the Product, until Customer has made payment in full in accordance with the terms hereof, and Customer shall cooperate fully with TOPS in executing such documents, including a Uniform Commercial Code financing statement, and accomplishing such filings and/or recordings thereof as TOPS deems necessary for the perfection, protection and enforcement of such security interest.
12. Cancellation Prior to Shipment/Return.
Any cancellation of an order prior to shipment must be in writing signed by the Customer and TOPS. Upon such cancellation, Customer agrees to pay TOPS immediately all costs and expenses incurred by TOPS in connection with the order. Such costs and expenses shall include without limitation TOPS' cost of labor applied to the order, overhead, costs of any materials applied to or ordered for the contract and any charges imposed upon TOPS by its suppliers or subcontractors.
13. Taxes and Other Charges.
Customer is responsible for the payment of all federal, state, local, foreign, or provincial taxes (now or hereafter enacted), fees, or charges which may be assessed or levied now or hereafter on or on account of materials sold hereunder to Customer, whether termed a gross receipts tax, use tax, property tax, sales tax, manufacturers tax, excise tax, custom duties or taxes, inspection or testing fee, or any other tax, fee, or charge of any nature whatsoever imposed by any governmental authority on or measured by any transaction between TOPS and Customer. Published prices do not include such taxes, which may be added by TOPS to the invoice where TOPS has a legal obligation to collect them. When Customer claims that this transaction is not subject to any such tax, or that Customer is exempt, or that TOPS is not required to collect such tax, Customer agrees to provide TOPS with any documentation necessary to support such a claim and to allow TOPS to document its decision not to collect tax(es).
14. Product Warranty.
The Products are warranted only to the extent provided by the manufacturer in its limited warranty, if any, pertaining thereto, a copy of which is available at Customer's request. TOPS, HOWEVER, EXTENDS NO WARRANTY OR ANY KIND WITH RESPECT TO THE PRODUCTS, AND ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.
15. EXCLUSION OF DAMAGES.
THE REMEDIES PROVIDED HEREIN ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. TOPS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR OTHER LEGAL THEORY ARISING OUT OF THE SALE, INSTALLATION, SERVICE OR USE OF THE PRODUCTS BY CUSTOMER OR ANY THIRD PARTY, EVEN IF TOPS HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH LOSSES, AND IN NO EVENT SHALL THE LIABILITY OF TOPS EXCEED THE UNIT PRICE OF THE DEFECTIVE PRODUCT. TOPS NEITHER ASSUMES NOR AUTHORIZES ANY AGENT, EMPLOYEE, REPRESENTATIVE, OR ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, DELIVERY, SERVICE, OR USE OF ITS PRODUCT; AND UNLESS AN AFFIRMATION, REPRESENTATION, OR WARRANTY MADE BY AN AGENT, REPRESENTATIVE, OR EMPLOYEE IS SPECIFICALLY CONSENTED TO IN WRITING BY AN AUTHORIZED OFFICER OF TOPS, IT SHALL NOT BE ENFORCEABLE BY CUSTOMER. 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.
16. Customer Indemnification.
Customers shall indemnify, defend and hold TOPS harmless from any and all liabilities, claims, demands, causes of action, or suits of whatever nature including, but not limited to, attorneys' fees and litigation expenses, arising from any: (i) breach by Customer of any representation or covenant made by Customer or User under this Agreement or to TOPS; (ii) breach by Customer of any provision of the Terms and Conditions of this Agreement; (iii) failure of Customer to comply with applicable environmental, health and safety laws and (iv) any use by Customer or third parties of the Product(s) sold to Customer. Notwithstanding the foregoing, Customer shall not be liable to TOPS for any portion of such liabilities that result from TOPS' fraud, bad faith, or willful misconduct.
17. Term and Modification.
This Agreement shall govern so long as Customer purchases any Product from TOPS or uses this Web Site, provided, however, that this Agreement may be modified unilaterally by TOPS' providing notice to Customer through any of the following means: TOPS' posting of any modification or revised Agreement or terms on the Web Site or by TOPS' providing written or electronic notice to Customer via any means reasonably calculated to provide actual notice to Customer including facsimile transmission, e-mail or other electronic mail, Federal Express or similar delivery, hand delivery, or ordinary first-class mail with postage prepaid. In such event, any modification or revision to the Agreement shall become effective upon publication thereof on Web Site or, if earlier, upon Customer's receipt of said notice, and shall only apply to Product purchase orders occurring after the effectiveness of such notice to Customer.
TOPS reserves the right, in its sole discretion and without notice, to terminate access to the Service and disable the password issued to any Customer that TOPS believes in good faith has (a) failed to abide by any provision of this Agreement, (b) provided false or inaccurate information to TOPS, or (c) failed to maintain information provided current.
Customers are prohibited from using any robot, spider, other automatic device to monitor or copy portions of the Web Site or the content contained herein without TOPS' prior written permission. Customers agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or or Service or take any action that imposes an unreasonable or disproportionately large load on the Web Site. Customers of this Web Site agree not to download, reproduce, duplicate, copy or otherwise exploit any portion of the Web Site for the purpose of sale, resale, or making other commercial use thereof.
20. Authority to Export.
All orders accepted for export are subject to issuance of an export license by the United States Government for export of the Product(s), and subject to Customer's providing TOPS with the relevant import certificate, or any other document necessary to secure such export license and/or to permit the import of such goods into the country of destination.
21. Governing Law.
TOPS, which operates this Web Site, has a principal place of business in Utah. But this Web Site can be accessed anywhere in the United States and abroad. Because each of the states may have differing laws that may effect the interpretation of this Agreement, Customers agree that this Agreement will be governed and construed under the laws of the state of Utah, without resort to the choice of law provisions thereof. Moreover, Customers hereby irrevocably consent to the exclusive jurisdiction of the federal and state courts located in Utah for the purpose of resolving any and all disputes arising under this Agreement. Any action by Customer under or relating to this Agreement or use of the Web Site or Service must commence within six (6) months after such cause of action accrued.
If any provision or portion of this Agreement is not given legal effect by a court of competent jurisdiction, such provision or portion shall drop out of this Agreement and the remaining provisions and portions of this Agreement shall be construed and enforced.
23. Force Majeure.
TOPS shall not be responsible for any failure to perform the Service or for delays in shipment, delivery or any other nonperformance due to causes beyond its control, including, but not limited to, acts of God, labor disputes or shortages, acts or omissions of Customer, government or judicial authorities, or military authorities, delays in transportation, or inability to obtain necessary materials or supplies, all whether foreseen or unforeseen.
24. Entire Agreement/ Non-Waiver.
This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior written and oral communications and understandings. TOPS' failure to exercise any of its rights for any period shall not constitute or be deemed a waiver or forfeiture of such rights.
25. Third-Party Beneficiaries.
This Agreement shall not confer any rights or remedies upon any third-party, other than the parties to this Agreement and their respective successors and permitted assigns.
Except as otherwise provided herein to the contrary, notice to be provided to TOPS shall be given by actual delivery or by registered or certified, pre-paid U.S. postal service mail delivery, return receipt requested, to TOPS at P.O. BOX 57307 Salt Lake City, UT 84157, or such other address as TOPS shall publish on its Web Site for notices to be given to TOPS. Notice to Customer shall by given by TOPS by any means reasonably calculated to provide actual notice to Customer at the address specified by customer.
Personally- Identifiable Information:
TOPS will not collect any personally-identifiable information about you (that is your name, address, telephone number, or email address) unless you provide it voluntarily and knowingly.
If you do not want your personally - identifiable information collected do not submit it to us. If you do submit personally identifiable information, we will use it in the following ways, unless stated otherwise:
1. We may store and process that information to better understand your needs and how we can improve our product offerings and services.
2. We may use that information to contact you.
3. We will not give or sell your individual information to any outside company for its use in marketing or solicitation
4. Will maintain the confidentiality of your personal information, and it will only be used to support your relationship with TOPS and its Web sites.
Unfortunately, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy statement. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications.
Children (under thirteen):
TOPS has no intention of collecting any personally identifiable information (that is your name, address, telephone number, or email address) from individuals under thirteen years of age through this website. The TOPS websites that do collect information from Children do so in accordance with the privacy policies located at such websites.
Please review such privacy policies when entering those sites. If a child has provided us with personally identifiable information a parent or guardian should contact us at the e-mail address listed at the bottom of this statement if they want this information to be deleted from the records. We will use all reasonable efforts to delete the child\'s information from our existing files.
Non- Personally - Identifiable Information Collected Automatically:
In some cases, we may collect information about you that is not personally-identifiable. Examples of this type of information include the Internet browser you a using, the type of operating system, and the domain name of the website which linked you to our site. When you view one of our websites, we may store information from time to time on your computer. These "Cookies" allow us to tailor a website or advertisement to better match your interests and preferences. With most Internet Browsers you can block, receive a warning or erase all "Cookies" from your hard drive.
Please refer to your browser instructions or help screen to learn more about these functions. We also collect an IP address from all visitors to our website. An IP address is a number that is automatically assigned to your computer when you use the Internet. We use IP addresses to help diagnose problems with our server, administer our website, analyze trends, track users\' movement, gather broad demographic information for aggregate use in order for us to improve the site, and deliver customized, personalized content. IP addresses are also not linked to personally identifiable information.
Opting Out of Receiving Communications from Us:
TOPS Equipment may send you communications regarding its services, its websites or otherwise. TOPS Equipment provides you the opportunity to opt-out of receiving such communications by indicating your desire to opt-out. If you would like to opt out of receiving communications from us please email us at store@TOPSfuel.com.
Correcting or Updating Information:
All information provided to TOPS is transmitted using certified encryption. A proven coding system that lets your browser automatically encrypt, or scramble, data before you send it to us. We also protect your information by placing it on a secure portion of our website that is only accessible by certain qualified employees of TOPS. Unfortunately, however, no data transmission over the Internet is 100% secure. While we strive to protect your information, we cannot ensure or warrant the security of such information.
Other Web Sites:
TOPS website contains links to other websites. Please note that when you click on one of these links, you are entering another website for which TOPS has no responsibility. We encourage you to read the privacy statements on all such sites as their policies may be different than ours. Also, you may have entered this website from an unrelated third party website. Likewise, TOPS has no responsibility for such third party websites and you should review their privacy statements.
If you have any questions about this Privacy statement, the practices of this website, or your dealings with this website, you can contact:
P.O. Box 57307
Salt Lake City, UT 84157
- Shipping & Delivery
Orders normally ship within 2-3 business days from the date of order placement. Delivery is normally by standard freight, UPS, USPS, or FEDEX depending on the weight of your order and/or the shipping destination. Please note, business day refers to weekdays - Monday to Friday, and does not cover weekends or holidays.
In the event that all or part of your order is not in stock, we will inform you by e-mail as soon as possible. Non-stock items normally ship within 7-10 days.
No goods may be returned without the Seller's written permission. If such authorization is given, unless otherwise stated in the authorization, transportation charges must be prepaid by the Buyer. All goods authorized for return are subject to the Seller's inspection and acceptance, and must be returned in the factory packaging, in new/unused condition. Merchandise may only be returned within 30 days of purchase and must be accompanied by the invoice number and/or a copy of the sales receipt. All goods, services or products that are non-stocking, special order, cut or fabricated to a specific size or length are not returnable. All stocking items will be subject to a 25% restocking charge. It is understood that no goods can be returned for credit without adhering to the above conditions.
Refunds are given in the form of store credit.
Shipping charges are calculated based on location, weight of the product including packaging, volumetric weight if applicable and necessary insurance coverage and handling charges. You can view the relevant shipping charges to your chosen destination easily by adding any product to your "Shopping Cart", below the cart you will see a table of applicable shipping charges, and optional insurance costs.
Please call or e-mail for international shipping quotes.
Orders that have been shipped to the shipping address as supplied by the customer, and which are subsequently returned to TOPS as undeliverable/refused are subject to a maximum refund of the value of the products ordered only minus a 25% restocking fee, (not including shipping costs). Unless the product(s) is/are non-stocking , special order, cut or fabricated to a specific size or length, then such products can not be refunded.
All products are supplied with the original manufacturer's guarantee.
P.O. Box 57307
195 West 3900 South
Salt Lake City, UT 84157-0307
Tel: (801) 266-2545
Fax: (801) 261-4054
We do our best to ensure that your order is supplied correctly and with all items in good working order, if in the unlikely event that any goods are found to be faulty or supplied incorrectly, we will be happy to send you a replacement as soon as is possible. Shipping charges for replacement items will be covered by TOPS, furthermore you will be refunded for your postal/shipping costs incurred in returning the faulty/incorrect items.