Quality Closeouts

Terms of Use

Terms of Use Agreement

Welcome! We maintain this web site as a service to our recurring customers. With each use of our web site ("Site"), you agree to comply with and by bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain goods from the Site.

Acceptance of Agreement. You agree to the terms and conditions outlined in this User Agreement ("Agreement") with respect to our Site. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Products, Quantities and Prices. Due to the nature of our business and the Site the products, quantities available and prices will vary. Products, quantities and prices shown on the Site are merely representative of the type of products that we typically have. If you place an order for a certain product or a specific quantity of a product, that product may no longer be available and, if it is available, we may not have enough/any in stock to fill your order. By displaying products, quantities and prices on the Site we are NOT creating an offer for sale. Your order shall be the first offer and shall not be deemed a counteroffer. We will have no obligation to accept your offer. If you like a product, talk to your sales person and submit an order. We will contact you to accept or decline your offer as soon as is reasonably practicable. Should you have any questions regarding the products, quantities available or prices, please Contact Us.

Merchandise Guarantee. We guarantee the items shipped to be new and in good salable condition, unless otherwise specified as reconditioned or used.

Terms. At our sole discretion, we issue net thirty ("30") days from date of invoice. To qualify for net 30 terms, you must have supplied a Quality Closeouts credit application. Service charges will be added thereafter at a rate of 1% per month on past due balances. Visa, MasterCard, American Express and Discover cards are accepted. If we deem it necessary, we reserve the right to require cash in advance, or other terms, as warranted.

Minimum Orders. All orders must be for at least $1,000, or will not be accepted. All orders placed with a credit card must be for at least $1,000, or will not be accepted.

Freight Terms. Our policy is to have the freight carrier count the number of cartons shipped and record this on a bill of lading. Your receiving department must verify the carton count on incoming merchandise. Any carton shortage or damage must be noted on the bill of lading at the time of receipt. Any carton shortage or damage incurred in transit will necessitate the customer filing a freight claim directly with the freight carrier. We will assist in facilitating your claim, but we shall have no liability for damage, destruction or theft by a carrier.

Concealed Shortage & Damage Claims. In the event you experience a shortage or damage to merchandise packaged inside cartons, your claim must provide us written notice within ten ("10") days of receipt of shipment. Failure to provide adequate notice and follow these procedures constitutes an irrevocable waiver of your right to return and refund.

Returned Goods. No merchandise may be returned to us without our prior written authorization. Merchandise that is authorized by us to be returned must be returned within thirty ("30") days of the date of the authorization form, or the merchandise will be refused and you will be responsible for all costs incurred by you, third parties and us. Damaged and defective merchandise authorized by us for return must be returned to our warehouse freight prepaid and must be accompanied with the authorization number we provide. All merchandise returned without our prior authorization or sent collect will be refused by us and will be returned to you at your sole expense. We reserve the right to replace returned merchandise or, if no stock is available, to credit your account. . Failure to provide adequate notice and follow these procedures constitutes an irrevocable waiver of your right to return and refund.

Defective Merchandise. Manufacturers warranties are as stated at the time of sale. Some manufacturers warranties require merchandise to be returned directly to their service centers. Authorized items must be returned to our warehouse freight prepaid. Upon receipt of the merchandise we will issue you a credit. You give us written notice before you return any defective merchandise and follow the other procedures set forth in this Agreement. Damaged and defective merchandise authorized by us for return must be returned to our warehouse freight prepaid and must be accompanied with the authorization number we provide. All merchandise returned without our prior authorization or sent collect will be refused by us and will be returned to you at your sole expense. Failure to provide adequate notice and follow these procedures constitutes an irrevocable waiver of your right to return and refund.

Intellectual Property. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary ("including, without limitation, intellectual property") rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by the Limited Right to Use Section of this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. You shall not be permitted to copy or reproduce any portion of the Site.

Trademarks. Quality Closeouts is a registered trademark of Quality Closeouts, LLC. Other product and company names mentioned on the Site may be trademarks of their respective owners.

Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal use and not for publication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

Indemnification. You agree to indemnify, defend and hold us and our members, partners, staff, subsidiaries, employees and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation of this Agreement or use of the Site.

Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or document is not transferable, and shall be held strictly confidential.

Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED AS-IS, AS AVAILABLE, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, VIRUSES, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU ACTUALLY PAY TO US FOR ANY GOODS, SERVICES OR INFORMATION.

Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Eligibility for Membership. The Site is available only to individuals over 18 years of age and businesses that can form legally binding contracts under applicable law. If you do not qualify, please do not use the Site. Upon acceptance of this Agreement, your completed Registration Form shall be submitted to us. We reserve the right to disapprove, curtail or terminate your membership registration and use of the Site at any time, for any reason and in our sole discretion without notice to you.

Termination. This Agreement constitutes a binding agreement between you and us until terminated by us, which we may do at any time, for any reason and in our sole discretion without notice to you. If you become dissatisfied with the Site, in any way, your only recourse is to immediately discontinue use of the Site.

General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding use of the Site, our products and services, and your purchases and browsing.

No Agency. You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement or your use of the Site.

Notices. Except as expressly stated otherwise, all notices shall be given by registered mail, return receipt requested and postage prepaid to: Quality Closeouts, LLC, 4419 Hudson Bend Road, Austin, Texas 78734 (in the case of us), or to the email address you provided to us during the registration process, if applicable (in your case), or such other address as the party shall specify. Notice shall be deemed given upon receipt.

Third-Party Services. We may allow access to or advertise third-party merchant sites ("Merchants") from whom you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a responsible party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTIBILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER WEB SITE LINKED TO OUR SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES.

Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on their respective web sites. We are not responsible for information provided by you to Merchant. We and the Merchants are independent contractors and neither party has the authority to make any representation or commitments on behalf of the other.

Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. All fees and prices quoted are in U.S. Dollars.

Securities Laws. The Site and the information contained herein does not constitute an offer or of a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents, nor any of the securities-related filings or documents promulgated by our parent company.

Links to Other Web Sites. The Site contains links to third-party web sites. We are not responsible for the content, accuracy or opinions expressed in such third-party web sites, and any such third-party web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked third-party web site on the Site does not imply approval or endorsement of the linked third-party web site by us. If you leave the Site and access these third-party web sites, you do so at your sole risk.

Copyrights and Copyright Notices. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information:

Notices should be sent to:

Quality Closeouts, LLC
4419 Hudson Bend Road
Austin, Texas 78734

 

Information and Press Releases. The Site may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press releases or otherwise, should not be relied upon as being provided or endorsed by us.

Miscellaneous. This Agreement shall be treated as though it were executed and performed in Austin, Texas, and shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principals. Any cause of action by you with respect to the Site (and/or any information, goods or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All legal proceedings arising out of or in connection with this Agreement (and/or any information, goods or services) shall be brought solely in Austin, Texas. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. All actions shall be subject to the limitations set forth in the Disclaimer Section and Limits Section of this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement constitutes the entire and only agreement between us and you and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, goods and services provided by or through the Site, and the subject matter of this Agreement. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

The Site is operated by Quality Closeouts, LLC, a Texas limited liability company, 4419 Hudson Bend Road, Austin, Texas 78734. Please Contact Us with any questions or concerns regarding this Agreement or the Site, or call us at (512) 266-8880.