Sales Terms & Conditions Policy
GOODS AND SERVICES SOLD BY CUREUV ARE EXPRESSLY SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW. ANY DIFFERENT OR ADDITIONAL TERMS OR CONDITIONS IN THE BUYER'S PURCHASE ORDER OR SIMILAR COMMUNICATIONS ARE OBJECTED TO AND SHALL NOT BE BINDING ON CUREUV.COM UNLESS AGREED TO IN WRITING BY A CUREUV.COM CORPORATE OFFICER. BUYERS ACCEPTANCE OF SHIPMENT OR PERFORMANCE AND/OR PAYMENT FOR THE GOODS OR SERVICES CONSTITUTES ACCEPTANCE OF CUREUV.COM'S TERMS AND CONDITIONS.
ACCEPTANCE OF ORDER - TERMINATION: Acceptance of any order is subject to credit approval and verification by Seller. If the Buyer's credit becomes unsatisfactory to the Seller, the Seller reserves the right to terminate the order upon notice to the Buyer and without liability to the Seller.
PRICES AND SHIPMENTS: Prices shall be those in effect at the time of shipment which shall be made EXW. Quoted shipping methods and costs 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. The 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 the Customer has made the full and final payment.
CANCELLATION AND RETURNS: The Buyer may cancel an order by mutual agreement based upon payment to CUREUV.COM of reasonable and proper cancellation charges. Goods shall not be returned by the Buyer without CUREUV.COM's prior written authorization and payment by the Buyer of a minimum restocking charge of 15%. Authorized returns shall be returned at the Buyer's sole expense, freight prepaid. There are NO returns of special orders 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 or clarification is needed, feel free to contact our technical support team at 1 (800) 977-7292. Additional suggestions about information we can provide on our pages are 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 applications are used correctly. All chemical 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 or clarification is needed, feel free to contact our technical support team at 1 (800) 977-7292. Additional suggestions about information we can provide on our pages are always welcome. All of CureUV.com ultraviolet (UV) curing lamps are manufactured, tested and guaranteed to be free of defects and are covered by our 100% Satisfaction Guaranteed Return Policy. Our UV lamp duplication program is 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. The 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 the time of purchase. If you have purchased the incorrect lamp, contact your sale representative to inquire about RA considerations and the possibility of returning your item(s) with a re-stocking fee.
SHORTAGES/OVERAGES: All shortages and/or overages must be identified within 14 days of the shipment date.
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 be held 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, (iii) any other commercial impracticability. If such a delay occurs, delivery or performance shall be extended for a period equal to the time 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, the title shall pass upon delivery to the carrier at the point of shipment and thereafter all risk of loss or damage shall be upon the 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 the 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 REMAINING BALANCE SHALL BE CANCELLED, AND CUREUV.COM SHALL HAVE NO FURTHER LIABILITY EXCEPT 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 the manufacturer's instructions. CUREUV.COM personnel are not authorized to alter this policy.
LIMITATION OF LIABILITY: IT IS UNDERSTOOD AND AGREED THAT THE SELLER'S LIABILITY, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED AND THE BUYER'S REMEDY IS LIMITED TO EITHER, AT THE 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 THE SELLER BE LIABLE TO THE 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 THE SELLER'S LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS OF THIS AGREEMENT MAY BE BROUGHT BY THE 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 ensure 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. At the Customer's request, CUREUV.COM will provide the services of a supervising engineer at the prevailing daily rate plus expenses.
PRINTING, STENOGRAPHIC AND CLERICAL ERRORS: CUREUV.COM is not responsible for printing errors made in any 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 there-under 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 right by written notice to cancel any order or require full or partial payment or adequate assurance of performance from the Buyer without liability to CUREUV.COM in the event of: (i) Buyer's insolvency, (ii) the filing of a voluntary petition in bankruptcy by the Buyer, (iii) the appointment of a receiver or trustee for the Buyer, or (iv) the execution by the 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 the Buyer's credit at any time for any reason. The Buyer, in order to provide security for the payment of the full price of goods furnished here-under, grants CUREUV.COM a security interest in the goods and the proceeds thereof. Title to the goods shall remain with CUREUV.COM. Products furnished by CUREUV.COM shall not become a fixture by reason of being attached to real estate, until paid in full. The 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: The Buyer shall not assign or delegate any or all of its duties or rights here-under 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 a provision shall be 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 the Seller without the Seller's written consent.
WAIVER, CHOICE OF LAW AND DISPUTE RESOLUTION: The failure of either party to assert a right here-under 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 be 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 here-under 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 from CUREUV.COM for nonpayment by the 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.