Welcome to Easy Rack�s Terms & Conditions of Use

These terms and conditions of use apply to and govern your use of this website site (the �Site�). Your use of the Site signifies your agreement to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use the Site. Easy Rack�s Privacy Policy addresses Easy Rack�s use and release of information collected from your use of the Site.

• Ownership; Restrictions
• Changes to Site or Content.
• Use License.
• Privacy Policy
• Trademarks
• Links to Third Party Sites.
• Easy Rack Information
• Payment Methods
• General
• Taxes
• Freight
• Freight Claims & Shortage
• Return Policy Guarantee
• Return Policy Terms & Conditions
• Return & Exchange Procedures
• Employment Policy

Ownership & Restrictions

Easy Rack owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation, text, images, articles, photographs, and illustrations, audio and video clips collectively the "Content". The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Easy Rack is the owner of the copyright in the entire Site. Easy Rack owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.

Changes to Site or Content

Easy Rack shall have the right, for any reason and in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including but not limited to, Content, features, or hours of availability. Easy Rack may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.

Use License.

Easy Rack grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.

Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Easy Rack that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices.

Privacy Policy

Easy Rack is sensitive to privacy issues on the Internet. We believe it is important that you know how we treat the information about you which we receive on the Internet.

In general, you can visit Easy Rack on the Worldwide Web without telling us who you are or revealing any information about yourself. Our Web Servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on site, pages viewed, etc. Easy Rack uses this information to measure the use of our Site and to improve the content of our Site.

Easy Rack has created this privacy statement in order to demonstrate our firm commitment to our visitors� and customers� privacy.

We use personal information provided on order forms, such as a purchaser�s name, e-mail address, physical address and credit card, to fulfill merchandise orders. We may also use order information to contact a purchaser when necessary, such as when a delivery may be delayed or when an ordered product is out-of-stock. Easy Rack may use personal information to notify consumers about new products or services. If we do, we will provide you with an e-mail address by which you may inform us that you do not wish to receive such materials in the future. Easy Rack will not share any personal information without your written permission with any unaffiliated third parties, unless required by law.

Trademarks

The trademarks, service marks and logos (the �Trademarks�) used and displayed on this Site are registered and unregistered Trademarks of HMKS Ventures, LLC. D/b/a Easy Rack. Nothing on this Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Easy Rack aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Easy Rack or other related companies may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Easy Rack. Fair use of Easy Rack Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

Links to Third Party Sites

This Site may contain links to Sites owned or operated by parties other than Easy Rack. Such links are provided for your reference only. Easy Rack does not control outside Sites and is not responsible for their content. Easy Rack�s inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Easy Rack�s inclusion of the links imply that Easy Rack is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.

Easy Rack Information

THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF EASY RACK OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

NO WARRANTIES; EXCLUSION OF LIABILITY.

EASY RACK MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED �AS IS� AND �AS AVAILABLE� WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. HMKS VENTURES, LLC. SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EASY RACK SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EASY RACK, THEIR AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL THE TOTAL LIABILITY OF EASY RACK, THEIR SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.

Payment Methods

Credit Cards - We currently accept Visa, Master Card, American Express, Discover and Pay Pal. Credit card surcharge may be applicable for using your credit card with Easy Rack. Please be sure to provide your exact billing address and telephone number (the address and phone number your credit card bank has on file for you). Incorrect information may cause a delay in processing your order. Your credit card will be billed upon shipment of your order.

Wire Transfers, Money Orders, Cashier's Checks, Company Checks, & Personal Checks - Easy Rack accepts money orders, cashier's checks, personal checks, and company checks only by mail, and only in U.S. Dollars. For checks, money orders or cashier's checks, please allow up to 5 working days after receipt of payment for clearance of funds before the order is processed. Wire transfer orders are processed immediately upon confirmation of receipt of funds in our bank account. Easy Rack cannot guarantee the availability of a product by the time funds clear or payment is received. We will charge a $25 fee on all returned checks.

For those orders that are qualified as custom orders and which may require special upholstery, color finish, fabrication lead time, etc, your credit card may be billed in advance to ensure availability of funds.  Some custom orders may take up to six (6) weeks to complete.

All International Orders require payment-in-full via bank wire transfer prior to the release of the order.  All wire transfer fees are the responsibility of the client.

General

This Site resides on a server in Houston , Texas , USA . You agree that this agreement and your use of this Site are governed by the laws of the State of Texas , USA . You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Houston, Texas, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Easy Rack has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

Any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Houston , Texas , USA . The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Easy Rack as a result of this agreement or your use of this Site.

Easy Rack�s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Easy Rack�s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Easy Rack with respect to such use.

This agreement constitutes the entire agreement between you and Easy Rack with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Easy Rack with respect to this Site. No modification of this agreement shall be effective unless it is authored by Easy Rack or its affiliates, or unless it is physically signed by an Easy Rack officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Easy Rack in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Easy Rack in printed form.

Taxes

Prices are subject to state and federal taxes, where applicable. All sales within the State of Texas are subject to state sales tax at a rate of 8.25%, unless an exemption or resale certificate is on file prior to shipping.

Freight

F.O.B. point of shipment, within U.S.A. and Canada . Freight is calculated to point of shipment within the continental borders of U.S.A. Delivery to Freight Forwarders or similar agents of the buyer and further shipment and must be arranged by buyer. Drop shipment orders plus freight charges to third parties must be prepaid. Delivery must be made to a residential or business address. No P.O. Box is acceptable. Inspect shipments immediately for damage.

Our standard method of shipping orders to Hawaii , Alaska and Puerto Rico is via UPS 2nd day service. All other United States possessions, including Guam, the U.S. Virgin Islands, and American Samoa, are treated as International orders, and are shipped UPS Express.

International shipments to Canada are shipped via UPS Express service in most cases. We are not responsible for any additional charges and/or delay of delivery due to International Customs Regulation, or any duties, brokerage fee, tariffs or international taxes that may be applicable. Please allow 2-3 weeks for delivery on parcels shipped internationally via air services due to International Customs Regulations. The actual shipping cost may vary from the quote by the shopping cart.

All shipments that are refused or undeliverable at the shipping address are subject to a 15 percent restocking fee.

If you have questions or concerns about your order and/or shipping procedures, please contact us via e-mail at [email protected]

Additional shipping charges may apply for oversized items or international orders.  Thank you!

Freight Claims & Shortage

All claims for lost or shortage shipments or damaged merchandise in transit, concealed or apparent, caused by a freight carrier, must be filed directly with the freight company. Title to all merchandise passes to the buyer upon consignment to carrier. Owner must initiate freight claim.  All products are shipped UPS or FEDEX unless specified otherwise. Delivery is scheduled for 2 to 4 weeks after receipt of the order. Contact the factory for rush orders.

It is the customer's responsibility to check all import regulations in the country of the final destination prior to placing the order.  The customer is responsible for all import tariffs and duties.  The customer must address any losses/ damages which may have occurred during transit or upon inspection by the local customs agency directly with the freight company or the agency.  All international orders are FINAL and are not returnable or refundable.

Return Policy Guarantee

Easy Rack warrants its products against defects in material and workmanship. Without charge, Easy Rack will either repair or replace (Easy Rack reserves the right to decide between repair or replacement) any properly installed Easy Rack product which fails under normal operating conditions within the specified warranty period of one-year for fixtures (excluding lamps/bulbs) and transformers, from the date of invoice, provided it is returned to the factory, transportation prepaid, and our inspection determines it to be defective under the terms of this warranty. This warranty covers only equipment manufactured by Easy Rack and does not apply to any equipment of another manufacturer used in conjunction with Easy Rack equipment.

Equipment of another manufacturer sold is warranted for 30 days from the date of delivery. Following this 30 day period, the warranty reverts to the original equipment manufacturer.

Return Policy Terms & Conditions

Returned items that have suffered physical damage by the customer will not be accepted for any reason. Lighting components may be returned within a period of 30 days from the date of delivery, and are subject to a 25-35% restocking fee. Defective parts or systems will be exchanged with the same parts or systems, using the same shipping method of the original order.  Additionally expedited shipping may be requested by the customer; however the customer will be responsible for the difference in price between the original shipping method and the shipping method requested at the time of the replacement.  Shipping is non-refundable. All returns must be accompanied by a Return Goods Authorization (RGA) number, unless otherwise specified. Sales on electrical components such as lamps/bulbs and relays are final and nonrefundable. Custom fabricated Easy Rack trims are not returnable.

Return & Exchange Procedures

To request an RMA (Return Merchandise Authorization), send an email [email protected]; remember to include your name, date of purchase, reason for return, and order number in your email request. Refunds for credit card purchases will be credited back to the original credit card, only. Refunds for cash or check will be mailed to the original customer.

All returned items must be received in the original packaging, undamaged, with no missing parts, instructions or accessories, and must be in resalable condition. Please include the RMA # on the return shipping label.

Click here to submit an RMA request

Pricing and Typographical Errors

Due to the nature of the lighting products industries, all prices are subject to change without notice. We make every effort to provide you the most accurate, up-to-the-minute information. Despite our best efforts, a small number of the items on our web site may be incorrectly priced.

In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, Easy Rack shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.

While we make every attempt to verify prices before charging your credit card, Easy Rack shall have the right to refuse or cancel any orders placed on incorrectly priced product whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Easy Rack shall immediately issue a credit to your credit card account in the amount of the incorrect price.

We believe that day-in, day-out, our pricing is very attractive relative to our competition. Combined with our product assortment, product availability and service level, we believe that we offer a compelling shopping experience. With that in mind, we do not "match" competitor's pricing or offer price protection.

Employment Policy

Easy Rack is an Equal Opportunity Employer. Applications must be completed in person by the applicant at Easy Rack's office. Applications will only be accepted when Easy Rack is hiring. Incomplete or reproduced applications will not be acted upon. No person will be hired without an interview. Interviews will be scheduled at the convenience of Easy Rack. Applications will be considered active for 14 days. In order to be eligible for hire, an applicant must have the skills and ability to perform the job, employment references as to character as well as willingness to work, to accept the offered salary, and to be personally interviewed. Easy Rack gives certain preferences in hiring, but in no circumstances will Easy Rack cease to be an Equal Opportunity Employer. Those hiring preferences are first to previous employees of Easy Rack, next to family members of current employees, next to persons referred by present employees, and then to applicants at large.