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.
2.1 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.
3.1 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.
4.1 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).
5.1 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
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.
6.1 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.
7.1 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.