Terms of Service

These Terms apply to retail consumers, commercial end users, resellers, integrators, distributors, specifiers, consultants, and other commercial users. A purchaser buying for business, resale, specification, integration, or installation is a commercial customer.

Submitting an online order is an offer to purchase, not Heckler's acceptance. Heckler may accept, reject, correct, or cancel an order for pricing, availability, fraud, tax, compliance, account, shipping, reseller-policy, or other legitimate business reasons.

Before fulfillment, Heckler may correct prices, shipping estimates, duties or tax estimates, specifications, and availability when they are materially wrong. If a material correction affects an accepted order, Heckler may request approval or payment of the difference before fulfillment, or cancel and refund the affected order.

Payments may be processed by Shopify Payments, Stripe, and other disclosed payment providers. Full payment is due as stated at checkout, in a quote, or on an invoice.

Tax-exempt customers are responsible for providing current, valid exemption or resale documentation and for notifying Heckler when eligibility changes. Heckler may collect tax until documentation is accepted and may correct tax treatment when required.

For approved credit accounts, invoices are due under the stated terms. Overdue balances may accrue the lesser of 1.5% per month or the maximum lawful rate. Heckler may suspend accounts, hold or cancel orders, revoke credit, and recover reasonable collection costs and attorneys' fees. Amounts owed may not be withheld, reduced, or set off without Heckler's written approval.

Domestic U.S. shipments are FOB Origin / shipping point. Risk of loss transfers when Heckler tenders the shipment to the carrier, whether the shipment moves by parcel or LTL/freight, unless a different written shipping term controls.

International ecommerce shipments identified as DDP are governed by the Shipping & Delivery Policy and ship DDP (Delivered Duty Paid), Incoterms® 2020, to the shipping address on Heckler's order confirmation unless a Heckler quote, order confirmation, or other written agreement states different terms.

Shipments on a customer-owned carrier account and deliveries to a customer-selected freight forwarder are outside Heckler's default international DDP model unless Heckler expressly agrees otherwise in writing.

Read the Shipping & Delivery Policy

Lead times, ship dates, transit times, and delivery dates are estimates, not guarantees. Requested project or installation dates are not guaranteed unless Heckler expressly agrees to a date in writing.

To the extent allowed by law, Heckler is not responsible for project delay, installer or contractor scheduling, rental or substitute equipment, labor, downtime, business interruption, rescheduling, or similar project costs resulting from an estimated or delayed ship or delivery date.

Standard products may be returned only as provided in the Return Policy.

Read the Return Policy

Custom, configured, and made-to-order products become non-cancelable and non-returnable once production begins, except for Heckler error, covered warranty obligations, or non-waivable legal rights. Before production begins, cancellation generally may be allowed, but Heckler may deduct specifically incurred, nonrecoverable custom-material, engineering, vendor, or processing costs.

“Production begins” means Heckler or its suppliers have started fabrication, customization, finishing, printing, textile application, assembly, procurement of non-stock materials or components, or other order-specific work.

Customer approval of proofs, drawings, configurations, colors, logo artwork, or similar production specifications authorizes Heckler to begin production. Heckler may rely on customer-supplied or customer-approved specifications without independently verifying them.

Customers are responsible for the accuracy of supplied artwork, dimensions, device specifications, colors, logos, trademarks, and other customization information, and represent that they have all intellectual-property rights and permissions needed for Heckler to reproduce or use those materials. If Heckler manufactures correctly to an approved specification, an error originating in customer information does not create a cancellation, return, refund, or warranty right.

Dimensions, weights, load ratings, VESA patterns, compatibility references, drawings, renderings, photographs, configurator outputs, CAD, AR, samples, and similar materials are informational planning tools. Customers and installers must independently verify the actual product, device, site, and application before ordering or installation.

Physical samples and digital color or material representations are representative, not absolute guarantees of appearance. Commercially reasonable variation may occur in color, texture, grain, finish, textile lots, powder-coat appearance, and manufacturing tolerances.

Product-specific drawings and specifications, together with commercially reasonable manufacturing tolerances, control; no universal numerical tolerance applies to every product. Heckler may make non-material running changes to design, construction, components, finishes, packaging, or specifications without notice if the product substantially conforms to its published description and intended function.

Installation remains the responsibility of the customer and installer. Products or configurations supporting more than 40 pounds must be installed by qualified professional installers. Professional installation is strongly recommended for products or configurations supporting 40 pounds or less.

The customer and installer are responsible for site conditions; wall, floor, and ceiling structure; blocking; substrate; anchors and fasteners; clearances; building and electrical code; ADA and accessibility requirements; seismic considerations; device compatibility; permits; and all other local or project requirements.

Product warranty eligibility, exclusions, claim requirements, and remedies are governed by the Warranty Policy.

Read the Warranty Policy

Products may be resold only through authorized channels. Unauthorized third-party marketplace resale is prohibited unless Heckler approves it in writing. Heckler may reject or cancel orders, restrict supply, suspend accounts, or terminate reseller status for violations.

Read the Reseller Policy

The Services, product designs, text, graphics, photographs, videos, drawings, CAD files, configurator outputs, documentation, trademarks, and other Heckler materials are protected by intellectual-property laws. Heckler grants a limited, revocable, non-transferable right to use public materials for evaluating, purchasing, installing, or supporting Heckler products. Copying, reverse engineering, removing notices, scraping, or competitive use is prohibited except where applicable law does not permit the restriction.

Customer purchase-order terms, vendor-portal terms, procurement boilerplate, and other customer forms are rejected and do not modify the transaction unless expressly accepted in a writing signed by an authorized Heckler officer.

If terms conflict, the following order of precedence applies: (1) a signed, negotiated agreement; (2) Heckler's quote or order confirmation; (3) the applicable Heckler policies; and (4) these Terms. Customer boilerplate does not enter that order of precedence.

Customers must comply with applicable export controls, sanctions, anti-boycott rules, and import laws, and may not purchase, export, re-export, transfer, or use products for a prohibited destination, person, entity, or end use. Heckler may screen transactions, request compliance information, and reject, hold, or cancel transactions that present a compliance risk.

Except for the express Warranty Policy and rights that cannot lawfully be excluded, products and Services are provided as available without implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Some jurisdictions do not allow particular exclusions, so they may not apply to every customer.

To the fullest extent permitted by law, Heckler's total liability arising from a claim is limited to the amount actually paid for the specific product or order giving rise to that claim.

Heckler is not liable for lost profits or revenue; installation, removal, or reinstallation labor; installer or contractor costs; project delay; substitute or rental equipment; downtime; business interruption; loss of goodwill; data loss; or indirect, incidental, consequential, special, exemplary, or punitive damages, even if advised that such damages may occur. These limits do not apply where prohibited by law.

These Terms are governed by Arizona law, without regard to conflict-of-law rules. The Federal Arbitration Act governs the interpretation and enforcement of the consumer arbitration provisions.

Consumers

A consumer dispute that the parties cannot resolve informally will be resolved by binding individual arbitration, except that either party may bring an eligible individual claim in small-claims court. Consumer disputes may not proceed as a class, collective, consolidated, or representative action, and each party waives a jury trial to the extent permitted by law.

Commercial and B2B purchasers

A dispute involving a commercial or B2B purchaser is subject to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona, and each party consents to that jurisdiction and venue.

Either party may seek temporary, preliminary, or other injunctive relief in a court of competent jurisdiction to protect intellectual-property, confidential-information, or similar rights.

Heckler is not liable for delay or failure caused by events beyond its reasonable control, including supply-chain disruption, material or component shortage, carrier delay, labor dispute, utility interruption, government action, natural disaster, fire, flood, earthquake, pandemic or public-health event, cyber incident, network failure, or similar event.

If any provision is unenforceable, the remaining provisions continue in effect. A failure to enforce a provision is not a waiver. Heckler may update these Terms prospectively by posting a revised date. Questions about these Terms may be sent to service@heckler.com.