Terms and Conditions

Terms and Conditions:

 All purchases from HPI International Inc. (“HPI”), including those made via HPI.com (the “Site”) are subject to the following terms and conditions. By making a purchase from HPI, you accept and agree to the following terms and conditions.


- In response to customer request - we have lowered our minimum order for a limited time only. Through December 22, our minimum order has been reduced to $300 U.S., exclusive of shipping charges and to meet the needs of our customers. Any orders placed below $300 U.S. will not be processed.

-Every customer must be an authorized reseller and must have a proper Tax Identification number and a valid reseller’s certificate issued by the appropriate government agency or authority. By placing an order with HPI, you consent to HPI’s verifying the validity of the reseller’s certificate. The failure to provide both a valid Tax Identification number and reseller’s certificate will result in your order not being processed.

-All purchases will be shipped via UPS at your expense. All orders shipped to addresses in the continental U.S. that are over $850, exclusive of shipping costs, will be eligible for free standard shipping)

-Each individual order is subject to review by HPI, and may be canceled at HPI’s sole discretion.

-All prices advertised on the Site are subject to change at any time without notice.

-HPI is not responsible for any typographical errors on the Site.
-First time credit card customers must have either: (i) matching billing and shipping addresses; or (ii) a verified shipping address. The failure to comply with this term and condition shall result in the cancellation of such customer’s order.
 

Credit / Return Policy
 

HPI International prides itself in shipping your orders quickly and accurately.  On those occasions when you believe that a shipping error has occurred, or that your goods were damaged in transit, you must do one of the following:
A. Call HPI Customer Service, 800-235-1002 ext 243.
B. Fax HPI Customer Service, 800-474-3174
C. E-mail HPI Customer Service, webhelp@hpi.com 

1. Short shipments or Shipments in Error: HPI Customer Service must be notified within 15 days of the date of the invoice, in one of the manners set forth above, of all short shipments or shipments in error.  No credit will be issued for shipping errors unless HPI is notified within 15 days from the date of the invoice. Your failure to notify HPI within 15 days of the invoice date will result in the automatic denial of your claim, and you will be liable for the full amount of the invoice.

2. Damage in Transit or Concealed Damage: HPI Customer Service must be notified within 10 days of the date of the invoice of all damage in transit or concealed damage. No credit will be issued for damage unless HPI is notified within 10 days from the date of the invoice. Your failure to notify HPI within 10 days of the invoice date will result in the automatic denial of your claim, and you will be liable for the full amount of the invoice.
1. 
   A. For goods shipped FOB Origin, you are responsible for filing the claim with the freight carrier, and no deductions  against an HPI invoice are permitted.  HPI’s invoice must be paid in full and it is your responsibility to pursue and collect the claim from the carrier.
2. B. For goods shipped FOB Destination, HPI will file the freight claim and issue credit to your account, providing the original packaging material and damaged goods are retained for inspection by the carrier.  If HPI Customer Service is not notified within 10 days of the date of the invoice, or if the original packaging material and damaged goods are not retained by you for inspection by the carrier, HPI will not issue credit and the invoice must be paid in full.

3. No credit will be issued for pricing errors unless HPI is notified within 15 days of the invoice date. 

First Time Ordering Rules:

If you are a first time online customer or if you are using a new or different credit card for the first time at HPI.com, upon completing your online order you must fax a copy of both sides of your credit card to 1-718-768-2141. Please allow 72 hours after the fax is received for verification.

Please include the order number that you will get upon completion of your order together with the copy of your card. Your card will be charged and the merchandise committed upon submission of your order.

If you wish to open a credit account with HPI, fax your credit application to the number listed above. Please allow 4 to 5 business days to validate your application with your bank and references.

REMINDER: Your order will not go out without a valid reseller or Federal Tax ID number.

If you have previously ordered online, no fax is required. (Note: If you ordered online before, the only way the web site can recognize you as a repeat customer is if you use the same login and do not change the billing address.)

International Shipping Rules:

All orders will ship via International UPS. The price of shipping will be dependent on the weight, value, and destination of your merchandise. The shipping cost will be e-mailed to you within 24 business hours from the acceptance of your online order in accordance with the applicable terms and conditions set forth above.

HPI is not responsible for, and can offer no specific advice on import fees, duties, customs, or taxes that you may be charged when your merchandise reaches you, and urges you to consult your local government import office with any questions.

Miscellaneous

Disputes:

In the event of a dispute between you and HPI in connection with a pending transaction, you are required to comply with the terms and conditions set forth herein. If the dispute cannot be resolved within 15 business days, you may commence an arbitration proceeding before the American Arbitration Association (“AAA”) in New York, New York, subject to the AAA’s rules for arbitration of commercial disputes then in effect. All aspects of the dispute, including the interpretation and enforcement of this agreement, shall be subject to arbitration as set forth herein.

Interruption of Service:

HPI shall take all commercially reasonable efforts to make the Site available. However, HPI is not responsible for any damages or losses related to any system errors or interruptions affecting the Site and the processing of any online orders. You understand that the Site may be unavailable unexpectedly as a result of circumstances beyond HPI’s control or routine maintenance. You agree not to attempt any action which may disrupt the Site, including transmitting any virus-infected files or software routines, bulk e-mail solicitations, or reverse engineering of any of HPI’s programs or infrastructure.

Changes to Site:

HPI reserves the right, in its sole discretion, to modify, suspend or terminate any aspect of the Site, including, but not limited to, content, features, news and information, and product categories without notice.

Third Party Links:

The Site may contain links to other websites or resources for the convenience of customers in locating related information and services. You acknowledge and agree that HPI is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that HPI endorses the linked site. You use the links, and rely on any information contained therein, at your own risk.

Jurisdiction:

These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York without regard to the conflicts of law provisions thereof. Any right to trial by jury with respect to any claim, action, suit or proceeding arising out of these terms and conditions, or any of the matters contemplated hereby, is waived. You further agree to the exercise of personal jurisdiction in the State of New York in connection with any dispute or claim involving HPI.

Severability:

If any provision of these terms and conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible and the remainder of these terms and conditions shall continue in full force and effect.

Disclaimer of Warranties:

THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. HPI DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY SYSTEM INTEGRATION OR QUIET ENJOYMENT. HPI DOES NOT WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. HPI MAKES NO WARRANTY THAT THE LISTED MERCHANDISE OR THE SITE WILL MEET USERS' REQUIREMENTS OR EXPECTATIONS. NO ADVICE, INSTRUCTIONS OR INFORMATION RECEIVED BY A CUSTOMER, WHETHER ORALLY OR IN WRITING, FROM HPI SHALL CREATE ANY WARRANTY BY THE COMPANY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability:

IN NO EVENT SHALL HPI BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (a) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY ANY MERCHANDISE LISTED ON THE SITE; OR (b) DEFECTS IN SUCH LISTED MERCHANDISE ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION PRODUCT LIABILITY. IN ADDITION, IN NO EVENT SHALL HPI BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE CONTENT INCLUDING WITHOUT LIMITATION ANY MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF HPI OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

The customer and HPI agree that the limitations of liability set forth will survive and apply even if any limited remedy specified in these terms and conditions is found to have failed its essential purpose. Some jurisdictions may not allow the limitation or exclusion of incidental or consequential damages, so the above limitation may not apply to certain customers.

Waiver:

The failure of HPI to exercise or enforce any right or provision of these terms and conditions will not be deemed a waiver of such right or provision.

Intellectual Property:

HPI’s intellectual property ("HPI IP") is all inventions, know how, improvements, discoveries, methods, processes, concepts, designs, ideas, prototypes, samples, drawings, blueprints, specifications, computer or intellectual property programs, methods of doing business, copyrights, trademarks, trade names, software and/or other works conceived of and/or reduced to practice or writing or otherwise relating to the Site. HPI IP may be created by one or more of HPI's employee(s) alone or jointly with a customer or customers arising from the use of the Site. All right, title and interest in any HPI IP shall belong to HPI and shall be subject to the conditions of these terms and conditions. The customer hereby irrevocably assigns to HPI all right, title and interest HPI may acquire in any HPI IP. HPI may, at its option, file an application for intellectual property protection for HPI IP. If any such HPI IP is created with a customer's participation, such customer agrees to cooperate with HPI to assure that such application(s) will cover, to the best of the customer's knowledge, all related assets, including all features of commercial interest and importance. HPI IP is the sole and exclusive property of HPI, unless otherwise stated and may not be used without the prior written consent of HPI.

Trademarks:

The Site and the HPI’s tradenames, domain names and logos found on the Site are trademarks or service marks of HPI. No display or use of such marks may be made without the express written permission of HPI.

Entire Agreement:

These terms and conditions constitute the entire agreement between the customer and HPI, and it super-cedes any previous agreements, whether oral or in writing, between the customer and HPI. HPI may, at its sole discretion, remove or change any aspect of these terms and conditions. Any change to these terms and conditions will be communicated to the customers before its enforcement.