Clear Vue Cyclones - General Terms and Conditions

 

1. GENERAL

 

1.1  These General Terms and Conditions of Sale (“Conditions”) govern the

        offering sale and delivery of all goods and/or services (the goods and

        services herein both separately and jointly referred to as: the “Goods”) from

        or on behalf of Clear Vue Cyclones (“Seller”) to customer (“Customer”) and

        apply to all similar dealings between Seller and Customer.

 

1.2  These Conditions supersede any and all prior oral and written quotations,

       communications, agreements and understandings of the parties in respect of

       the sale and delivery of the Goods and shall apply in preference to and

       supersede any and all terms and conditions of any order placed by

       Customer and any other terms and conditions submitted by Customer.

 

1.3  These Conditions may only be varied or waived by a duly executed written

       agreement between Seller and Customer.

 

2. QUOTATIONS, ORDERS AND CONFIRMATION

 

2.1 Quotations, made by Seller in whatever form, are not binding upon Seller and

      merely constitute an invitation to Customer to place an order. All quotations

      issued by Seller are revocable and subject to change without notice. Orders

      are not binding until accepted by Seller. Seller is always entitled to refuse an

      order without indication of its reasons.

 

2.2  Each delivery shall stand as a separate transaction and any failure to deliver

       shall have no consequences for other deliveries.

 

3. PRICES

 

3.1 Prices and currencies of Seller’s Goods are as set out in Seller’s

      web site and associated pricing statements unless agreed otherwise. If Seller

      grants a discount, this discount only relates to the delivery specifically

      mentioned in Seller’s offer for a single transaction.

 

4. PAYMENT AND CUSTOMER’S CREDIT

 

4.1  Unless expressly stated otherwise in Seller’s Confirmation, payment shall be

       made on the basis of net cash, at the time of purchase.

 

4.2   Customer purchases made under the CVC “Installment Plan” shall be governed by the terms of conditions of that plan (see Installment Plan T&C).

 

5. LIMITED WARRANTY

 

5.1 Seller solely warrants that on the date of delivery the Goods shall conform to

      the product specifications as noted in descriptive materials available on the

      Seller web site and associated printed materials.

 

5.2   If and to the extent Goods fail to meet such warranty,  Seller may at its own

       option within a reasonable time either repair or replace the Goods at no

       charge to Customer, or issue a credit for any such Goods in the

       amount of the original invoice price. Accordingly, Seller’s obligation shall be

       limited solely to repair or replacement of the Goods or for credit of the

       Goods.

 

5.3   However, Seller’s obligation to repair, replace, or credit shall be contingent

       upon receipt by Seller of timely notice of any alleged non-conformance of

       Goods and, if applicable, the return of the Goods.

 

6. LIMITATION OF LIABILITY

 

6.1  Under no circumstances shall Seller be liable to Customer or any other 

         person for any kind of special, incidental, indirect, consequential or punitive

         damage or loss, cost or expense, including without limitation, damage

         based upon non-performance of the goods. Notwithstanding anything

         herein contained to the contrary, the liability of Seller for any and all claims

         for direct damages arising out of or in connection with the Goods and the

         use thereof shall under no circumstances exceed the original cost of the

         goods purchased by the customer.

 

7. COMPLIANCE WITH LAWS AND STANDARDS

 

7.1  Seller makes no promise or representation that the Goods shall conform to

         any law, statute ordinance, regulation, code or standard (“Laws and

         Standards”), unless expressly stated in Seller’s Confirmation or in the

         Specifications.  Customer acknowledges that the Use of the Goods may be

         subject to requirements or limitations under Laws and Standards. Customer

         shall be exclusively responsible for (i) ensuring compliance with all Laws

         and Standards associated with its intended use of the Goods; and (ii)

         obtaining all necessary approvals, permits or clearances for such use.