Terms and Conditions
Last Updated 11/15/10
Purpose of this web site:
The purpose of this site is to provide users with information about Cox Hardware, the products, promotions and services we offer, and activities we perform to promote our enterprise. We offer products for sale using our product catalog and shopping cart, as well as in our physical store located in Houston, Texas.
Product and Service Availability
In the product sections of this site we show what we believe to be our individual product availability as of a certain date and time, indicated for each item listed. Product availability is not guaranteed, however. Additionally, because of the large quantity of products we show we may inadvertently show a product, it’s photograph or product features, which do not exactly match the item that we have in stock. Such erroneous references do not constitute an offer to sell the product shown on the site, as it may be no longer available or it may simply be a mistake that we made listing a certain feature or benefit. Our sincere intent is to show the exact product we have and the correct amount that is available.
Photographs and Images:
We make every effort to present an accurate representation of the products offered on our web site. However, we cannot guarantee that every photograph is an accurate representation of every product, in terms of colors, features, packaging, accessories or presentation. If you are concerned that a photograph may not be accurate, please contact us before purchasing and we will be happy to send you an updated photo to help you make your purchasing decision.
Product Pricing and Orders:
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THIS WEB SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. We retain the right to correct incorrect pricing due to clerical or typographical errors. The listing, description of, or reference to any product or service on the site does not imply that the product is presently available, nor that we warrant or endorse the product or service.
Placing an order through this web site does not constitute our acceptance of an order. We retain the right to refuse an order for any reason, at our sole discretion, even if our web site software has confirmed the order.
Products purchased using a credit card will be covered by the terms of the credit card agreement. Products purchased using pre-approved commercial sales accounts will be bound by the existing commercial credit agreement for each customer account.
We will charge sales tax on all applicable products that are shipped to an address within the State of Texas. If you hold a valid Texas Resale or Exemption certificate please contact us before placing your order so that we can obtain the correct paperwork and assign the correct tax status to your user account.
Our goal is to ship complete orders within one business day of receipt. Orders that are placed on Friday will normally ship the following Monday.
Back Orders (Items not shipped complete):
Due to stock shortages, some items may be back ordered and ship at a later date. Our normal procedure is to hold an order until all items can ship complete, as this saves the costs of multiple shipments. If you would like us to ship partially filled orders please indicate that in the shipping notes when placing your order. You may also call us with that request if you receive notice from us that we're holding an order to ship it complete. When contacting us you can also instruct us to cancel any back-orders pending. The decision to cancel a back order doesn't cost anything. In some situations there may be an effect on the price charged if the item originally received a quantity discount when it was ordered, but no longer qualifies for that discount when the back order quantity is cancelled.
You can cancel an order at any time during the check out process, up until the final step. Once an order has been placed our web site does not offer on-line order cancellation. To cancel an order, please contact our internet order department at (713) 923-9458 as soon as possible, Monday through Saturday from 8:00 AM until 4:30 PM Central Standard Time. You may also e-mail your request to firstname.lastname@example.org. In the event that we have already shipped the order when you contact us to cancel it, our normal Returns Policy will apply.
Our shopping cart software will send you a confirming e-mail upon receipt of your order, normally within a few minutes. Once received, we will begin picking your order for packing and shipment as soon as possible during normal business hours, Monday through Friday from 8:00 AM until 4:30 PM Central Standard Time. Once your order has been shipped we will send you a notifying e-mail, along with a tracking number to help you estimate the arrival date and time.
Please click here to see our local delivery policy covering deliveries made using Cox Hardware trucks and drivers.
Please click here to see our shipping policy for shipments made using UPS or any other package delivery service.
We only ship products to addresses within the continental United States.
We have provided a nifty UPS Shipping Estimate Calculator on our product pages to give you a quick idea of about what it would cost to ship any single item. This is an estimate only, calculated by UPS, based on some assumptions that UPS makes. The UPS Shipping Estimate Calculator does not display any shipping costs that may be incurred for products that require special packaging (because of their dimensions or weight) or HAZMAT packaging (because of their chemical composition.) The actual shipping cost for any order will be prominently displayed during the checkout process. The cost shown during checkout is what you will be charged if you place the order. Orders may be cancelled during checkout without any penalty or charge.
We will charge your credit card or your commercial credit account when the order is shipped, not when we receive the order.
Cox Hardware Customer Service staff will handle any disputes arising from the use of this web site, or products or services offered herein.
Please contact us if you have any questions about our on-line privacy, security, or policies. We may be reached at:
Cox Hardware, Inc.
PO Box 9466
Houston , TX 77261-9466
Any communication or material you transmit to Cox Hardware + Lumber by electronic mail or otherwise, including any data, questions, comments, suggestions or the like are, and will be treated as non-confidential and non-proprietary. Anything you transmit may be used by Cox Hardware + Lumber, it’s associates or partners for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.
Modification of the Site and Our Services
We retain the right to modify, change, alter or discontinue any portion of this site or any services offered for any reason without prior notice. We may also restrict access to or use of our site, or any portion of our site, to any user for any reason whatsoever. We may suspend or terminate user accounts for any reason, at our sole discretion.
We may provide or suggest links to external web sites from this web site. Cox Hardware, Inc. makes no representations or warranties whatsoever about any other web site that you may choose to access through the Cox Hardware, Inc. web site. Links provided by us to such web sites are provided solely for your convenience and should not be deemed to imply that Cox Hardware, Inc. endorses those web sites or their content.
In no event will Cox Hardware + Lumber, it’s employees, agents, or representatives be liable to any party for any direct, indirect, special or other types of consequential damages for use of this web site or any other hyperlinked web sites including specifically, but not exclusively, any lost profits, business interruption, or loss of data.
Disclaimer of Warranties and Limitation of Liability
COX HARDWARE, INC PROVIDES THIS SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. COX HARDWARE, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. IN THE EVENT OF ANY PROBLEM WITH THE USE OF THIS SITE YOU AGREE THAT YOUR SOLE REMEDY WILL BE TO DISCONTINUE USING THIS SITE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COX HARDWARE, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COX HARDWARE, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM COX HARDWARE, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COX HARDWARE, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Amendment of the Terms