MESFire.com Terms and Conditions of Sale
THESE TERMS AND CONDITIONS APPLY TO ALL PURCHASES OF PRODUCT FROM THIS SITE. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.
Terms and Conditions Subject to Change. Any and all updates will be posted to this page.
These Terms and Conditions constitute the entire agreement between us as to their subject matter and supersede and replace all prior and contemporaneous oral and written agreements. This Agreement may not be altered, supplemented or amended by the use of any other document unless otherwise agreed to in a written agreement signed by both you and MESFire.com
Acceptance of Terms
MESFire.com, a Municipal Emergency Services Inc. Company, herein Referred to as “MES”, reserves the right to accept or reject any and all orders, regardless of the manner in which the order is made. MESFire.com reserves the right to update these Terms and Conditions ("T&Cs") at any time without notice to you. The most current version of the T&Cs can be reviewed by clicking on the "Terms and Conditions" link located at the bottom of all MESFire.com web pages.
Place of Sale
Except as otherwise provided in these T&Cs, title and all rights, risks and rewards of ownership including but not limited to risk of loss of or damage to a product passes to you on shipment of the product from MES or its agent. You must notify MES within twenty-one (21) days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide MES with a valid tax exemption certificate applicable to your purchase of product and the product shipping destination, you are responsible for sales and other taxes associated with the order. These T&Cs and all sales of products and services are governed by and subject to the laws of the State of Connecticut, and of the United States of America, and the parties submit to the exclusive jurisdiction of any state or federal court for Fairfield County, Connecticut having competent jurisdiction in the event legal proceedings arise from any dispute. No change, modification or revision of your order shall be valid unless agreed to in writing by MESFire.com and/or Municipal Emergency Services Inc. Any terms and conditions set forth in the buyer's purchase order shall not materially alter terms and conditions set forth herein. To the extent that any term or condition in the buyer’s purchase order conflicts with these T&Cs, these T&Cs shall prevail.
The prices and descriptions of our products made on this site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order in the manner set forth herein. An order placed by you constitutes an offer by you to us to purchase products or services on these T&Cs and is subject to our subsequent acceptance. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If we limit quantities in an order or cancel an order altogether, we will refund any prior payment that you have made for the quantities not sold or the cancelled order.
If you refuse or fail to take delivery of products provided in accordance with these T&Cs, any risk of loss or damage to the products shall nonetheless pass and without prejudice to any other rights or remedies MES has. MES shall be entitled to immediate payment in full for the products or services delivered and either to effect delivery by whatever means MES considers appropriate or to store the products at your risk. You shall be liable to pay on demand all costs of product storage and any additional costs incurred as a result of such refusal of failure to take delivery. MES shall be entitled ten (10) business days after the agreed date for delivery to dispose of products in such manner as MES determines and may set off any proceeds of sale against any sums due from you.
Restrictions on the Sale of Specific Products
MESFire.com does not sell or ship internationally at this time. Sorry for the inconvenience.
When you place an order for products that are subject to any legal restrictions, you warrant to us that you are authorized to make such purchase, all information that you provide us is accurate and current, and you are in compliance with all local, state and federal laws concerning the order and your intended use of the products. As a double check to protect the public, please understand that we may verify employment of any person ordering such items. We apologize for any inconvenience this may cause.
MES MAKES NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE PRODUCTS OR SERVICES MES PROVIDES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The warranty for all goods purchased through MESFire.com is limited to the manufacturer's limited warranty policy for the goods purchased. Most manufacturers warrant their products to be free from manufacturing defects in materials and workmanship for a specific period of time. Contact Customer Service for a copy of the manufacturer's warranty. MES's sole liability and the customer's sole remedy for breach of any warranty is limited at MES's option either to: (a) the repair or replacement of the defective product, or (b) the refund of the purchase price of the defective product which is returned by the customer at the customer's cost to the location specified by MES.
Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT MES WAS ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED AND THAT ARE MOST CLOSELY RELATED TO YOUR DAMAGES. IN NO EVENT SHALL MES BE LIABLE FOR SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFIT, OR LOSS OF BUSINESS WHETHER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE PRODUCTS OR SERVICES OR ANY OTHER MEANS, AND REGARDLESS OF THE FORM OF ACTION UPON WHICH A CLAIM FOR SUCH DAMAGES MAY BE BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, THESE LIMITATIONS SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS IN ITS ESSENTIAL PURPOSE.
Privacy and Protection of Personal Information
Links to Third Party Websites
Any links to third-party websites that may appear on this site are provided only as a convenience to you and in no way imply any affiliation, sponsorship, endorsement, or acceptance of any information or views provided on those linked websites. MESFire.com and Municipal Emergency Services Inc. do not monitor the linked websites for accuracy or content, and do not warrant the information contained thereon. The information provided on the linked websites and any warranty with regard thereto is solely the responsibility of the providers of that information. If you decide to access third-party websites through links from this site, you do so at your own risk.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability, and reserve the right to cancel any orders resulting from such errors. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).
You agree to defend, indemnify and hold MESFire.com and Municipal Emergency Services Inc. from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site and/or your breach of any representation, warranty, or other provision of the T&Cs. You shall indemnify us against any and all liabilities, claims and costs incurred by or made against us as a direct or indirect result of our performing services or carrying out any work on or to the products where this has been done to your (or your representative’s) specific requirements or specifications causing infringement or alleged infringement of any proprietary rights of any third party.
Our obligation to you with respect to claims of third parties arising out of or relating to any products sold by MES to you from this site shall be limited to those obligations contained in our statement of limited warranty set forth herein.
All text, graphics, logos, page headers, button icons, scripts, price lists, data compilations Copyright © 2009 MESFire.com, a Municipal Emergency Services Inc. company. All images and content contained on the MESFire.com site not developed or owned by MES are protected by the copyrights of our vendors and used with permission.
7 Poverty Road, 85H Bennett Square, Southbury, CT 06488, U.S.A. All Rights Reserved.