Terms and Conditions

Product Descriptions

Cymax and its affiliates attempt to be as accurate as possible. Material displayed on any of Cymax's websites is regularly checked for accuracy and is presented "as is," without any warranties, expressed or implied. Information on any of the Cymax websites might contain typographical errors, inaccuracies and/or omissions. These are unintentional. Cymax reserves the right to correct errors, inaccuracies and omissions, and change and/or update information without prior notice, including errors, inaccuracies and/or omissions related to product descriptions, pricing and availability. Cymax will not assume any responsibility for any errors, inaccuracies or omissions found on any of our websites.

Should a product be listed at an incorrect price or the description of the product displays erroneous information as the result of typographical errors or errors in pricing or other incorrect information from our manufacturers, we reserve the right to refuse or cancel any of these orders listed at an incorrect price. We reserve this right, even if payment has already been made. In the event that the order was confirmed and payment was processed, we will immediately issue a credit in the exact amount to the same payment method that was used to make the payment. We apologize for the inconvenience this might cause you.

Cymax makes every effort to accurately display colors of products appearing on our websites. However, because the colors you see directly depend on your monitor settings, Cymax cannot guarantee that your monitor will accurately display the colors of items on our websites.

Receipt and Delivery of Products

Tracking Information: Tracking details confirming how your order will be delivered will be emailed to you once your product ships. These tracking details allow you to see which carrier will be delivering your item and will confirm the type of delivery it will be.

Ground Shipments via UPS and/or FedEx: For all ground shipments, you will be able to track your package online on the carrier’s website. This information will allow you to see an "estimated delivery date" which will give you the opportunity to be at your "Ship to" address when the package is delivered. If you are not available to receive the package, the carrier does have the ability to leave the package at the front door (or other area) if they deem it safe.

Truck Freight / White Glove Shipments: If we notify you that your order will be shipped via Truck Freight or White Glove Carrier, you must be available at the designated "Ship to" address to receive the delivery. It is essential that the actual customer who placed the order be present to inspect the item and sign the delivery document.

Noting Damage on Delivery Documents: If the packaging or product is damaged in any way, please be sure to note the specific damage on the delivery documents. It is the customer’s responsibility to note any and all problems with the order at time of delivery. If the issues with the delivery are not properly noted on the shipping document, Cymax may not be able to dispute the issues with the carrier or manufacturer on your behalf and as such may not be able to offer a satisfactory solution.

Delivery Acceptance Guidelines: These guidelines apply to all deliveries:

• Inspect the product while the driver is present and note any problems or exceptions with the order on the delivery documents provided. Even if the package appears only slightly damaged, write "Package Damaged" when signing for the delivery. This step is crucial.
• Before assembling the product, inspect all individual pieces for damage. If any issues are identified, report them to Cymax immediately at 1-866-740-9830.

We understand that some delivery drivers may be in a rush, but please ensure to take the time to thoroughly inspect the item and packaging prior to signing the delivery document. Failing to note damages at delivery may limit Cymax’s ability to assist with disputes or replacements.

Undeliverable: If our carrier was not able to deliver your item and must hold your item in storage for any of the following reasons (including, but not limited to):

• Incorrect or incomplete address and/or contact information provided to Cymax; or
• Customer is away from delivery address and/or is unable to accept the delivery,

You will have 5 business days to respond to the carrier. If the item remains undeliverable, you may incur applicable restocking fees and/or additional delivery charges.

Risk of Loss

Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.

Cancellations

Once an order is placed, it may not be cancelled or changed. The shipping address cannot be changed or modified once an order is placed. Please double-check the details of your order information before finalizing the purchase.

Cancelling Backordered Items/Discontinued Products: If you are canceling an order due to backorder or discontinuation, please contact our customer service department to confirm the backorder date before making your final decision.

Orders arriving Damaged or Defective

Commitment to Customer Satisfaction: Our ultimate goal is to ensure you are fully satisfied with your order. Although it is rare for items to arrive damaged, we understand that it does occasionally occur. In the unlikely event that your order arrives damaged, we will make every effort to help you obtain the necessary replacements as quickly as possible at no extra cost to you.

In the event of product damage or defect upon delivery, please contact our customer support within 48 hours of receipt to report the issue and request further assistance. If eligible, we will provide instructions for obtaining a replacement item or arranging for repairs.

Inspection During Delivery:

• Clear Damage to Packaging and Product: During the delivery of your item, please ensure you fully inspect all packages. Should there be clear damage to both the packaging/product, please note this damage on the carrier’s paperwork (packaging and product damage must be noted) and refuse delivery of the damaged cartons.
• Minor Damage to Packaging: Should you notice any damage to the packaging (no matter how minor), please take a moment to open the packaging and inspect the product. In the event the product is also damaged, please note this damage on the carrier’s paperwork (packaging and product damage must be noted) and refuse delivery of the damaged cartons. Naturally, should the item be in good condition, please accept delivery as normal.
• Carrier Refusal to Allow Inspection: Should you notice any damage to the packaging and the carrier will not allow you to open and inspect the product, in the carrier’s presence, please note the packaging damage on the carrier’s paperwork and the carrier’s refusal to wait and accept the item. Upon inspection, if the product is also damaged, please contact us within 48 business hours of receipt. We recommend taking pictures of damaged packages and products during the delivery and while you open the packaging.

Truck Freight and Premium Delivery Guidelines:

Noting Damage During Delivery: For truck freight (also referred to as back-of-truck, or less-than-truckload LTL shipments) or premium-service level (such as White Glove) deliveries, your notation of damage is essential. It is this notation that will allow us to provide the proper free replacements to you. Below is a sample of the correct way to sign for damage for our truck freight carriers.

Once damage is noted, or if an item is found to be defective, next steps should be initiated by logging into the "My Account" section of our website, or by contacting our customer care team at 1-866-740-9830. Both of these options will allow you to file a replacement request. Please see the "Replacement Request" section below.

When dealing with a damage or defect issue, photos are essential. Photos assist us with clarity of communication to the carrier and manufacturer, which ensures replacements are sent to you as quickly as possible.

In some cases you will be asked to identify the damaged parts by referencing the part number and description in the assembly instructions. All replacement requests are submitted directly to the manufacturer and depending on the severity of the damage they will determine if parts can correct the issue or if a new unit will need to be shipped.

Replacement Request:

To submit a request:

1. Submit your replacement request within 10 days of receiving your order by logging into the "My Account" section of our website.
2. Complete the request form in detail and follow any manufacturer’s special notes that are listed at the top of the request form.
3. Once the request has been submitted, you can expect to receive an email from our Replacements team within 5-7 business days.

No Returns

We do not accept returns. Customers must notify us of any issues within 5 days of delivery.

Disposal of items

In the event of a replacement request, Cymax (or its designated third party) will assist in processing the request, including coordinating the pickup or receipt of items as necessary. You hereby acknowledge and agree that, upon the actual or attempted pickup of items by Cymax or a designated third-party vendor, all rights, title, and interest in and to each such item will immediately transfer to Cymax (or the designated third party) at no cost, free and clear of any liens, claims, security interests, or other encumbrances. Cymax and/or the designated third party may dispose of these items as they see fit, including but not limited to selling, recycling, donating, or destroying them, and may retain any proceeds from such disposal.

Warranties, Disclaimers & Liability

IT IS THE INTENTION OF CYMAX THAT THE INFORMATION AND DATA CONTAINED ON ANY AND ALL OF OUR WEBSITES IS RELIABLE, ACCURATE AND UP-TO-DATE. HOWEVER, BECAUSE INFORMATION, DOCUMENTS AND OTHER KINDS OF DATA HAVE BEEN COMPILED FROM VARIOUS SOURCES, IT IS PROVIDED "AS IS."

CYMAX EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND/OR REPRESENTATIONS, EXPRESSED OR IMPLIED, AS TO PRODUCTS SOLD ON OUR WEBSITES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTION REGARDING QUALITY OR FITNESS OF PURPOSE.

FURTHER, CYMAX MAKES NO WARRANTY THAT ITS WEBSITES OR THE SERVER(S) HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS THE USER'S SOLE RESPONSIBILITY TO ENSURE THAT ANY INFORMATION DOWNLOADED FROM OUR WEBSITES IS FREE OF SUCH HARMFUL ELEMENTS.

UNDER NO CIRCUMSTANCES SHALL CYMAX OR ANY OF ITS MANAGERS, AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, OR ANY OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR IN TORT, ARISING FROM ACCESSING, USING OR THE INABILITY TO USE, THIS WEBSITE OR ANY RELATED MATTERS REGARDING PRODUCTS SOLD ON OUR WEBSITES.

Sales Tax

Cymax does not collect Sales Tax within the USA, except for customer orders shipped to the State of Virginia where applicable sales tax will be charged. Customers are responsible for understanding and complying with their tax obligations when purchasing online.

For orders shipped to Canada, all applicable taxes, including Goods and Services Tax (GST), Harmonized Sales Tax (HST), and Provincial Sales Tax (PST), will be calculated and collected in accordance with the laws of the destination province. The precise tax amount will be determined and displayed at checkout after the shipping address has been entered. It is your responsibility to ensure compliance with any additional tax requirements that may apply.

Website Content and Links To Third Party Sites

Cymax is not responsible for any damages incurred as a result of the content or use of any of our websites. Furthermore, any link between Cymax and any other website does not constitute an endorsement of the linked or affiliated website. Cymax does not make any warranty as to the content of other websites linked to its own.

Cymax websites may include links to websites owned, operated and maintained by third parties. Cymax does not exercise control over these websites and shall not be held liable for their content, policies, or practices. When accessing these linked sites, users should be aware that the privacy policies of third-party sites may differ from those of Cymax. Before submitting any personal information on such sites, users are advised to review the applicable privacy policies thoroughly.

Applicable Law

You agree to comply with all applicable laws, statutes, ordinances and regulations governing your use of any of our websites, as well as your purchase of products and/or services through our websites. Any infraction of the Terms and Conditions shall be governed by the laws of British Columbia and the laws of Canada without regard to any conflict of law provisions of your domicile, residence, or physical location. At our sole discretion, we reserve the right to report any infractions or violations of these Terms and Conditions to the appropriate authorities.

You and Cymax each agree to submit to the personal and exclusive jurisdiction of the courts located within British Columbia. The failure of Cymax to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. If you do not agree to be bound by these Terms and Conditions, you must immediately discontinue your use of this website.

Use of Site

Use of this site and/or purchases from Cymax constitutes acceptance of the above Terms and Conditions.