GENERAL TERMS AND CONDITIONS

Warranty:

Currently BuiltWayDifferent does not accept any returns or provide a warranty for any purchases made. Refer to the contact page if you have any questions about a damaged or missing items.

Use of Product:

You agree to use any products purchased from BuiltWayDifferent safely and legally. You agree to abide by all safety precautions outlined on this page, on any printed materials related to the product, and in its documentation. You also agree to obey local, state, and federal laws relating to the use of our products.

Restrictions on the Sale of Specific Products:

When placing an order with BuiltWayDifferent for a restricted item, you are stating that you are authorized to make such a purchase and that you are following all local, state, and federal laws concerning the purchase and/or use of that product.

Governing Law and Jurisdiction:

Any dispute arising out of or related to these Terms and Conditions or the sales transaction between BuiltWayDifferent and Customer shall be governed by the laws of the State of Indiana, 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. BuiltWayDifferent and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Indiana, Hamilton County, to resolve any dispute between them related here to, and the parties waive all rights to contest this exclusive jurisdiction and venue of such courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against BuiltWayDifferent 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 to have the most similar result that is valid and enforceable under applicable Indiana 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 BuiltWayDifferent.com’s invoice regarding the products ordered by Customer, are the complete and exclusive agreement between BuiltWayDifferent.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between BuiltWayDifferent.com 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.

Product Listings:

BuiltWayDifferent provides “kit’s”, that will require additional parts and pieces to finish a build, BuiltWay Different does not sell whole train horn devices. Due to human error and other determinates, we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed are entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, BuiltWayDifferent.com shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, a contact email for BuiltWayDifferent are provided as a resource to customers looking for additional information and/or professional opinion. BuiltWayDifferent does not assume responsibility for the claims and/or representations made by this service.

Product Revisions:

BuiltWayDifferent is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, BuiltWayDifferent puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately, there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. BuiltWayDifferent relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, BuiltWayDifferent will not be held responsible for product revision changes.

Restrictions on the Sale of Specific Products:

Laws and codes regarding the use of emergency warning devices vary greatly within the United States. Some items are restricted in one jurisdiction and may not be in another. Selected products are restricted to law enforcement and emergency personnel only. When you place an order with BuiltWayDifferent for a restricted item you are stating that you are authorized to make such a purchase and that you are in compliance with all local, state, and federal laws concerning the purchase and/or use of that product.

Installation and Use:

It is assumed that the purchaser/installer is familiar with the safety, proper handling of tools, torque feels to brass air fittings and basic knowledge of intended applications. If you are not sure of installing the purchased product, please refer to a professional. BuiltWayDifferent is not liable for the improper installation, usage or any damages whatsoever by the consumer, installer or user. Check local noise abatement ordinances to avoid legal violations.

Use of Horns, Sirens, & Public Address:

Horns must be used safely and responsibly, at a distance of at least 100 feet from others. Proper hearing protection must be worn when using these products. Hearing loss or permanent damage may result from unsafe use. Never operate these products in a closed environment or close to pedestrians or others. It is the consumer’s responsibility to comply with local laws, noise ordinances, and D.O.T. sound levels laws. Do not use around children or animals.