Terms & Conditions

• Tools that have been abused, miss-used, or  considered to be improperly used by the manufacturer.

However, to take advantage of Totally Tools's return guarantee policy, Customer agrees to comply with Totally Tools's Product Return Procedure a set forth below. Any breach of Totally Tools's Return Policy Procedure will result in the loss of Totally Tools's replacement/return guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected.

Product Return Procedure:

• To return a product based upon Totally Tools's replacement/return guarantee, you must call or e-mail our Returns Department and obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the product (described above). Totally Tools will not accept returns without prior authorization and an RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by Totally Tools. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.

   

• Customer is solely responsible for shipping any returned product to Totally Tools. Customer agrees to use only reputable carries capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, Totally Tools's Return Procedure will be breached and Totally Tools will reject the entire return or may choose to impose additional charges against the customer for replacement of the missing component.

   

• Totally Tools will not refund to Customer the original shipping charges. In addition, Totally Tools will assess a 15% restocking fee against the Customer's account on all non-defective returns for refund.

2. WARRANTIES

Totally Tools is a distributor only. Products sold by Totally Tools are not manufactured by Totally Tools. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if any). Totally Tools assigns and passes through to the Customer any warranty of the manufacturer, and Customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products. Totally Tools MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. Totally Tools DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

3. LIMITATION OF LIABILITY

IN ALL CIRCUMSTANCES Totally Tools'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. Totally Tools SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. Totally Tools SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT Totally Tools IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. 5. GENERAL TERMS AND CONDITIONS

Payment Terms; Orders: An order is not binding upon Totally Tools until it is accepted; Totally Tools must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, wire transfer, or some other method prearranged with Totally Tools. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

Shipping Charges: Your total cost for purchase of any product will include shipping and handling charges shown on the Totally Tools invoice.

Price Protection: Our website is updated frequently to ensure that you'll view the latest products and pricing available, and that you receive all of the latest savings. At the time you make a purchase you agree to the listed price. We are unable to make a price adjustment if the price has changed, after an order has shipped. However, if you notify Totally Tools prior to the shipment of your order, we would be happy to make the price adjustment for you. Unfortunately, Totally Tools does not offer price matching for competitors.

Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Totally Tools and Customer shall be governed by the laws of the State of Wisconsin, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Totally Tools and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of Wisconsin, Los Angeles County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Totally Tools that is more than one year after the date of the applicable invoice.

Severability:If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Wisconsin law.

Waiver: The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement: These terms and conditions, together with the Totally Tools's invoice respecting the products ordered by Customer, are the complete and exclusive agreement between Totally Tools and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Totally Tools and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.