Alpha® Standard Sales Terms and Conditions
Updated: December 1, 2016
Sales Policy
1. Prices.
Prices listed are wholesale, do not include shipping, handling fees, taxes, and/or duties, and are subject to correction or change without notice. Market sensitive commodity products will be priced according to current market conditions.
2. Sales Tax.
Alpha® charges tax will be charged on all shipments to California, Colorado, Connecticut, Florida, Georgia, Illinois, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New York, Ohio, Pennsylvania, Texas, Virginia and Washington unless an up-to-date state resale tax certificate is on file with Alpha® for that state.
The states of California, Connecticut, Florida, Illinois, Maryland, Massachusetts, New York and Pennsylvania will not accept another state’s resale certificate for a drop shipment.
3. Payment and Credit Terms.
Alpha® accepts cash, company checks, Visa, MasterCard, Discover and American Express. For customers with established Alpha® credit, payment terms are net thirty (30) days from the date of shipment or pick‑up. All credit extended by Alpha® to customer, and the limits of such credit, is at Alpha®’s sole discretion, and may be reduced or revoked by Alpha® at any time, for any reason. Alpha® reserves the right to charge a convenience fee for late payments. Alpha® further reserves the right to charge customer a late payment fee at the rate of one and one‑half percent (1‑1/2%) of the amount due for each month or portion thereof that the amount due remains unpaid, or such lesser amount as may be permitted under applicable law. Anticipation and cash discounts are not allowed. All payments must be made in U.S. dollars. Alpha® shall have the right of set‑off and deduction for any sums owed by customer to Alpha®.
If customer fails to make payment within thirty (30) days of shipment or pick‑up, or fails to comply with Alpha®’s credit terms, or fails to supply adequate assurance of full performance to Alpha® within a reasonable time after requested by Alpha® (such time as specified in Alpha®’s request), Alpha® may defer shipments until such payment or compliance is made, require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys’ fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order.
Customer agrees to assume responsibility for, and customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by customer, its subsidiaries and affiliates. Each of customer’s subsidiaries and affiliates purchasing from Alpha® will be jointly and severally liable for purchases with customer, and customer is also acting as agent for such subsidiaries and affiliates.
Security Interest.
Customer hereby grants to Alpha® a first priority purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to Alpha®. Customer agrees to file, and it permits and authorizes Alpha® to file, any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of Alpha®’s lien or security interest.
Credit Balance.
Customer agrees that any credit balance(s) issued by Alpha® will be applied to customer’s account within one (1) year of its issuance.
IF CUSTOMER HAS NOT APPLIED FOR OR REQUESTED THE CREDIT WITHIN ONE (1) YEAR, ANY REMAINING CREDIT BALANCE(S) WILL BE SUBJECT TO CANCELLATION, AND ALPHA® SHALL HAVE NO FURTHER LIABILITY.
4. Alpha® reserves the right to accept or reject any order.
5. Note to Federal Customers:
Alpha® products are not offered through a GSA scheduled contract.
6. All items are sold for domestic consumption in the United States.
If exported, purchaser assumes full responsibility for compliance with US export controls.
Shipping Policy
A $5 shipping and handling fee is charged on orders totaling less than $50 before tax and shipped to one address within the continental United States. No shipping and handling is charged to customers for standard ground delivery on orders of $50 or more before tax.
UPS is our primary parcel carrier and we use a variety of carriers for LTL shipments.
Title and risk of loss pass to customer upon tender of shipment to carrier.
Shipping Policy Exceptions
Not all products qualify for the above Shipping Policy. Additionally, standard shipping rates will apply for all orders to Alaska and Hawaii. Any charges incurred for hazardous materials or other special handling by the carrier must be paid by the customer. Fuel surcharges may be applied.
Alpha® only accepts orders for shipments within the continental US. Orders to Alaska, Hawaii and international destinations will need to be done directly with Alpha® Customer Service. E-mail to info@alpha-tools.com or call 800-648-7229 option 1.
Expedited Shipping Rules
To qualify for expedited shipping, Alpha® must receive your order before 3pm (EST) Monday–Friday. Alpha® does not offer Saturday delivery. All expedited orders must weigh less than 150 lbs, and not contain any hazardous materials. Expedited orders only ship on business days; any orders placed on Saturdays/Sundays/
Holidays will be processed on the next business day. If you have any questions please call our customer service department at 800-648-7229.
You will receive an email when your order is shipped with a tracking number that links to the UPS website.
Return Policy, Limited Warranty and Limitation of Liability
1. 30‑Day Satisfaction Guarantee
If you are not satisfied for any reason products may be returned within 30 days of shipment for a full credit or exchange (provided the product is undamaged). Return documentation should clearly specify credit or exchange.
Returned items must be in the original packaging.
All returns must include a return merchandise authorization (RMA) number that can be obtained by contacting the Alpha® Customer Service Department at 800-648-7229. Our customer service hours are Monday through Friday from 8:30 a.m. to 5:00 p.m. (EST).
Include a copy of the original order confirmation or packing slip with your RMA paperwork as proof of purchase.
Returns received at Alpha® without a RMA number may be assessed a 20% restocking (processing) fee that will be deducted from any credit due.
2. Business Customers’ Limited Warranty
Alpha® warrants any product purchased for use in business or resale against defects in workmanship or materials under normal use for a period of one year from the date of purchase. Any product determined by Alpha® to be defective in material or workmanship and returned to Alpha® shipping costs prepaid will, at Alpha® option, be repaired or replaced or the purchase price refunded.
3. Warranty Disclaimer and Limitation of Liability
DISCLAIMER AND LIMITATIONS.
ALL OTHER WARRANTIES TO ANY BUSINESS CUSTOMER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ARE SPECIFICALLY DISCLAIMED, EXCEPT WHERE PROHIBITED BY STATE LAW.
LIMITATION OF LIABILITY.
ALPHA® EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. ALPHA® LIABILITY IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.
4. Manufacturer’s Warranty.
For information on a specific manufacturer’s warranty, please contact Alpha® at 800-648-7229.
5. Product Compliance and Suitability.
Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. Alpha® does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Alpha® accept responsibility for construction, installation and/or use of a product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
6. Cross‑Reference Information.
Product cross‑reference comparisons do not imply that products are available or perfectly comparable. CROSS‑REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Customer shall review all cross‑referenced product specifications prior to purchase and use to determine suitability of the product for customer’s intended use.
Product Information
1. Catalog/Website Information.
Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to any Alpha® catalog, literature or websites does not constitute the right to purchase products. Alpha® reserves the right to revise publishing errors in its catalogs or any of its websites.
Despite our efforts, occasional pricing errors may occur in the Alpha® catalogs and websites. Alpha® reserves the right to cancel any and all orders resulting from such pricing errors, even if customer has received an order confirmation from Alpha®.
2. Product Substitution.
Products (and country of origin) may be substituted and may not be identical to catalog or website published descriptions and/or images.
3. Occupational Safety and Health Administration (“OSHA”) Hazardous Substance.
Safety Data Sheets (“SDS”) for OSHA defined hazardous substances are prepared and supplied by the manufacturers. ALPHA® MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE RECOMMENDATIONS IN ANY SDS. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT.
4. California Proposition 65.
The State of California requires that certain warnings be given concerning products subject to Proposition 65. For products denoted with a
symbol the following warnings apply:
- Both Cancer and Reproductive Harm
California Proposition 65
Warning: This product contains a chemical known to the State of California to cause cancer.
Warning: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm.
- Only Cancer Warning
California Proposition 65
Warning: This product contains a chemical known to the State of California to cause cancer.
- Only Reproductive Harm Warning
California Proposition 65
Warning: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm.
A complete list of Proposition 65 regulated chemicals is available by logging on to www.oehha.ca.gov.
5. SDS.
SDS information is available on our website via the product pages or the Library.
6. California, Louisiana, Maryland and Vermont Customers.
Regulations in CA, LA, MD and VT prohibit the introduction into commerce of any solder, flux, pipe, pipe or plumbing fitting, or fixture intended to convey or dispense water for human consumption that is not “lead free”. The maximum allowable lead content is 0.25 percent lead in wetted surfaces of pipes, pipe fittings, and plumbing fittings and fixtures, as determined by a weighted average. The maximum allowable lead content is 0.2 percent lead in solder and flux.
7. Product Compliance and Suitability.
Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. Alpha® does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Alpha® accept responsibility for construction, installation and/or use of a product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
General Terms
1. Intellectual Property.
Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights reserved by Alpha®, or any trademarks or service marks owned by suppliers to Alpha®. All materials contained on the www.alpha-tools.com website are subject to the ownership rights of Alpha® and its suppliers. Customer shall have no right to copy or use any of the intellectual property of Alpha® or its suppliers without Alpha®’s permission.
2. Force Majeure.
Alpha® shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Alpha® in the conduct of its business.
3. Assignment.
Customer shall not assign any order, or any interest therein, without the prior written consent of Alpha®. Any actual or attempted assignment without Alpha®’s prior written consent shall entitle Alpha® to cancel such order upon notice to customer.
4. No Third Party Benefit.
The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.
5. Waiver, Choice of Law and Venue.
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non‑performance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Illinois, excluding its conflict of law rules, and venue shall either be in the state courts in Lake County, Illinois or the federal courts for the Northern District of Illinois.
6. Severability.
If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.
7. Modification of Terms.
Alpha®’s acceptance of any order is subject to customer’s assent to all of the terms and conditions set forth herein. Customer’s assent to these terms and conditions shall be presumed from customer’s receipt of Alpha®’s acknowledgment, or from customer’s acceptance of all or any part of the products ordered. No additions or modifications of Alpha®’s terms and conditions by customer shall be binding upon Alpha®, unless agreed to in writing by an authorized representative of Alpha®. If a purchase order or other correspondence submitted by customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in Alpha®’s acknowledgment, Alpha®’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by customer, and will not constitute a waiver by Alpha® of any of the terms and conditions contained herein or in Alpha®’s acknowledgment.
8. Complete Agreement.
The terms and conditions in: (i) Alpha®’s forms, (ii) acknowledgments, (iii) quotations, (iv) invoices, (v) websites, (vi) catalogs are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and Alpha®.
Alpha® Gift Certificate Terms and Conditions
These terms and conditions, together with the Frequently Asked Questions above, constitute the Alpha® Gift Certificate Terms and Conditions. By purchasing or using a Alpha® Gift Certificate, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change without notice.
General Terms
- The Alpha® Gift Certificate can only be used online at www.alpha-tools.com or by phone order.
- An Alpha® Gift Certificate cannot be used to purchase Alpha® Gift Certificates.
Compliance with Law
By purchasing Alpha® Gift Certificates, you are certifying and representing to Alpha Professional Tools® and its affiliates that the activities in connection with which the Alpha® Gift Certificates will be used and comply with these Terms and Conditions and all applicable laws, rules and regulations, including the terms and conditions that govern the www.alpha-tools.com website. In addition, you agree to defend and indemnify Alpha Professional Tools® and its affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Alpha® Gift Certificates or violation of any of these Terms and Conditions.
Alpha® Website Terms of Access
Updated: December 1, 2016
Please review these Terms of Access. All access to and use of this site and all websites (including mobile websites), applications, or other services on which these terms reside (collectively the “Alpha® Property”), and the features at this Alpha® Property, are subject to these Terms of Access (“Terms”). The Alpha® Property is owned or controlled by Alpha Professional Tools® and its parent company, subsidiaries, division, affiliates, and brands (“collectively Alpha®”). By accessing this Alpha® Property in any way, including, without limitation, browsing this Alpha® Property, using any information, and/or submitting information to Alpha®, you agree to and are bound by the terms, conditions, policies and notices contained here (the “Terms”), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of New Jersey law.
From time to time we may update this Alpha® Property and these Terms. Your use of this Alpha® Property after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Alpha® may, in its sole discretion, and at any time, discontinue this Alpha® Property or any part thereof, with or without notice, or may prevent your use of this Alpha® Property with or without notice to you. You agree that you do not have any rights in this Alpha® Property and that Alpha® will have no liability to you if this Alpha® Property is discontinued or your ability to access the Alpha® Property or any content you may have posted on the Alpha® Property is terminated.
By accessing or linking to this Alpha® Property, you assume the risk that the information on this Alpha® Property may be incomplete, inaccurate, out of date or may not meet your needs and requirements. We may add, change, discontinue, remove or suspend any of the information, features and other content included in this Alpha® Property at any time, without notice and without liability.
All information provided on this Alpha® Property is subject to change without notice. While efforts have been made to make this Alpha® Property helpful and accurate, due to the open nature of this Alpha® Property, and the potential for errors in the storage and transmission of digital information, Alpha® does not warrant the accuracy of information obtained from this Alpha® Property.
Access and Use of Alpha® Property
Access to this Alpha® Property is limited to viewing the linked pages solely for legitimate business purposes, and subject to these Terms. Any access or attempt to access other areas of any Alpha® computer system or other information contained on the system for any purposes is strictly prohibited.
Alpha® Content
Content on this Alpha® Property that is provided by Alpha® or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Alpha® Content”) is the property of Alpha® and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Alpha® Content located on the Alpha® Property for use in any publications, in public performances, on websites other than this Alpha® Property for any unpermitted commercial purpose, in connection with products or services that are not those of Alpha®, in any other manner that is likely to cause confusion, that disparages or discredits Alpha® and/or its licensors, that dilutes the strength of Alpha®’s or its licensors’ intellectual property, or that otherwise infringes Alpha®’s or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree to in no other way misuse any Alpha® Content or User Content that appears on this Alpha® Property.
Use of the Alpha® Property and Posting Policy
The following requirements apply to your use the Alpha® Property: (a) you will not use any electronic communication feature of the Alpha® Property for any purpose that is unlawful, tortuous, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Alpha® Property for any commercial transactions that are unrelated to the purposes for which the Alpha® Property was provided; (e) you will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
From time to time on certain areas of the Alpha® Property you may be able to submit reviews and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Alpha®; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Alpha®, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Alpha® Property, or feature of the Alpha® Property. You further understand and agree that you have no ownership rights in any account you may have with us or other access to the Alpha® Property or features therein. Alpha® may cancel your account and delete all User Content associated with your account at any time, and without notice, if Alpha® deems that you have violated these Terms, the law, or for any other reason. Alpha® assumes no liability for any information removed from our Alpha® Property, and reserves the right to permanently restrict access to the Alpha® Property or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Alpha® Property, you hereby grant to Alpha® a limited, non‑exclusive, sub‑licensable, worldwide, fully‑paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Alpha® Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to Alpha® or our initiatives (your "Ideas"). With respect to Ideas you acknowledge that: (a) Alpha® receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that Alpha®’s review of the Ideas is not an admission of novelty, priority or originality; and (b) Alpha®’s use of any similar Ideas, whether based on your User Content, provided to Alpha® by third parties, or independently developed or considered by Alpha®, shall be without obligation to you.
Indemnification
You agree to indemnify and hold Alpha®, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Posting Policy, or which arises from the use of User Content you submitted, posted, or otherwise provided to Alpha® or this Alpha® Property.
Representations and Limitations of Liability
Alpha® makes no representations about the reliability of the features of this Alpha® Property, the Content, User Content, or any other Alpha® Property feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Alpha® makes no representations regarding the amount of time that any Content or User Content will be preserved.
Alpha® does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Alpha® without the prior review and written approval of Alpha®.
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ALPHA® BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL ALPHA® BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ALPHA®’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL ALPHA® OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF ALPHA® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Cross Reference Information
Product cross‑reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are fully comparable. Please review specifications prior to purchase.
Hypertext Links
This Alpha® Property may be linked to other sites which are not maintained by Alpha®. Alpha® is not responsible for the content of or Privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Alpha® of the linked sites. Alpha® disclaims any liability for links: (i) from another site to the Alpha® Property and (ii) to another site from the Alpha® Property.
Miscellaneous
These Terms will be governed by and construed in accordance with the internal laws of New Jersey without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Bergen County, New Jersey. These Terms operate to the fullest extent permissible by law. Accessing materials on this Alpha® Property by certain persons in certain countries may not be lawful, and Alpha® makes no representation that materials on this Alpha® Property are appropriate or available for use in locations outside the United States. If you choose to access this Alpha® Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
On certain areas of our Alpha® Property, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices, which Policy applies to information you submit on this Alpha® Property, and you hereby agree to the terms of that Policy.
If Alpha® fails to act with respect to your breach or anyone else’s breach on any occasion, Alpha® is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and Alpha®, and is accepted by you upon your use of the Alpha® Property. These Terms constitute the entire agreement between you and Alpha® regarding the use of the Alpha® Property. By using the Alpha® Property you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.