HEELY-BROWN COMPANY, INC. POLICIES

1. Entire Agreement. Any agreement for the purchase of goods and/or services from Heely-Brown shall be governed by and is made subject to these Heely-Brown Business Terms and the Returns Policies stated below (collectively, the "Agreement"). This Agreement constitutes the entire agreement between the parties relating to the products and services provided by Heely-Brown to Customer. This Agreement may not be amended or modified except by a written instrument executed by the party against whom enforcement is sought, provided that Heely-Brown may, at its sole option, revise the Agreement from time to time without notice to Customer by posting the revised Agreement terms on its web site. Prices and availability are subject to change without notice.
2. Accuracy of Data. Heely-Brown obtains certain data directly from the manufacturer or distributor of certain products. While Heely-Brown makes every effort to ensure the accuracy of this data, this web site could include typographical errors and/or technical inaccuracies. Heely-Brown reserves the right to make improvements and/or changes to such data and/or this web site at any time. Heely-Brown makes no warranty of any kind with respect to the data on this web site or the accuracy of advice given by Heely-Brown employees, whether or not such advice is made in writing.
3. Representations; Changes and Corrections. Photos may not represent actual product. Typographical, product description, pricing and other errors are subject to correction by Heely-Brown even after orders and/or payments are accepted. Additionally, Heely-Brown may make pricing changes needed to avoid material profit losses due to manufacturer price changes, changing market conditions or product discontinuation, even after orders and/or payment are accepted. Heely-Brown may revise or rescind an order to correct an error or pricing issue not detected until after fulfillment of such order, and Customer may either accept Heely-Brown's proposed revision to the order or rescind the order if such proposed revision is unacceptable. In the event an order is rescinded due to Heely-Brown's error or pricing adjustment, Heely-Brown will bear all shipping costs and Customer will receive a full refund for products returned in new condition. Although Internet orders generate an automatic confirmation and response e-mail, Heely-Brown may change its pricing, product description or specification after any order confirmation or response e-mail but prior to shipment due to errors, changing market conditions, product discontinuation or typographical errors.
4. Customer's Responsibility for Certain Shipping Charges. If Customer requests shipping charges be paid either on a collect basis or on Customer's account with the shipping company, and Customer refuses the shipment or refuses to pay the applicable shipping charges, Heely-Brown may bill Customer, and Customer agrees to pay Heely-Brown, for all resulting charges incurred by Heely-Brown either directly or through its supplier.
5. Delivery. All equipment will be delivered to Customer f.o.b. from Heely-Brown's facility or the facilities of any of Heely-Brown's vendors who are shipping directly to Customer. Regardless of the terms of shipment and who pays for freight, the risk of loss shall pass to Customer when the equipment is delivered to the transportation carrier, and Heely-Brown is not responsible for any loss or damages to the equipment during shipment. Heely-Brown strongly recommends that Customer obtain insurance for shipments, as neither Heely-Brown nor its suppliers will insure such shipments. Heely-Brown will use its best efforts to meet the delivery time stated but does not, under any circumstances, guarantee delivery by the stated time and is not responsible for any damages caused by the failure to meet the stated delivery time.
6. Goods Purchased for Export. If goods herein being purchased are being purchased for purposes of export, Customer must obtain from the U.S. government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void.
7. Taxes. Customer will pay all Federal, state, local, excise and other taxes imposed upon the products and services offered hereunder, excluding the taxes based on Heely-Brown's income, assets or net worth. Customer may provide Heely-Brown a tax exemption certificate (subject to review and acceptance by Heely-Brown's tax department). Any tax imposed by federal, state or other governmental authority on or with respect to the sale, purchase, delivery or use of equipment and services shall be paid by Customer.
8. Limited Warranty. EQUIPMENT OR PRODUCTS PURCHASED BY CUSTOMER FROM HEELY-BROWN THAT WERE MANUFACTURED, PRODUCED OR PROVIDED BY THIRD PARTIES ("THIRD PARTY PRODUCTS") ARE PROVIDED ON AN "AS IS" BASIS, AND HEELY-BROWN MAKES NO WARRANTY WITH RESPECT TO SUCH THIRD PARTY PRODUCTS. If Customer discovers within the applicable warranty period a failure of the Third Party Products to substantially conform to the specifications or a defect in material or workmanship, Customer must promptly notify the manufacturer in writing. Customer will look solely to the third party that manufactured, produced or provided the Third Party Products for recovery on any claim of liability, whether express or implied, and will hold Heely-Brown harmless therefrom. Heely-Brown's sole responsibility with respect to Third Party Products shall be to pass through to Customer any manufacturer warranties of the Third Party Products. AS TO PRODUCTS PRODUCED SOLELY BY HEELY-BROWN ("HEELY-BROWN PRODUCT"), HEELY-BROWN MAKES NO WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS TO THOSE WARRANTIES SPECIFICALLY SET FORTH IN THE SPECIFICATIONS OF THE HEELY-BROWN PRODUCT. If Heely-Brown is unable to correct the failure to conform to any such warranty after a reasonable number of attempts, Heely-Brown will provide at its option either: (a) replacement equipment or product, or (b) a refund of the purchase price. These remedies are Customer's exclusive remedies for breach of warranty on Heely-Brown Products.
   
   Any action for breach of warranty must be commenced within two months following expiration of the applicable warranty. Heely-Brown does not guarantee product compatibility. Defective and DOA (dead on arrival) product must be reported to Customer Service within 21 calendar days of the invoice date. All order discrepancies (shortages, mislabeled product, damaged product or overages) must be reported to Customer Service within five business days after receipt of the shipment. All non-defective returns must be reported to Customer Service within five business days after receipt of the shipment. Not all products are eligible for return, and not all products that are eligible for return are to be returned to Heely-Brown. Carefully review all return policies (below) before making your purchase. Shipping charges are not refundable.
9. Negation of Warranty. Heely-Brown does not warrant (a) product, components or parts not produced by Heely-Brown, (b) defects caused by failure to provide suitable installation or application environment for the equipment, (c) damage caused by use of the equipment for purposes other than those for which they were intended, (d) damage caused by disaster such as fire, flood, wind and lightning, (e) damage during shipment, (f) damage caused by unauthorized modification or improper installation of the equipment, or (g) any other abuse or misuse by Customer. No agent or employee of Heely-Brown or any other party is authorized to make any warranty in addition to those made in this Agreement.
10. Disclaimer of Warranty. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND HEELY-BROWN HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
11. Limitation of Liability. Except for loss, damage and expense caused by gross negligence or intentional misconduct, neither party shall be liable to the other party for any indirect, special or consequential damages (including loss of profits) arising out of this Agreement, regardless of the form of action or theory of relief. Any liability arising under this Agreement is limited to the total fees and authorized costs received by Heely-Brown for services rendered pursuant to this Agreement. Further, no action, whether for indemnification or otherwise, regardless of form, arising out of the transactions under this Agreement, may be brought by either party more than one (1) year after the damage, loss or expense occurred, except that an action for non-payment may be brought within one (1) year after the date of last payment. Except as otherwise provided herein, Heely-Brown is not liable for any claim made by a third party or made by Customer for a third party.
12. Termination. Heely-Brown or Customer may terminate any order made pursuant to this Agreement with or without cause upon five (5) business days prior written notice to the other party. Termination shall not relieve Customer's duty to pay for equipment actually shipped, services actually performed or expenses incurred by Heely-Brown pursuant to this Agreement.
13. Privacy Policy. Neither party to this Agreement will use or disclose to any third party any confidential or proprietary information of the other party, including but not limited to, trade secrets, technology, know-how, business practices, and pricing information and any and all other documents marked confidential or proprietary, without prior written consent of the discloser thereof. Heely-Brown, at its election, may make available to Customer a customized website containing confidential Customer account information for the purpose of allowing Customer to purchase products and services for its own account (a "My Account Profile Page"). Customer will be responsible for providing, at its cost, all equipment necessary to gain access to the My Account Profile Page. The content and format of the My Account Profile Page are subject to change at any time and without prior notice. Such content and format changes may include, but are not limited to, changes in screens, changes in search process, changes in information provided by third parties and changes in format of the information displayed. Access to the My Account Profile Page is subject to interruptions at Heely-Brown's discretion or as may be caused by communications carriers or other third parties. Entry on to and use of the My Account Profile Page is through a combination of an ID and a password, which will not be effective until activated by Heely-Brown. Customer agrees that the information displayed on the My Account Profile Page is confidential and agrees to keep its ID and password confidential, to restrict disclosure to those of its employees with a need to know the ID and password (authorized parties), not to permit or accept any benefit or information from access to the My Account Profile Page by unauthorized parties and to report immediately to Heely-Brown any loss, theft or unauthorized disclosure or use of its ID and password. Unless and until Heely-Brown receives notification in writing of a breach of security, Customer will remain liable for any unauthorized use of the My Account Profile Page using Customer's ID and password. Unauthorized access to the My Account Profile Page is a breach of this Agreement and may be a violation of local, state and federal law. Heely-Brown will have the right to deny access to the My Account Profile Page, to cease provision of any My Account Profile Page or to terminate this Agreement, at Heely-Brown's option, immediately and at any time for a breach of this Agreement by Customer, including, but not limited to, security breaches and disclosure of confidential or proprietary information.
14. Governing Law and Venue. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF GEORGIA WITHOUT GIVING EFFECT TO ANY CHOICE-OF-LAW RULES. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE. ANY ACTION OR PROCEEDING SEEKING TO ENFORCE ANY PROVISIONS OF, OR BASED ON ANY SUIT ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT AGAINST ANY OF THE PARTIES IN A COURT OF COMPETENT JURISIDICTION. NOTWITHSTANDING THE FOREGOING, CUSTOMER HEREBY AGREES THAT HEELY-BROWN MAY BRING ANY ACTION, PROCEEDING OR SUIT RESULTING FROM CUSTOMER'S NON-PAYMENT IN THE COURTS LOCATED IN FULTON COUNTY, GEORGIA, AND CUSTOMER HEREBY CONSENTS TO SUCH COURTS' JURISIDICTION.
15. Other. The terms, conditions and prices contained in any quote from Heely-Brown are subject to change until such time as Customer accepts the quote, furnishes payment or an obligation to pay that is satisfactory to Heely-Brown's Credit Department, and thereby converts or directs the conversion of the quote to an order. Heely-Brown shall have no obligation to honor any quotes until they are so accepted and converted. Travel expenses, sales tax and freight and delivery are not included in this Agreement and, where applicable to services and products purchased by Customer hereunder, will be the responsibility of the Customer. This Agreement is subject to credit approval by Heely-Brown. The Customer will provide appropriate credit references upon request and authorize to obtain credit history from such references. If Customer claims exemption from sales tax, an exemption certificate will be provided to Heely-Brown prior to conversion of any order to which such exemption applies.

Copyrights and Trademarks
All trade names and trademarks are the properties of their respective owners.

Heely-Brown Return Policies:

PLEASE NOTE: The return policies below are subject to change based on manufacturer requirements. In addition, we reserve the right to reject any returns that a manufacturer will not accept. In the United States, you can obtain a complete copy of any written manufacturer warranty for a product sold by Heely-Brown free of charge by emailing Heely-Brown at warranties@Heely-Brown.com.

Defective and DOA (dead on arrival) product returns. With some exceptions, you must report defective or DOA products to Customer Service within 21 calendar days of the invoice date to avoid being charged a restocking fee. Please see the "EXCEPTIONS" section below for exceptions to this policy.

Non-defective product returns. You must report any of the following issues with your products to Customer Service within five business days of the invoice date: shortages, mislabeled product, physically damaged product or overages.

No returns will be accepted without our prior authorization and an Heely-Brown return merchandise authorization ("RMA") number. RMA numbers issued by Heely-Brown are good for 10 business days only, and product must be received by the appropriate warehouse within that time. RMA numbers cannot be extended or re-issued. Clearly mark each address label of each package being returned with the RMA number. DO NOT WRITE ON THE MANUFACTURER'S BOX.

Shipping charges for shipments to you are not refundable. You are also responsible for shipping charges and the risk of loss on all return shipments. We highly recommend using a reputable shipping carrier that will properly pack, fully insure your return shipment, and provide you with proof of delivery. Please keep all packing material and shipping documentation to facilitate the service or return of your products.

All product returns must include all of the product shipped to you, all original boxes, packing and shipping materials, original UPC codes on the manufacturer's boxes, accessories and documentation provided by the manufacturer. Incomplete returns may be returned to you or subject to a restocking fee of at least 20%, depending on the condition of the return.

Please note any and all additional return conditions applicable to your returns that are described below. In addition, we reserve the right to add additional or special return conditions for all manufacturers, including manufacturers listed below and other manufacturers not listed below.

Under no circumstances can the following products be returned:

• Discontinued items
• Special order items
• Literature
• Items for which manufacturers will not accept returns
• Items not purchased through Heely-Brown
• Spare Parts material

Return Address:
1280 Chattahoochee Ave NW
Atlanta , Georgia 30318


Mailing Address:
1280 Chattahoochee Ave NW
Atlanta , Georgia 30318


Phone Numbers:
Returns 800-241-4628
Main # 800-241-4628