1. THIS IS A CONTRACT
Following are the terms and conditions which govern the sale of product on POWERDECAL’s web site ("Web Site"). These terms and conditions are intended to be a legal and binding agreement between POWERDECAL INC., including its affiliates ("POWERDECAL"), and you. By accessing and browsing this Web Site, you acknowledge that you have read and reviewed the following terms and conditions and that you agree to be bound by them. POWERDECAL reserves the right, in its sole discretion, to change these terms and conditions at any time without prior notice.
“These terms and conditions (and those set forth on the Order Form, in the Limited Warranty, and in the Order,Shipping and Returns instructions on this Website) (collectively, the“Agreement”) shall govern and are hereby incorporated in every contract made by or on behalf of POWERDECAL with you, and will prevail over any inconsistent, additional or conflicting terms and conditions contained in any document submitted by you or implied by trade, custom or usage in the industry, all of which are hereby rejected by POWERDECAL. A variation on these terms and conditions is valid only if it is in
writing and signed by an authorized officer of POWERDECAL. Your acceptance of the products constitutes your unconditional acceptance of these terms and conditions.”
2. ORDERS; PAYMENT TERMS; SHIPPING CHARGES
Orders are not binding upon POWERDECAL until acceptance by POWERDECAL at its home office. POWERDECAL is not responsible for pricing errors or other errors on the website, and reserves the right to cancel orders arising from such errors. Payment must be received by POWERDECAL prior to POWERDECAL's acceptance of an order. POWERDECAL reserves the right to change payment terms at any time. The customer is responsible for all shipping charges. Title passes upon shipment of the product from a POWERDECAL facility.
3. ADHERANCE TO PRODUCT USE GUIDE
You agree to use your product in strict accordance with the Product Use Guide which contains important legal and safety information.
4. AVAILABILITY OF PRODUCTS AND SERVICES
The products and services displayed on the Web Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Web Site does not imply or warrant that these products or services will be available at any time in your particular location.
5. WARRANTIES; LIMITATION OF LIABILITY
EXCEPT FOR LIMITED WARRANTY (see RETURNS PAGE), THE PURCHASER TAKES THE POWERDECAL™ PRODUCT "AS IS". POWERDECAL DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSES WHATSOEVER.
IN ADDITION, POWERDECAL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM THE PURCHASE, USE, OR MISUSE OF, OR INABILITY TO USE THE PRODUCT OR ARISING DIRECTLY OR INDIRECTLY FROM THE USE OR LOSS OF USE OF THE PRODUCT OR FROM THE BREACH OF THE LIMITED WARRANTY, INCLUDING INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES, OR LOSS OF ANTICIPATED PROFITS OR BENEFITS, OR FOR DAMAGES ARISING FROM ANY TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE) OR FAULT COMMITTED BY POWERDECAL, ITS AGENTS OR EMPLOYEES, OR FOR ANY BREACH OF CONTRACT OR FOR ANY CLAIM BROUGHT AGAINST PURCHASER BY ANY OTHER PARTY. IN NO EVENT SHALL POWERDECAL LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT IN QUESTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR HOW LONG A LIMITED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY IS LIMITED TO THE ORIGINAL OWNER, AND IS NOT TRANSFERABLE TO, OR ENFORCEABLE BY, A SUBSEQUENT OWNER.
6. COMPLIANCE WITH LAWS
POWERDECAL makes no representation that its product offerings are appropriate or legal for use inside or outside the United States. You are responsible for all compliance with your local laws and use of POWERDECAL's product offerings where illegal are expressly prohibited.
“INDEMNIFICATION. You agree to indemnify, defend and hold harmless POWERDECAL, its officers, owners, agents, employees and representatives, from and against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including, but not limited to, attorneys’ fees and costs, claimed by any person or entity arising out of, or related to, (i) any products sold by POWERDECAL, (ii) the use, possession or condition of such products, or (iii) any violation or infringement of copyright or trademark laws and rights of third parties.”
8. SEVERABILITY
“SEVERABILITY. If, at any time subsequent to the date hereof, any provision of this Agreement shall be held by any court of competent jurisdiction to be illegal, void or unenforceable, such provision shall be of no force and effect, but the illegality or enforceability of such provision shall have not effect upon and shall not impair the enforceability of any other provision of this Agreement.”
“FORCE MAJEURE. POWERDECAL shall have no liability to you or any third party for any loss, damage, or expense from any third party for any loss, damage, or expense from any delay or failure of performance due to any cause beyond the control of POWERDECAL, including, but not limited to, commercial impracticability, acts of God, fire, strike, accident, war conditions, government regulation or restriction, shortages in transportation, power, labor or material, freight embargo, riot or civil commotion, default of any suppliers or prohibitions or events which render performance difficult or
impossible.”
10. OTHER DOCUMENTS
The terms and conditions in this Agreement may not be amended, supplemented, or altered by any other document(s) and any attempt to so, amend, supplement, or alter, is null and void unless agreed to in writing by both parties.
11. GOVERNING LAW AND VENUE
This Agreement, and thus any sale, shall be interpreted, construed and governed by the laws of the State of Illinois, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the District Courts of the State of Illinois in Cook County or the Federal District Courts of the Northern District of Illinois (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, POWERDECAL shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of POWERDECAL, such action is necessary or desirable.
12. ENTIRE AGREEMENT
“ENTIRE AGREEMENT. This Agreement (and those set forth on the Order Form, in the Limited Warranty, and in the Order, Shipping and Returns instructions on this Website) constitutes the entire agreement between you and POWERDECAL pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between you and POWERDECAL with respect to such subject matter.”
Trademarks and registered trademarks:
All products or service names mentioned on this server are trademarks or registered trademarks of their respective owners.
© 2011 POWERDECAL INC., ALL RIGHTS RESERVED
All logo copyrights and trademarks are property of their respective owners.
POWERDECAL™ is a Master Distributor for RICO Industries.
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