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
from your use of the Site.
to Site or Content.
to Third Party Sites.
Claims & Shortage
Policy Terms & Conditions
& Exchange Procedures
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,
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.
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.
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.
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
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
INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN
ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET
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
WARRANTIES; EXCLUSION OF LIABILITY.
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.
STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
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,
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.
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.
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.
This Site resides
on a server in
. You agree that this agreement and your use of this Site are governed by the
laws of the State of
. 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
. 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.
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
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.
Prices are subject
to state and federal taxes, where applicable. All sales within the State of
are subject to state sales tax at a rate of 8.25%, unless an exemption or
resale certificate is on file prior to shipping.
point of shipment, within
. 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.
method of shipping orders to
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.
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
All shipments that
are refused or undeliverable at the shipping address are subject to a 15 percent
If you have
questions or concerns about your order and/or shipping procedures, please
contact us via e-mail at [email protected]
shipping charges may apply for oversized items or international orders.
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
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
Return Policy Terms & Conditions
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
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.
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.