Sales Terms & Conditions Policy
ANY DIFFERENT OR ADDITIONAL TERMS OR CONDTIONS IN BUYER’S PURCHASE ORDER OR SIMILAR COMMUNICATION ARE OBJECTED TO AND SHALL NOT BE BINDING ON CUREUV.COM UNLESS AGREED TO IN WRITING BY AN CUREUV.COM CORPORATE OFFICER. BUYERS ACCEPTANCE OF SHIPMENT OR PERFORMANCE AND/OR PAYMENT FOR THE GOODS OR SERVICES C0NSTITUTES ACCEPTANCE OF CUREUV.COM’S TERMS AND CONDITIONS.
GOODS AND SERVICES SOLD BY CUREUV ARE EXPRESSLY SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW.
ACCEPTANCE OF ORDER: TERMINATION – Acceptance of any order is subject to credit approval and acceptance of order by Seller. If Buyer’s credit becomes unsatisfactory to Seller, Seller reserves the right to terminate upon notice to Buyer and without liability to Seller.
PRICES AND SHIPMENTS – Prices shall be those in effect at time of shipment which shall be made EXW. Shipping methods and costs quoted are subject to change based on freight availability.
PAYMENT TERMS – Standard payment terms are Net 30 Days with prior credit approval. A monthly service charge of the lesser of 1 ½ % or the maximum permitted by law may be added to all accounts not paid within 30 days. Seller accepts Visa, MasterCard, American Express and Discover. Other methods of payment include money orders, Paypal, check by mail (orders held until check clears) and wire transfers. All payments are to be made in U.S. dollars.
TITLE - CUREUV.COM retains all rights of ownership and title to the equipment proposed herein until all payments and taxes are paid in full, and such equipment shall not be considered as any part of the building, real estate, or equipment to which it is attached until Customer has made full and final payment.
CANCELLATION AND RETURNS - Buyer may cancel an order by mutual agreement based upon payment to CUREUV.COM of reasonable and proper cancellation charges. Goods shall not he returned by Buyer without CUREUV.COM’s prior written authorization and payment by Buyer of a minimum restocking charge of 15%. Authorized returns shall be returned at Buyer’s sole expense, freight prepaid. There are NO returns of special order or made-to-order items and equipment. No returns shall be accepted following 5 days after delivery. Please inspect products within 5 days of receipt as RMA's cannot be issued after this time period. No credit will be issued for shipping charges or other special expenses. For more information, view our 100% Satisfaction Guaranteed Return Policy.
CHEMICAL PURCHASE CONDITIONS – If further application information/clarification is needed, feel free to contact an application technical support member of our team at 1-800-977-7292. Suggestions on further information we can provide on our pages is always welcome. We cannot approve returns once an order has been confirmed or for technical application considerations that have been overlooked by the buyer. Our products are tested to the fullest extent and perform with certainty when techniques and application are used correctly. All chemicals purchases are final and non-returnable and it is the buyer’s responsibility to use the information provided in the web-store to make educated choices. By authorizing/confirming your order at checkout you are confirming that you fully agree to these non-returnable terms and conditions of sale.
Medium and High Pressure UV Curing Lamps, Quartz Plates and Dichroic Material - If further application information/clarification is needed, feel free to contact an application technical support member of our team at 1-800-977-7292. Suggestions on further information we can provide on our pages is always welcome. All of CureUV.com ultraviolet (UV) curing lamps are manufactured, tested and guaranteed to be free of defect and are covered by our 100% Satisfaction Guaranteed Return Policy. Our UV lamp duplication program is exact and also covered by these terms and conditions. Dichroic UV reflectors, dichroic quartz and clear fused quartz plates are non-cancellable/non-refundable items unless they qualify under warranty as a manufacturer's defect. Buyer is solely responsible for choosing the correct lamp, quartz or dichroic product for their application/machine. Purchasing the incorrect lamp will not be covered in the 100% defect-free terms and is the buyers responsibility at time of purchase. Contact your sale representative to inquire RA considerations if you have purchased the incorrect lamp for possibility of return consideration with a re-stocking fee.
SHORTAGE/OVERAGES - All shortages and/or overages must he identified within 14 days of the date of shipment.
SUBSTITUTIONS/INTERCHANGEABILITY - Unless specifically restricted on a purchase order, CUREUV.COM reserves the right to interchange an equivalent available product in place of the product ordered where the interchangeability of the product is based on form, fit and function.
FORCE MAJEURE - CUREUV.COM shall not he liable for failure to deliver or for delay in delivery or performance due to: (i) a cause beyond its reasonable control; (ii) an act of God, act or omission of Buyer, act of civil or military authority, governmental priority or other allocation or control, fire, strike or other labor difficulty, riot or other civil disturbance, insolvency or other inability to perform by the manufacturer, delay in transportation, or, (ii) any other commercial impracticability. If such a delay occurs, delivery or performance shall be extended for a period equal to the lime lost by reason of delay.
DELIVERY - Unless otherwise noted, all sales of goods are made f.o.b. point of shipment and, in all cases, title shall pass upon delivery to the carrier at point of shipment and thereafter all risk of loss or damage shall be upon Buyer. Delivery dates given in advance of actual shipment of goods or performance of services are estimates and shall not be deemed to represent fixed or guaranteed delivery dates.
REFUSAL OF SHIPMENT - In case of refusal or inability of Customer to accept any shipment in accordance with the terms of the order, the Customer shall be held liable for freight, express, storage, extra cost of handing and all other incidental expenses.
CREDIT BALANCE - Any credit balance issued will be applied within six (6) month of its issuance. IF NOT APPLIED WITHIN SIX (6) MONTHS, THE BALANCE REMAINING SHALL BE CANCELLED, AND CUREUV.COM SHALL HAVE NO FURTHER LIABILITY EXCEPT I AS REQUIRED BY APPLICABLE LAW.
WARRANTIES - Goods are sold only with such warranties as may be extended by the manufacturer of the product. Services performed by third parties are subject only to those warranties extended by such third parties. CUREUV.COM MAKES NO WARRANTY AND ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE HEREBY EXCLUDED. Buyer is responsible for installation and use in accordance with manufacturer’s instructions. CUREUV.COM personnel are not authorized to alter this policy.
LIMITATION OF LIABILITY – IT IS UNDERSTOOD AND AGREED THAT SELLER’S LIABILITY, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED AND BUYER’S REMEDY IS LIMITED TO EITHER, AT SELLER’S OPTION: (i) REPLACEMENT OF THE DEFECTIVE PRODUCTS EXW, (ii) CORRECTION OF THE DEFECTIVE SERVICE, (iii) REPAIR OF THE DEFECTIVE PRODUCTS, (iv) RETURN OF THE DEFECTIVE PRODUCT BY THE BUYER AND REFUND OF THE PURCHASE PRICE, OR (v) REFUND OF THE SERVICE PRICE. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR LOSS OF PROFITS, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR AN AMOUNT GREATER THAN THE PURCHASE PRICE FOR THE PRODUCTS OR SERVICES PURCHASED BY THE BUYER. THE PRICE STATED FOR THE PRODUCTS OR SERVICES IS A CONSIDERATION IN LIMITING SELLER’S LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS OF THIS AGREEMENT MAY BE BROUGHT BY BUYER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
SAFETY - The UV Processor sold herein produces radiations including UV light waves, which are dangerous if suitable precautions are not taken. The Customer is therefore cautioned that the Processor should be operated by fully instructed and experienced personnel only. The Customer agrees to assume all responsibility to insure the Processor is operated in a safe and secure manner. Since the use of the Processor is outside of CUREUV.COM control, CUREUV.COM does not assume any liability for damages which may occur to personnel or property due to improper use or failure to take recommended precautions and the Customer agrees to indemnify and hold CUREUV.COM harmless from any liability, claim or damage whatsoever, arising out of any loss or damage or injury to person or property due to any improper use or misuse of the Processor.
INSTALLATION - Unless otherwise arranged when ordering, this equipment shall be installed and connected by the Customer who will supply all necessary labor, material and permits in compliance with all legal requirements. If equipment is installed by CUREUV.COM, service Technicians, the Customer is responsible for all permits and associated costs for all local, state and federal legal requirements. If desired, CUREUV.COM will provide at Customer’s request the services of a supervising engineer at the prevailing daily rate plus expenses.
PRINTING, STENOGRAPHIC AND CLERICAL ERRORS - CUREUV.COM is not responsible for printer’s errors made in any of CUREUV.COM publications and other forms of printed matter. All such errors are subject to correction.
EQUAL OPPORTUNITY AND LABOR PRACTICES - The contract provisions in Section 202 of Executive Order 11246, as amended, and the regulations promulgated thereunder are incorporated by reference as it fully written with respect to any order, CUREUV.COM certifies that the goods covered by this invoice have been produced in accordance with the Fair Labor Standards Act of 1938 as amended.
CHANGE IN BUYER’S FINANCIAL CONDITION - CUREUV.COM reserves the night by written notice to cancel any order or require full or partial payment or adequate assurance of performance from Buyer without liability to CUREUV.COM in the event of: (I) Buyers insolvency, (ii) the filing of a voluntary petition in bankruptcy by Buyer, (iii) the appointment of a receiver or trustee for Buyer, or (iv) the execution by Buyer of an assignment for the benefit of creditors. CUREUV.COM reserves the right to suspend its performance until payment or adequate assurance of performance has been received. CUREUV.COM also reserves the right to cancel Buyer’s credit at any time for any reason. Buyer, in order to provide security for the payment of the full price of goods furnished hereunder, grants CUREUV.COM a security interest in the goods and the proceeds thereof. Title to the goods shall remain in CUREUV.COM, and goods furnished by CUREUV.COM shall not become a fixture by reason of being attached to real estate, until paid in full. Buyer agrees to execute any documents or furnish information necessary to perfect this security interest. A copy of the invoice may be filed at any time as a financing and/or chattel mortgage, in order to perfect CUREUV.COM’s security interest.
ASSIGNMENT OR DELEGATION - Buyer shall not assign or delegate any or all of its duties or rights hereunder without CUREUV.COM’s prior written consent.
GENERAL - All orders are subject to acceptance by CUREUV.COM. Any representation, affirmation at fact and course of dealing, promise or condition in connection therewith on usage of trade not incorporated herein, shall not be binding on either party. If any provision hereof shall be unenforceable, invalid or void for any reason, such provision shall he automatically void and shall not be part of this agreement and the enforceability or validity of the remaining provisions shall not be affected thereby.
MODIFICATION OF TERMS AND CONDITIONS – No terms and conditions other than those stated herein and no agreement or understanding, in any way purporting to modify these terms or conditions, shall be binding on Seller without the Seller’s written consent.
WAIVER, CHOICE OF LAW AND DISPUTE RESOLUTION - The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall he governed by the laws of the State of Florida, United States of America, excluding conflict of law rules. Any dispute arising out of or relating to transactions hereunder shall be settled by binding arbitration in Palm Beach County, Florida under Florida law administered by the American Arbitration Association under ifs Commercial Arbitration Rules, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitrators will have the powers a stale court judge would have had if the matter had been filed in such court including, equitable powers, except for the power to award punitive damages, which they shall not have. Actions by CUREUV.COM for nonpayment by Buyer of the purchase price of goods or services sold, may be brought by CUREUV.COM, at CUREUV.COM’s option, before any court of competent jurisdiction in Palm Beach County, Florida and to the extent permitted by applicable law. Trial by jury is hereby waived. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.