Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Prices are in U.S. dollars. Pricing, terms, and conditions are subject to change without notice.
LIMITED TRADE WARRANTY
Underhill International Corporation (Underhill) warrants to its trade customers that its products will be free from original defects in material and workmanship for a period of time (commencing on the date of original sale to the trade customer) as follows:
Following Underhill trademarked products, which include the following categories:
This warranty applies only to Underhill products, which are installed as specified and used as intended for irrigation purposes. This warranty applies only to cataloged products, which have not been altered, converted, damaged, misused, or misapplied. This warranty does not cover products adversely affected by the system into which the products are incorporated, including improperly designed, installed, operated, or maintained systems, or systems using water containing corrosive chemicals, electrolytes, sand, dirt, silt, rust, and scale. This warranty does not cover component failures caused by lightning strikes, (with exception to 2Wire as long as it’s installed per our specification and grounded properly) electrical power surges, or damage caused by freezing environments.
New Customers: New customers will be authorized to purchase on an open account basis by providing sufficient financial information to establish credit. Otherwise, customers may purchase by cash, credit card, wire transfer, or letter of credit terms, if and until an open account is approved.
Establishing Credit: A recent financial statement, including an income statement and balance sheet from the most recent two-year period may be required with a completed Underhill Credit Application. The Underhill accounting department will establish an appropriate credit line after review of these documents and any additional information is requested.
Letter of Credit: Most foreign distributors purchase equipment on a letter of credit basis. If this is required, please request letter of credit issuance instructions from your inside representative at Underhill.
Credit Hold: Customers with unpaid invoices that are past due or who have exceeded their credit limit will be placed on credit hold. Underhill will notify customer of any orders that cannot ship due to credit hold. Credit holds can only be released by the Underhill Accounting Department.
Collection: Past due accounts are subject to an interest charge of 18% per annum.
$100.00 net. Smaller orders billed at this minimum charge. (Does not apply to online orders)
Orders under minimum box quantities are subject to a 5% surcharge.
Net 30 days, past due 31 days.
Standard Orders: Orders placed by 1:00 PM Pacific Standard Time will be processed & shipped within 24 hours - depending on stock availability.
Rush Orders: Orders requesting Next Day Service, placed by 10:00 AM Pacific Standard Time, will be processed & shipped on the same day - depending on stock availability.
All prices quoted are Ex Works Lake Forest, California, USA.
All claims for shortage must be submitted in writing to Underhill customer service within 15 days after receipt of goods.
All returns must have prior approval by Underhill customer service. Customer service will issue an authorization (RMA#) that must be affixed to two sides of the shipping carton. Non-warranty returns must have prior approval, will not be accepted for obsolete or shopworn products, and are subject to 30% restocking charge.
If it is determined that any shipment of product is defective after leaving the factory, a notice will be sent to the customer advising of the situation. The defective product can then be returned to the factory and exchanged for a new product. Underhill International will pay for the cost of shipping recalled product.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Underhill International Corporation. The collective work includes works that are licensed to Underhill International Corporation. Copyright 2003, Underhill International Corporation ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Underhill International Corporation or purchasing Underhill International Corporation products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Underhill International Corporation or to purchase Underhill International Corporation products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Underhill International Corporation. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Underhill International Corporation used in the site are trademarks or registered trademarks of Underhill International Corporation
Limitation of Liability
Underhill International Corporation shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Underhill International Corporation has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Underhill International Corporation product is mistakenly listed at an incorrect price, Underhill International Corporation reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Underhill International Corporation reserves the right to refuse or cancel any such orders 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 cancelled, Underhill International Corporation shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Underhill International Corporation without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Underhill International Corporation may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Underhill International Corporation.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Underhill International Corporation products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Underhill International Corporation products) must be commenced within one (1) year after the claim or cause of action arises. Underhill International Corporation's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Underhill International Corporation may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Underhill International Corporation or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Underhill International Corporation does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Underhill International Corporation is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Underhill International Corporation reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Underhill International Corporation in its sole discretion.
You agree to indemnify, defend, and hold harmless Underhill International Corporation, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Underhill International Corporation may link to sites operated by third parties. However, even if the third party is affiliated with Underhill International Corporation, Underhill International Corporation has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Underhill International Corporation. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Underhill International Corporation seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).