TERMS & CONDITIONS
Content Disclaimer
All information provided on the Better Tools website is provided for information purposes only and does not constitute a legal contract between Better Tools and any person or entity unless otherwise specified. Information on the Better Tools website is subject to change without prior notice. Although every reasonable effort is made to present current and accurate information, Better Tools makes no guarantees of any kind. The Better Tools site may contain information that is created and maintained by a variety of sources both internal and external to the business. In no event shall Better Tools be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource. This will help certify that what you’re about to order is exactly what you need and will likely avoid potential returns or exchanges in the future.
Graphic Use Policy
All designs, illustrations, and content herein [known collectively as artwork] are the sole property of Better Tools as made by their designer(s). You may not use any artwork for use in personal or commercial projects, or for display without permission from Better Tools. Better Tools and/or the creator are entitled for compensation as due for commercial use. Better Tools obtains all copyrights to its artwork. Such use otherwise for profit or allowing another name as the creator is an infringement of copyright law.
General Terms and Conditions of Sale
The following terms and conditions apply to all negotiations, quotations, orders, acceptance, sales, and deliveries. No terms and conditions or other understanding, oral or written, in any way purporting to vary these terms and conditions, whether contained in buyer’s forms or elsewhere, shall be binding on Better Tools, LLC.
Warranties and Buyer's Exclusive Remedies
Limited Warranty
Reliable tools are essential to your success. Better Tools Brand products go through rigorous quality and testing practices to ensure our tools meet the demands required from professional contractors like you. Better Tools stands by our product quality by offering a full one-year warranty on most tools.
BIHUI tools are covered by a limited one-year warranty to include corded power tools. Battery-powered tools are limited to a six-month warranty.
Warranty Coverage
This warranty covers tools sold by Better Tools, including BIHUI tools, that are damaged or broken during normal use due to defects in materials or craftsmanship. Blades and other consumable products or accessories are warranted to be functional as described in the original offer. Tile cutters are warrantied for one year from the date of purchase.
Warranty Exclusions
The Better Tools warranty, including BIHUI tools, does not cover consumable parts that are worn, damaged, or broken due to standard wear and tear. This includes blades that are worn from regular use. Batteries are warranted to the original manufacturers’ specifications. This warranty does not cover colors, finishes, or other visual attributes of a product damaged due to exposure to the elements or due to normal wear.
Coverage Period
The Better Tools warranty is valid for 1 year from the date of purchase for most tools. Battery-powered tools are limited to a six-month warranty.
Parties Covered
This warranty is valid for the current owner of the product, even if the current owner is not the original owner.
Resolution
Better Tools will provide a replacement part for any part retailing under $100. In the case where the part is no longer available, a comparable part may be substituted. The consumer may be asked to return the defective product to Better Tools or the original purchase location.
Better Tools may attempt to repair any product retailing for over $100. In the case of repair, work will be completed within 60 days of receipt of the defective product by Better Tools with no cost to the customer. If the repair is not feasible, a comparable product may be offered.
Exclusions or Limitations
Better Tools will not cover any cost that may occur beyond the cost of the original purchase price of the tool or accessory. Better Tools may not repair a product if it is deemed more feasible to offer a replacement.
Warranty Service
Contact Better Tools at 800-798.6657 or www.better-tools.com for warranty inquiries. You may also contact the original seller or distributor. You may be asked to return the defective product or to supply photographs of the defective part.
Owner Responsibilities
- Follow product directions and heed product warnings.
- Replace consumable parts; e.g. blades, bulbs, fuses, springs, etc.
- Connect electronic products to the proper source of power for sufficient voltage.
- Do not attempt improper or unauthorized repairs.
- Any defect caused by abuse, misuse, neglect, carelessness, or accident will not be eligible for the Better Tools warranty.
- Avoid extended exposure of the product to the elements
Quotations and Prices
Written quotations automatically expire thirty (30) calendar days from the date issued and are subject to termination by notice within the period. Unless otherwise stated, however, prices are subject to change without advance notice and the product will be invoiced at the price prevailing at the time of shipment. All prices are f.o.b. Better Tools, LLC, Miamisburg, Ohio, or quoted F.O.B. point.
Transportation Risks
All shipments are made at the buyer’s risk. The method and route of shipment are at our discretion unless the buyer supplies explicit instructions. Notice of non-delivery, loss, or damage in transit must be given by the buyer to Better Tools, LLC (30) days after receipt by the buyer of applicable invoices to enable any necessary claims against the carrier to be filed.
Delivery
Shipping dates are approximate and are based upon prompt receipt of all necessary information from the buyer. Better Tools, LLC shall not be liable (or delay due to causes beyond reasonable control such as acts of GOD, acts of buyer, acts of civil or military authority, priorities, government regulations, fires, strikes, floods, epidemics, quarantine restrictions, war, riots, delays in transportation and inability due to causes beyond its reasonable control to obtain the necessary labor, materials or manufacturing facilities. In the event of any such delay, the date of delivery shall be deferred for a period equal to the time lost by reason of delay. If the shipment or any other act or condition affecting payment for the goods, or any part thereof, shall be delayed on account of the buyer, payment, therefore, shall become due as if shipment had been made in case of delay in shipment at the instance of the buyer, a reasonable storage charge shall be made, and such storage will be at the risk of the buyer.
We reserve the right to over-ship/under-ship 20%.
Payment Terms
Settlement for each invoice shall be made in accordance with the terms of payment specified on the face of our quotation, sales order, and invoice and is to be paid in full within thirty (30) days of the day of the invoice or as otherwise specified in writing. If there are several deliveries here under prorate payments shall become due as shipments are made. If, in the opinion of Better Tools, LLC the financial condition of the buyer at any time does not justify the continuance of production of shipment on the terms of payment specified, Better Tools, LLC may require full or partial payments in advance.
Sales and Similar Taxes
Unless otherwise stated, Better Tools, LLC prices do not include sales, use, excise or similar taxes. Consequently, in addition to the prices specified, the amount of any present or future sales, use, excise or other similar tax applicable to the sale of the items described shall be paid by the buyer or, in lieu thereof, the buyer shall provide Better Tools, LLC with a tax exemption certificate acceptable to the taxing authorities.
Security Interest
Better Tools, LLC shall have a security interest in the goods and in any and all additions and accessions thereto, replacements thereof and proceeds thereof (all being hereinafter sometimes referred to as the “collateral”) as security for the buyer’s obligation to pay the purchase price (which term, shall include an applicable finance charge) of the goods as and when the same shall become due and payable; and notwithstanding the manner of its annexation to realty, goods shall remain personal property. The buyer will at the request of Better Tools, LLC execute such financing statement pursuant to the Uniform Commercial Code as Better Tools, LLC may declare the unpaid balance of the purchase price to be immediately due and payable and shall have all of the rights and remedies of a secured party under the Uniform Commercial Code of the state in which the collateral is located, including the right to enter upon the premises where the collateral is located and repossess and remove the collateral of, alternatively, to require the buyer to assemble the collateral and make it available to Better Tools, a division of CB Manufacturing, at a place to be designated by the latter which is reasonably convenient to both parties. Better Tools, LLC will give the buyer reasonable notice of the time and place of any public sale of the collateral is to be made. The requirements of such reasonable notice shall be met if such notice is mailed, postage prepaid, to the buyer at least seven days before the time of the sale or other disposition. The buyer agrees to pay any legal expenses (including reasonable attorney’s fees) incurred by Better Tools, LLC in enforcing its rights against the buyer or with respect to the collateral following a default by the buyer, and also agrees that its obligation to pay such expenses shall be included in the obligation secured by the collateral.
Cancellation
An order once placed with and accepted by Better Tools, LLC can be canceled only with our written consent signed by an officer of the company, and upon terms that will indemnify Better Tools, LLC against loss.
Returned Products
In no case are goods to be returned without first obtaining our permission in writing signed by an authorized employee of Better Tools, LLC. Goods must be securely packed, to reach us without damage.
Arbitration
In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactorily to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration rules. Any formal arbitration shall take place in Montgomery County, Ohio, USA.
General
Better Tools, LLC will comply with all applicable federal, state and local laws. Any PROVISIONS OF BUYER’S ORDER which are in anyway inconsistent with or in addition to our name and conditions or sale (except additional provisions specifying quantity, character of the items ordered, and shipping instructions) SHALL NOT BE BINDING on Better Tools, LLC, and shall not be considered applicable to the transaction in question. No additional to or modifications of any of the provisions on the face of our quotations in order forms shall be binding unless made in writing and signed by an officer of the company. This agreement, terms, and conditions of sale shall be deemed to have been formed in Ohio and shall be construed to the laws of the State of Ohio.
