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TERMS AND CONDITIONS

  

The MOUNTAIN HATCH LLC online purchasing website (“this website”) is brought to you by MOUNTAIN HATCH LLC. MOUNTAIN HATCH LLC is the seller of the parts offered for sale on this website

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, and trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, in regard to products purchased on this website. You specifically acknowledge and understand that products offered on this website are subject to U.S. export control laws and regulations. You further certify that you are not a prohibited party under the laws of any applicable jurisdiction and you will not – directly or indirectly – without obtaining prior authorization from MOUNTAIN HATCH LLC and the competent government authorities as required by those laws and regulations: (1) sell, export, re-export, transfer, divert, or dispose of any product offered on this website to any prohibited person, entity, or destination; or (2) use the product for any use prohibited by applicable laws, including the laws or regulations of the United States. 

Acceptance of Terms and Conditions of Use

This website is open to U.S. residents (excluding U.S. territories) who are 18 years of age or older. Your access to and use of this website is subject to these Terms and Conditions of Use (Terms and Conditions). By accessing this website, you agree to be bound by the Terms and Conditions whether or not you have read them. If you do not agree to these Terms and Conditions, do not access this website. MOUNTAIN HATCH LLC may at its sole discretion, with or without notice, modify these Terms and Conditions at any time and such modifications will be effective immediately upon being posted on this website. Your continued use of this website will indicate your acceptance of these modified Terms and Conditions of Use. If you do not agree to the Terms and Conditions or any modification of the Terms and Conditions, then you must immediately stop using this website. By conducting financial transactions on this website, you represent that you are 18 years of age or older. 

MOUNTAIN HATCH LLC reserves the right to change, suspend or discontinue all or any aspects of this website at any time without prior notice. MOUNTAIN HATCH LLC, as website administrator and parts manufacturer, or your dealer may make changes to any products or services offered on this website, or to the applicable prices for any such products or services, without notice at any time prior to placement of your order. The products and services listed on this website may not be up to date, and MOUNTAIN HATCH LLC is not obligated to update them. The products and services offered or referred to on this website are subject to availability and are subject to change without notice.

Tampering with the site, misrepresenting your or any other user’s identity, using buying agents or conducting fraudulent or illegal activities on the website are prohibited. You agree not to use any robot, spider, automated technology, device, or manual process to monitor or copy the information contained on this website and you will not use any of the same to interfere or attempt to interfere with the proper working of this website.

Pricing

MOUNTAIN HATCH LLC is the seller of the parts on this website and all customer prices are set by MOUNTAIN HATCH LLC. MOUNTAIN HATCH LLC does not honor any other pricing as such pricing is noted on any other media site. All transactions are solely between MOUNTAIN HATCH LLC and you, the customer.

Unless noted otherwise, the price displayed for products on this website represents the Manufacturer's Suggested Retail Price (MSRP) listed on the product itself or estimated in accordance with standard industry practice or the price as set forth by Mountain Hatch LLC. These prices do not include materials/handling fees, labor, taxes or any other fees that may apply. MOUNTAIN HATCH LLC is solely authorized to set prices for the product and services, by either accepting the MSRP or setting customer pricing, and for any applicable fees including but not limited to those mentioned herein. Prices are subject to change without notice.

The price of an item will not be confirmed until you order. Further, your credit card will be charged at the time of your confirmed order at which time the panel will be processed for shipping to you. If the item(s) that you ordered are not immediately available, then you will be notified that they are on backorder.

Taxes

The amount of tax charged for your order depends upon many factors, including:

• The identity of the seller 

• The type of item purchased, and 

• The destination of the shipment or location where you will pick it up. 

MOUNTAIN HATCH LLC providing service(s) and/or merchandise on this website charge sales tax in the tax jurisdiction(s) in which we are registered. Taxes not collected by MOUNTAIN HATCH LLC may be your responsibility depending on the laws of the jurisdiction in which the sale takes place. 

How Sales Tax Is Calculated

If an item is subject to sales tax at the location where the sale takes place, tax is generally calculated on its total selling price. In accordance with state tax laws, the total selling price of an item may include, some or all of the following; item-level shipping charges, handling charges if applicable, discounts and an allocation of order-level shipping and handling charges and discounts. 

The tax rate applied to your order will generally be the combined state and local rate for the address where your order is shipped or the location where it is picked up, as required by state tax laws. Therefore, the sales tax rate applied to your order may be different for an order shipped to your home address than it is for an order for the very same items shipped to your work address or items picked up at the dealership. 

Estimated Tax

Many factors can change between the time you place an order and the time your order is shipped. Therefore, the amount appearing on your order as “Estimated Tax” may differ from the sales taxes ultimately charged. 

Payments

As noted above, transactions made via MOUNTAINHATCH.ORG are solely between you and MOUNTAIN HATCH LLC. MOUNTAIN HATCH LLC utilizes a third-party service provider to process payments and store your card information. 

Most US-issued credit and debit cards can be used on this website.  In order to make a payment, you must enter valid credit or debit card information. By submitting an order on MOUNTAINHATCH.ORG, you authorize the dealer to charge your card in the specified amount. You will receive a receipt of your MOUNTAINHATCH.ORG transactions. 

Member Communications

Information you provide to MOUNTAINHATCH.ORG will be handled according to the MOUNTAINHATCH.ORG Privacy Policy which is incorporated by this reference.

Changes

MOUNTAIN HATCH LLC and your dealer reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion. 

MOUNTAIN HATCH LLC reserves the right to change or terminate this website, or any parts thereof, at any time without notice. Any and all changes and/or amendments to these Terms and Conditions will become binding immediately. 

Shipping/Delivery/Pickup

Delivery options you choose are based on items in stock at MOUNTAIN HATCH LLC, from the time that an order is received and processed. MOUNTAIN HATCH LLC cannot ship to PO, FPO or APO boxes or international addresses other than those in Puerto Rico. 

All items purchased from this website are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you when MOUNTAIN HATCH LLC delivers the item to the carrier.  MOUNTAIN HATCH LLC and the dealer reserve the right to refuse to replace orders for customers who have made excessive loss and replacement requests determined at the sole discretion of MOUNTAIN HATCH LLC. 

Orders

MOUNTAIN HATCH LLC is not responsible for orders that are not received. All orders are subject to a verification process, and any information submitted that cannot be verified by a customer’s financial institution(s) may cause delays. 

Order Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify your dealer’s acceptance of your order, nor does it constitute confirmation of your dealer’s offer to sell. MOUNTAIN HATCH LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason in their sole discretion. 

You may cancel an order via this website that is in a pending processing status.  Once an order is processed, it is your sole responsibility to contact your MOUNTAIN HATCH LLC directly if you wish to cancel the order. 

Cancellations, Returns and Exchanges

Your dealer will accept returns or exchanges of most MOUNTAIN HATCH LLC products posmarked within 30 days of your receipt; and, credit you within 30 days. All returns and exchanges must be returned to your dealer in person or via shipping (solely at your expense unless in the case of MOUNTAIN HATCH LLC error), in the original box, in new, resalable condition, with all instructions and hardware, and in the condition, it was received; otherwise, it is at MOUNTAIN HATCH LLC's discretion to accept the return. If you opted not to provide a proper VIN(s) if required, MOUNTAIN HATCH LLC may not be responsible for incorrectly ordered parts. Returns and exchanges may be subject to a restocking fee of up to 10 percent, which will be waived if the return or exchange is due to an error by MOUNTAIN HATCH LLC. Shipping is nonrefundable. 

Attempting to return any parts or assemblies that have been tampered with or modified in a manner that affects the re-salability and/or safety of the part(s) is prosecutable under the law, and these parts or assemblies are not eligible for return credit, refund and/or exchange. 

Product Warranty

No specific warranty is implied. You agree to the "30 Day Satisfaction Guarantee" as provided by MOUNTAIN HATCH LLC in accordance with the proper return policy as noted above in 'Cancellations, Returns and Exchanges'.

Accounts, Passwords and Security

You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify MOUNTAIN HATCH LLC immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by MOUTAIN HATCH LLC or your dealer due to someone else using your user name, password or account. 

You may not use anyone else’s user name, password or account at any time without the express permission and consent of the holder of that user name, password or account. MOUNTAIN HATCH LLC and your dealer cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. 

Errors on the Website

This website may include inaccuracies or typographical errors that may be corrected as they are discovered at the sole discretion of MOUNTAIN HATCH LLC. Errors will be corrected where discovered, and your MOUNTAIN HATCH LLC reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, confirmed and your credit card or PayPal account charged. If your credit card or PayPal account has been charged for the purchase and your order is canceled, your dealer will issue a credit to your account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with MOUNTAIN HATCH LLC's return policy. 

Termination of Use

MOUNTAIN HATCH LLC may, in its sole discretion, terminate your account or your use of the MOUNTAINHATCH.ORG website at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. By entering an order, you accept personal liability for any charges that you may incur even if your account or use of the MOUNTAINHATCH.ORG website is subsequently terminated. 

Limitation of Liability

IN NO EVENT SHALL MOUNTAIN HATCH LLC, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD-PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS WEBSITE; ANY MATERIALS, INFORMATION, QUALIFICATIONS AND RECOMMENDATIONS APPEARING ON THIS WEBSITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS WEBSITE; ANY LINK PROVIDED ON THIS WEBSITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT MOUNTAIN HATCH LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS WEBSITE. 

YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS WEBSITE. 

Further, MOUNTAIN HATCH LLC makes no representation that content provided on the MOUNTAINHATCH.ORG website is applicable to, or appropriate for use in, locations outside of the United States. International order arrangements must be made separately and independent of MOUNTAINHATCH.ORG and are between MOUNTAIN HATCH LLC and customer and may be subject to separate terms and conditions as arranged between MOUNTAIN HATCH LLC and the international customer. 

Indemnification

You agree to indemnify and hold harmless MOUNTAIN HATCH LLC and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions of Use; and (b) your use of this website including transmission or placement of information or material by you on this website. This provision shall survive the termination of your right to use this website. 

Dispute Resolution

All claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to: (a) these Terms and Conditions of Use; (b) this website; (c) any advertisement or promotion relating to these Terms and Conditions of Use or this website; or (d) transactions effectuated through this website, or (e) the relationship which results from these Terms and Conditions of Use (including relationships with third parties who are not party to these Terms and Conditions of Use) (collectively “Claims”), will be referred to and determined by binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association under its rules for the resolution of consumer-related disputes, or under other mutually agreed procedures. Because this method of dispute resolution is personal, individual and provides the exclusive method for resolving such disputes, you further agree, to the extent permitted by applicable laws, to waive any right you may have to commence or participate in any class action or class-wide arbitration against MOUNTAIN HATCH LLC related to any claim. 

This provision shall survive the termination of your right to use this website. 

Governing Law

These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to its conflict of law’s provisions. 

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