Seychelle Environmental Technologies, Inc.
Terms and Conditions of Sale
PLEASE READ THESE TERMS AND
CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A
SEPARATE FORMAL PURCHASE AGREEMENT WITH Seychelle Environmental Technologies, Inc.. IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN).
Important Information
About This Legal Contract
This
Sale Agreement is a legal contract between the Customer and Seychelle Environmental Technologies, Inc.. The
Customer accepts this Sale Agreement by making a purchase, placing an order, or
otherwise shopping on the Site. (References to "you" or "your" shall relate to
the Customer; references to "Seychelle Environmental Technologies, Inc." shall relate to Seychelle Environmental Technologies, Inc.
and its affiliates.) The terms and conditions of this Sale Agreement are subject
to change without prior notice, except that the terms and conditions posted on
the Site at the time the Customer initially places or modifies an order will
govern the order in question.
This Sale Agreement constitutes the entire agreement
between the Customer and Seychelle Environmental Technologies, Inc. relating to the purchase or sale of
goods or services on the Site. The Sale Agreement may only be modified or
terminated with regard to goods or services that have been purchased or sold on
the Site in a writing signed by Seychelle Environmental Technologies, Inc.. Electronic records (including
signatures), that are otherwise valid, shall be accepted under the Sale
Agreement. The Customer consents to receiving electronic records, which may be
provided via a web browser or e-mail application connected to the Internet;
consumers may withdraw consent to receiving electronic records or have the
record provided in non-electronic form by contacting Seychelle Environmental Technologies, Inc. at the
address provided below.
In the event of any conflict between the terms and
conditions stated on your purchase order and this Sale Agreement or any terms
and conditions on our invoice, you agree that the provisions of this Sale
Agreement and our invoice shall control.
Governing
Law
THIS AGREEMENT AND ANY SALES
HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CA, WITHOUT
REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF
THE FEDERAL OR STATE COURTS LOCATED IN CALIFORNIA COUNTY, CA FOR PURPOSES
OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of
Loss
Title to goods herein being
purchased is retained by the seller until goods are paid for by the purchaser
and at that time title passes to the purchaser. Loss or damage that occurs
during shipping by a carrier selected by Seychelle Environmental Technologies, Inc. is Seychelle Environmental Technologies, Inc.'s
responsibility. Loss or damage that occurs during shipping by a carrier selected
by Customer is Customer's responsibility.
Export
Sales
If goods herein being purchased
are being purchased for purposes of export, the Customer must obtain from the
federal government certain export documentation before shipping to a foreign
country. In addition, manufacturers' warranties for exported goods may vary or
even be null and void for goods exported outside the United States. The Customer
should inquire further regarding any questions. Any and all liability is only
for the products purchased.
General Legal
Disclaimer
Seychelle Environmental Technologies, Inc. HEREBY
EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THIS DISCLAIMER BY Seychelle Environmental Technologies, Inc. IN NO WAY AFFECTS THE TERMS OF THE
MANUFACTURER'S WARRANTY, IF ANY.
Pricing and Information
Disclaimer
All pricing is subject to
change without notice. For all prices, products and offers, Seychelle Environmental Technologies, Inc.
reserves the right to make adjustments due to changing market conditions,
product discontinuation, manufacturer price changes, errors in advertisements
and other extenuating circumstances. High volume bids are welcome!
While
Seychelle Environmental Technologies, Inc. uses reasonable efforts to include accurate and up-to-date
information on the Site, Seychelle Environmental Technologies, Inc. makes no warranties or representations
as to the Site's accuracy. Seychelle Environmental Technologies, Inc. assumes no liability or
responsibility for any errors or omissions in the content on the Site.
Limitation of
Liability
Seychelle Environmental Technologies, Inc. WILL NOT BE
LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL,
INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED
HEREIN. Seychelle Environmental Technologies, Inc. WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING
AVAILABLE FOR USE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE
PURCHASE OF PRODUCTS OR SERVICES, Seychelle Environmental Technologies, Inc. IS NOT LIABLE OR RESPONSIBLE
FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR
THE PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT,
OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY,
COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to
this Sale Agreement, its interpretation, or the breach, termination or validity
thereof, the relationships which result from this Sale Agreement (including, to
the full extent permitted by applicable law, relationships with third parties
who are not signatories to this Sale Agreement), Seychelle Environmental Technologies, Inc.'s advertising,
or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code
of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the
claim is filed. The Code is available at http://www.arbitration-forum.com or can
be obtained by calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this Sale Agreement, this arbitration agreement is subject
to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on
the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in San Juan Capistrano, CA. Judgment on the award rendered by the arbitrator(s)
may be entered by any court having jurisdiction. Each party shall bear its own
cost of any legal representation, discovery, or research required to complete
arbitration.
Orders; Payment Terms;
Interest; Taxes
Orders are not binding
upon Seychelle Environmental Technologies, Inc. until accepted by Seychelle Environmental Technologies, Inc.. Terms of payment are
within Seychelle Environmental Technologies, Inc.'s sole discretion. Invoices are due and payable within
the time period noted on the invoice, measured from the date of the invoice.
Seychelle Environmental Technologies, Inc. may invoice parts of an order separately. Customer agrees to pay
interest on all past-due sums at the highest rate allowed by law. The Customer
is responsible for sales and all other taxes associated with the order.
Freight
Policy
Shipping and handling charges
on all orders vary; contact the Seychelle Environmental Technologies, Inc. Customer Service department if
you have special order or shipping requirements. For the Customer's protection,
we ship only to the verified billing address of the Customer's credit card. In
some circumstances, international shipping may be available. Call for details.
Return
Policy
The Product Return Policy is as
stated on the Site and may be viewed by clicking the Returns Policy button found
on the left side of any page. This policy applies to all products except those
stating their own refund policy with the product description.
Credit
Cards
Credit card charges are
processed online after ordering the products and/or
services.