Tool Customer Agreement
1. Introduction
The following Terms and Conditions are applicable to all transactions and dealings with JM Custom Builds, LLC, and John’s Tool Shed concerning resale of tools and workshop equipment.
By accessing the Site, utilizing the services of a customer, or by registering as a customer regardless of your physical location, you agree that:
(1) you have read these Terms and Conditions;
(2) you understand these Terms and Conditions; and
(3) you are bound by these Terms and Conditions in your use of the services and the Site.
2. Use of the Site
The Site is intended for customers 18 and older. By accessing the Site or using the Services, customers represent and warrant that you are at least eighteen (18) years old, or any higher minimum age in the jurisdiction where you reside.
2.1. Exclusion of Customers & Rejection of Purchase – JM Custom Builds, LLC may block or reject purchases at its sole discretion for breaches or behavior it finds damaging.
2.2. Purchase – All purchases are final. Items cannot be cancelled or returned.
2.3. Item Removal – Items must be picked up by the deadline set in the listing. Failure to do so may result in the item being deemed abandoned and may incur removal/disposal fees.
2.4. Shortage or Damage Claims – No claims allowed. The only remedy is return of the purchase amount. See Sections 9 and 10.
2.5. Inventory List Bundled Items – Lists are representative. Missing items from pallets will not warrant refunds.
2.6. Refunds – All items are sold AS/IS, WHERE IS. No returns or refunds.
2.7. Time Zones – All communication and timing on the site is based on the local time zone of the business in Gibsonia, PA.
3. Use of Customer Information on the Site
By registering or purchasing, customers grant JM Custom Builds, LLC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable license to use their submitted information and content.
4. Taxes
All listed prices are exclusive of taxes. Customers are responsible for paying applicable taxes at the rate in effect at the time of sale.
5. Use of the Site & Services
Use for fraudulent or unlawful activity is prohibited.
JM Custom Builds, LLC may terminate access at any time.
Use of the Site is at your own risk. Services are provided “AS IS” and “AS AND WHEN AVAILABLE”.
6. Proprietary Rights
All intellectual property rights in the Site belong to JM Custom Builds, LLC or its licensors. No rights are transferred to customers unless expressly stated.
7. Indemnity and Hold Harmless
Customers agree to indemnify JM Custom Builds, LLC and affiliates from any and all liabilities, losses, or claims arising from:
(i) use of the Site,
(ii) breach of the Terms,
(iii) accidents on JM Custom Builds, LLC premises, or
(iv) product use, including injury, loss, or damages.
8. Disclaimer of Warranties
JM CUSTOM BUILDS, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ALL ITEMS ARE SOLD “AS IS.”
9. Limitation of Damages and Liability
JM Custom Builds, LLC shall not be liable for any indirect, punitive, incidental, special, or consequential damages, including lost revenue or sales.
Total liability is limited to the purchase amount paid.
10. Notice
Notices to JM Custom Builds, LLC must be in writing and sent by overnight delivery to:
JM Custom Builds, LLC, 1034 Executive Drive, Gibsonia, PA 15044.
Customer notices via email or USPS are not valid. JM may send notices to the customer’s registered email address; considered received after 24 hours.
11. Choice of Law & Venue
All disputes are governed by the laws of Pennsylvania.
Venue lies in Allegheny County, PA, and customers consent to its jurisdiction.
Objections to jurisdiction or venue are waived.
12. Waiver of Jury Trial
YOU EXPRESSLY WAIVE YOUR RIGHT TO TRIAL BY JURY for any claim or action relating to these Terms.
JM Custom Builds, LLC may file this section in court as proof of waiver.
13. Miscellaneous
These Terms may be amended at any time. Continued use constitutes acceptance.
Invalid provisions do not affect the remainder.
Non-enforcement of a term does not waive future enforcement.
Delays caused by factors beyond control do not constitute breach.
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