Terms and Conditions
GENERAL CONDITIONS
This website is operated by Stillman Co. D.B.A Troy Stillman. Throughout the site, the terms “we”, “us” “the seller” “Stillman Co” and “our” refer to by Stillman Co. D.B.A Troy Stillman. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional Terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. We reserve the right to refuse service to anyone for any reason at any time.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Questions about the Terms of Service should be sent to us at stillmanco@gmail.com.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. A breach or violation of any of the Terms will result in an immediate termination of your Services.
ONLINE STORE
Our store is hosted by Big Commerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you. While we endeavor to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
In no event shall we be liable for any claims, penalties, loss, damage or expenses, howsoever arising, out of or in connection with your use of the Website, including, without limitation, direct or indirect loss, consequential loss or damage, loss of profit or goodwill, loss of data, loss arising from use or inability to use the Website, loss arising from any errors or omissions in the Website as a result of breach of contract, negligence, delict.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue or remove any product at any time. Any offer for any product or service made on this site is void where prohibited.
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 that 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.
SALES TAX
Laws regarding the collection of sales tax vary by location and undergo frequent change in content as well as interpretation by governmental agencies. It is our understanding that customers, whether business or individual, bear the responsibility of reporting purchases that are shipped across state lines and to pay the state and any applicable local sales taxes as per their local laws and regulations.
We are registered in and conduct business within the state of Wisconsin and therefore collects sales tax for orders billed or shipped within the state of Wisconsin. Organizations with current and valid sales tax exemptions may request an exemption for sales tax collection by contacting us and providing a copy of required documentation. Sales tax laws and regulations apply to all businesses and individuals within the United States.
Sales tax for shipments within the state of Wisconsin should calculate on checkout. In order to assess proper sales tax on orders picked up at one of our warehouse locations the Neenah, WI address must be listed as shipping address at checkout, failure to pay proper sales tax on pickup orders will require an additional payment on pickup.
SHIPPING
Purchases are available for pickup as well as shipping through third-party carriers. Upon purchase you resume all liability for products you intend on picking up. For local pickups of equipment you are allowed 7 days maximum for pickup without prior written consent.
Buyer agrees to accept all costs associated with shipping that may occur in addition to quoted amount from seller including but not limited to all accessorial, inaccessible, redelivery, liftgate charges, residential delivery, missed delivery, rejected delivery, return shipments, stored, held or delayed shipments. Buyer agrees to hold Stillman Co harmless for all shipping damages or losses for any reason in transit and agrees to accept product as is upon delivery and not allow Stillman Co. to incur any further costs. Stillman Co. incurs no liability for shipping products.
SHIPPING INSURANCE
Stillman Co. may purchase shipping insurance from a third party to cover shipments. Buyer agrees to purchase their own cargo insurance policy if they wish to find one in addition to that provided by trucking company or freight broker. All insurance claims are the responsibility of the freight broker, carrier and their cargo insurance providers. Buyer agrees to hold seller harmless for all costs or liabilities over what shipping insurance may or may not cover. Buyer agrees to cooperate and be timely with all responses to requests made by shipping insurance companies involved. Seller agrees to cooperate with shipping insurance
PAYMENTS
We accept all major credit cards including Visa, MasterCard, American Express, and Discover. Other payment options are Paypal and Pay at Pickup. We offer a discount for payments by Bank Wire Transfer (8% Discount on first $5000 of Subtotal, 3% thereafter on remaining balance subtotal amounts over $5000). We do not offer financing.
CHARGEBACKS, CREDIT CARD DISPUTES OR REVERSED PAYMENTS
Buyer and seller agree that all payment disputes shall be handled using Terms and Conditions in this agreement and in writing by communication between buyer and seller or their legal counsel. Any payment disputes or unresolved payment disputes shall be resolved by court process and jurisdictions referenced in this agreement. Buyer agrees to pay for all mediation costs should they be required.
To avoid problems with payments and potential massive civil and possibly criminal liabilities to buyer in the event of dispute, Seller hereby suggests using a certified bank wire as form of payment on large transactions. Seller agrees to accept wire transfer or cash minted from the treasury of the United States of America as a guaranteed form of payment for all transactions to avoid payment processor fees or customer credit card reversals. Buyer accepts responsibility for knowingly or unknowingly providing counterfeit payment to seller. Buyer accepts all responsibility for voluntary or involuntary, directly, or indirectly, stopping or causing returned or invalid payment to or from seller at any time.
All disputes, inspections or concerns about product or shipping shall be handled and settled before final sale and payment occurs. Buyer agrees not dispute or attempt to dispute, to stop or reverse any payment made to seller for any reason for products and or services purchased from the seller. Buyer accepts all liability for their payments, any error in those payments and methods used for payments whether executed by seller or a third party to the seller.
If buyer initiates any chargeback, credit card dispute with their or any other financial institution or reverses any payment for any reason they will be liable for all costs to seller including but not limited to third party costs, lawsuits, returned payments, bank fees and government liability or fines caused to seller due to fund reversal. Any chargeback action in breach of this agreement will be subject to numerous fees and liabilities to the buyer in addition to equipment purchased.
Additional fees include but are not limited to all costs incurred by seller as a result of buyers action, interest of 24% APR compounded daily until paid on funds held or revoked and a penalty of no less than 10% of the transaction or $75 per man hour for Stillman Co. office labor and $400 USD per man hour whichever is greater for seller to rectify using accountants or legal counsel, per occurrence as a processing fee. In addition, buyer accepts all costs to seller for any chargeback action taken for any reason against seller along with all costs, lost profits, lost equipment costs to reclaim payment.
Denied, revoked, NSF, returned, or disputed payments may impact shipping if in transit. Buyer agrees to accept all costs and liability of goods and shipping whether delivered, in transit, or still at seller location. If any revocation of payment occurs for any reason buyer agrees to allow Stillman Co to return goods when possible to our preferred location at cost to buyer. Buyer in every case of chargeback or fund revocation from seller and will reimburse all seller losses including but not limited to profits, costs incurred, legal fees, damages, lost time at work and for mentioned interest on balances until paid in full.
Not following Terms of this agreement could be considered a criminal act and Stillman Co. will pursue all legal criminal and civil including restitution remedies at buyers cost to retrieve loss of equipment, lost profit, and replevin action.
RETURNS
14-Day Return Policy: If you would like to return an item in precisely the same condition you received it, we would be happy to assist in the return, if you contact us within 14 days of purchase. Unless otherwise waived in writing by Stillman Co., all returns are subject to a 20% restocking fee and buyer is responsible for shipping and insurance costs to and from their location. All shipping costs are non-refundable.
To be eligible for a return, your item must be in the same condition that you received it. If you need to return an item, please Contact Us with your order number and details about the product you would like to return. We will respond quickly with instructions for how to return items from your order. Items sent back to us without first requesting a return will not be accepted. Buyer agrees in no case is ANY shipping or return shipping refundable.
Buyer agrees to hold Stillman Co. harmless for all products purchased whether used, unused, kept or returned. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors service will be corrected.
Buyer agrees that returns or credits are not guaranteed and may only be partial or rejected if equipment is used, removed from crate or packaging, not installed correctly, not installed by licensed tradesmen, not checked by trained technicians, or altered in any way. Buyer is responsible for all outgoing and return shipping costs. Buyer accepts all shipping costs in every instance, for every item, regardless of reason. Buyer agrees to pay all return shipping costs timely and immediately, when necessary.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We take every precaution when adding listings to our website in presenting this information to you as accurately as we can, although errors and omissions do occur from time to time. If you see any discrepancies, potentially incorrect information or have any other questions about products we offer, please contact us via email or call us at 920-419-3898.
When purchasing an item, please make sure to read the description as well as look at the image before committing to the purchase. All items are AS IS. You may come and inspect items locally before or at time of sale. Customer agrees not to hold seller liable or accountable for inventory, problems, errors or supplier issues and buyer accepts that seller reserves the right to refuse or cancel, refund any order for any reason.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We suggest personally coming to inspect any equipment before you buy it if you have any questions about it or do not trust pictures.
All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
IMAGES
All pictures shown on our website are the best available at the time the item is added to our website and may not accurately reflect product updates or features. Pictures may also contain optional accessories which must be purchased separately. In cases where an accurate image was not found, we may use a representative or a place holder image.
AVAILABILITY
Products and services may on occasion have limited or no availability. We try to fulfill every order in a timely manner. Please note that nothing on this site constitutes a guarantee that we will supply goods or services.
BILLING & ACCOUNT ACCURACY
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. Buyer agrees to hold seller harmless for all liabilities, injuries, that occur due to equipment loading, removals, deliveries, and tools used during delivery or pickup regardless of who's property the buyer is on when it occurs. Buyer agrees to provide, use, and wear adequate safety gear for themselves.
Buyer acknowledges and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PRIVACY POLICY
We keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, payment information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience.
We use "cookies" to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time.
Secure servers protect your information using advanced encryption techniques and firewall technology.
We respect your privacy. We will only use information you provide to communicate with you regarding your purchase, payment, shipping, and potential future orders. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, we reserve the right to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you provide us information in connection with your purchase, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have an ulterior purpose, we may refuse you access to our website and products and pursue any appropriate legal remedies.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER
Except as otherwise provided in the standard terms of sale that govern the sale of each product on this site, this site, the products offered for sale on it and the transactions conducted through it are provided by us on an "as is" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site (and on the webpages to which that webpage links). To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy and system integration.
INDEMNIFICATION & LIABILITY
You agree to indemnify, defend and hold harmless Stillman Co. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In no case shall Stillman Co., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States. Buyer accepts Origin of sale to be considered in jurisdiction of Wisconsin. You agree and accept that the rights and obligations of the parties hereunder shall be determined, in accordance with State of Wisconsin law without regard to choice of law doctrines. The parties agree to submit to personal jurisdiction of Wisconsin courts for any action relating to or arising under the terms, conditions, disclaimer as set forth above. Venue for any action arising under or relating to this transaction shall be in the court of appropriate jurisdiction for Winnebago County Wisconsin United States. If any proceeding is brought to enforce a party’s right under this agreement, the losing party shall pay all legal costs and attorneys' fees of the prevailing party.