Welcome to the vanedos
website terms and conditions. Please read through them carefully before placing
your order. By using this website and/or placing an order, you agree to be
bound by the terms and conditions set out below. Please also read our Privacy
Policy regarding personal information provided by you.
We may change these terms from time to time without notice
you. Changes will apply to any subsequent orders received. Once your order has
been confirmed, we will not be able to make any changes.
Copyright
The entire content included in this site, including but not
limited to text, graphics or code is copyrighted as a collective work under
copyright laws, and is the property of vanedos.
Permission is granted to electronically
copy and print hard copy portions of this site for the sole purpose of placing
an order or purchasing vanedos products. You may display and, subject to any expressly
stated restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site solely for
your own non-commercial use, or to place an order with vanedos or to
purchase vanedos products. Any other use, including but not limited to the
reproduction, distribution, display or transmission of the content of this site
is strictly prohibited, unless authorized by vanedos.
You further agree not to change or delete any proprietary notices from
materials downloaded from the site.
Limitation of liability
vanedos shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if vanedos has been
advised of the possibility of such damages. Applicable law may not allow the
limitation of exclusion of liability or incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
Typographical errors
While vanedos strives to provide accurate product and pricing information,
pricing or typographical errors may occur. vanedos cannot
confirm the price of an item until after you order. In the event that an item
is listed at an incorrect price or with incorrect information due to an error
in pricing or product information, vanedos shall have the right, at our sole discretion, to refuse or
cancel any orders placed for that item. In the event that an item is priced
incorrectly,vanedos may, at our discretion, either contact you for instructions
or cancel your order and notify you of such cancellation.
Termination
These terms and conditions are applicable to you upon your
accessing the site and/or completing the registration or shopping process.
These terms and conditions, or any part of them, may be terminated by vanedos without
notice at any time, for any reason. Any termination of this Agreement shall not
affect the respective rights and obligations (including without limitation,
payment obligations) of the parties arising before the date of termination.
Use of site
Harassment in any manner or form on the site, including via
e-mail, chat, or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a vanedos or other licensed employee, host, or representative, as well
as other members or visitors on the site is prohibited. You may not upload to,
distribute, or otherwise publish through the site any content which is
libelous, defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may constitute or
encourage a criminal offense, violate the rights of any party or which may
otherwise give rise to liability or violate any law. You may not upload
commercial content on the site or use the site to solicit others to join or
become members of any other commercial online service or other organization.
Links
In an attempt to provide increased value to our visitors, vanedos may
link to sites operated by third parties. However, even if the third party is
affiliated with vanedos, vanedos has no control over these linked sites, all of which have
separate privacy and data collection practices, independent of vanedos.
These linked sites are only for your convenience and therefore you access them
at your own risk. Nonetheless, vanedos seeks to protect the integrity of its web site and the links
placed upon it and therefore requests any feedback on not only its own site,
but for sites it links to as well (including if a specific link does not work).
Different pricing currencies
Pricing of products sold by vanedos is
based upon figures calculated in U.S. Dollars (US$). Prices displayed in other
currencies are converted from U.S. Dollars according to the most up to date
conversion rates. Due to fluctuating currency values, prices displayed in
non-U.S. denominations of currency on the Site, other than on the individual
product page, may not be the most current. Areas of the Site where non-U.S.
denominations of currency might be inaccurate include, but are not limited to,
promotional banners, promotional pages, and information on product category
pages. The price displayed on an individual product page, regardless of
currency denomination, is the current price you are liable to pay to vanedos,
excluding shipping.
1.TERMS AND CONDITIONS TO GOVERN - These terms
and conditions represent the final and complete agreement of the parties and no
terms or conditions in any way modifying or changing the provisions stated
herein shall be binding upon Our Company unless made in writing and signed and
approved by an officer or other authorized person at Our Company. No
modification of any of these terms shall be modified by Our Company's shipment
of goods following receipt of Buyers purchase order, shipping request or
similar forms containing printed terms and conditions additional to or in
conflict with the terms herein. If any term, clause or provision is declared to
held invalid by a court of competent jurisdiction, such declaration or holding
shall not affect the validity of any other term, clause or provision herein
contained.
2. ACCEPTANCE OF ORDERS - All orders are subject to written
price verification by authorized Our Company personnel unless designated in
writing to be firm for a specified period of time. Shipment of goods without
written price verification does not constitute acceptance of the price
contained in the order.
3. SUBSTITUTION - Our company reserves the right, without
prior notification, to substitute an alternative product of like kind, quality
and function. If the Buyer will not accept a substitute, the Buyer must
specifically declare that no substitution is allowed when the buyer requests a
quote, if such request for quote is made, or, if no request for quote was made,
when placing an order with the Our Company .
4. PRICE - Prices quoted, including any transportation
charges, are valid for 10 days unless designated as firm for a specific period
pursuant to a written quote or written sales acceptance issued or verified by
an officer or other authorized personnel of Our Company . A price designated as
firm for a specific period may be revoked by Our Company if the revocation is
in writing and is mailed to the Buyer prior to the time a written acceptance of
the price is received by Our Company . All prices and deliveries are F.O.B.
shipping point. Our Company reserves the right to cancel orders in the event
selling prices which are lower than prices quoted are established by government
regulations.
5. TRANSPORTATION - Unless otherwise provided, Our Company
shall use its judgment in determining carrier and routing. In either case, Our
Company shall not be liable for any delays or excessive transportation charges
resulting from its selection.
6. PACKING - Unless otherwise provided, Our Company will
comply only with its minimum packing standards for the method of transportation
selected. The cost of all special packing, loading or bracing requested by
Buyer will be paid for by Buyer. All cost of packing and shipment for Buyer's
special equipment shall be paid for by Buyer.
7. PAYMENT TERMS - The discount applies only to the invoiced
value of the material (not to taxes or freight charges). Our Company reserves
the right to require advance payment or satisfactory security for the goods if
the financial condition of Buyer so warrants as determined by Our Company. If
Buyer fails to make payment in accordance with terms of this agreement or any
collateral agreement, or fails to comply with any provisions hereof, Our
Company may, at its option (and in addition to other remedies), cancel any
unshipped portion of this order. Buyer is to remain liable for all unpaid
accounts.
8. TAXES AND IMPORT/EXPORT LICENSES - Prices do not include
taxes. Taxes are paid by Buyer upon invoice from Our Company unless Buyer
provides a valid exemption certificate acceptable to the taxing authority or
unless Our Company is forbidden by law from collection of said taxes from
Buyer. Import or export licenses are to be secured by Buyer.
9. TITLE AND RISK OF LOSS - Delivery to carrier shall
constitute delivery to Buyer, and thereafter risk of loss or damage shall pass
to Buyer. Any claim of Buyer relative to damage during shipping or delivery
should be made directly to the carrier. Any claims by Buyer against Our Company
for shortage or damage occurring prior to such delivery to carrier must be made
within fifteen (15) days after receipt of the goods and accompanied by original
transportation bill signed by carrier noting that carrier received the goods
from Our Company in the condition claimed. Notwithstanding passage of the risk
of loss to Buyer, title and right of possession to the goods sold hereunder
shall remain with Our Company until all payments here under, including deterred
payments evidenced by notes or otherwise, Interest, carrying charges, and
attorneys' fees, shall have been made in cash, and Buyer agrees to do all acts
necessary to perfect and maintain such right and title in Our Company .
10. FORCE MAJEURE - Our Company shall not be liable for
failure to perform its obligations resulting directly or indirectly from or
contributed to by acts of God; acts of Buyer, civil or military authority,
including wage and price controls; fires; war; riot; delays in transportation;
lack of or inability to obtain raw materials (including energy sources),
components, labor, fuel or supplies; or other circumstances beyond Our
Company's reasonable control, whether similar or dissimilar to the foregoing.
If certain quantities are affected and other quantities are not, the quantities
affected shall be eliminated without liability, but the agreement shall remain
unaffected. Our Company may during any period of shortage due to any of said
causes, allocate its supply of such raw materials among its various users
thereof in any manner which all Companies deems fair and reasonable. In no event shall Our Company be
liable for special or consequential damages for any delay for any cause.
11. REASONABLE ATTORNEY'S FEES - In the event suit or other
proceedings shall be brought for the recovery of the purchase price, or any
unpaid balance, or the breach by Buyer of any term herein contained, Buyer
shall pay to Our Company , in addition to any damages proved by law, reasonable
attorney's fees and costs of collection.
12. LIABILITY - Our Company shall not be responsible,
obligated, or liable for any injury or damage resulting from an application or
use of its products, either singularly or in combination with other products,
arising out of acceptance of this order. Our Company shall have no liability
for errors in weight or quantity delivered unless claim is made by Buyer within
fifteen (15) days after receipt of shipment and accompanied by original
transportation bill signed by carrier noting that carrier received the goods
from Our Company in the condition claimed. If such timely claim is made by
Buyer, and the claim is deemed valid by Our Company , Our Company may fulfill
its responsibility by either shipping the quantity necessary to make good the
deficiency, or at Our Company 's option, crediting Buyer with the invoice price
of the deficiency.
13. WARRANTY - All goods sold by Our Company are warranted
to Buyer to be free from defects in material and workmanship, and manufactured
in accordance with industry standards. The foregoing warranty is nonassign able
and in lieu of and excludes all other warranties not expressly set forth
herein, whether express or implied by operation of law or otherwise including
but not limited to any implied warranties of merchantability or fitness. No
agent, employee, or representative of Our Company has any authority to bind Our
Company to any representation, affirmation, or warranty concerning the goods
and any such representation, affirmation, or warranty shall not be deemed to
have become a part of the basis of this agreement and shall be unenforceable.
Any claimed defect in material or workmanship shall be deemed waived by Buyer
unless submitted to Our Company in writing within fifteen (15) days from the date
the goods are received by Buyer.
Our Company shall not be liable under the foregoing warranty
if any loss or damage is caused by improper application or use of the goods.
Our Company disclaims all liability with respect to the design of the goods and
makes no warranty with respect to such design. This warranty is in lieu of and
excludes all other warranties, whether express, implied, or statutory,
including implied warranties of merchantability or fitness.
14. REMEDIES AND LIMITATION OF LIABILITY - Our Company shall
not be liable for incidental or consequential losses, damages, or expenses
arising directly or indirectly from the sale, handling or use of the goods, or
from any other cause relating thereto. Our Company's liability, in any case,
including for claims of breaches of warranty or negligence is exclusively
limited, at Our Company's option, to the replacement of goods not complying
with this agreement, the repayment of, or crediting Buyer with, an amount equal
to the purchase price of such goods, or repairing or arranging for repair of
the goods. If Our Company requests the return of the goods, the goods will be
redelivered to Our Company in accordance with Our Company's instructions. The
remedies contained in this paragraph constitute the sole recourse of Buyer
against Our Company for breach of any of Our Company's obligations, whether of
warranty or otherwise. As long as Our Company makes a good faith effort to
rectify any breach, the remedies provided for herein shall be deemed satisfied.
15. SELECTION - Buyer represents that the goods sold
hereunder are fit for their actual or intended use and that Buyer placed no
reliance on Our Company's skill or judgment in selecting suitable goods or
materials or in the design of suitable goods and materials. Buyer represents
that the use and installation of the goods shall be made in compliance with all
applicable government requirements. Buyer will defend, indemnify and hold
harmless Our Company, its successors, assigns and subsidiaries from and against
all costs (including attorney's fees), damages and liabilities resulting from
actual or alleged claims asserted or any penalties proposed or assessed Our
Company for any alleged violation of any federal, slate or local law, rule,
regulation or standard, by reason of or in connection with any use of the goods
delivered hereunder.