Terms and Conditions of all Sales
UVC LLC and CopperDisinfector LLC
1. ORDER ACKNOWLEDGMENTS SHALL ONLY BE BINDING UPON UVC LLC (HEREINAFTER REFERRED TO AS UVC or CopperDisinfector) IF GENERATED AND AUTHORIZED BY A REPRESENTATIVE OR AGENT OF UVC.
2. UVC AGREES TO FURNISH ONLY THE ITEMS AS DESCRIBED IN UVC INVOICE. IT IS THE RESPONSIBILITY OF THE CUSTOMER TO VERIFY AND APPROVE ALL ORDERS, DESIGNS, SPECIFICATIONS, ETC. IN WRITING FOR ACCURACY AND FITNESS OF PRODUCTS SUPPLIED BY UVC. UVC IS NOT RESPONSIBLE FOR ANY ERRORS IN PRODUCTS, PERFORMANCE, FITNESS, COMPONENTS OR DESIGNS.
3. PRICES QUOTED ARE FIRM FROM THE QUOTATION DATE ONLY. THIS EXCLUDING THE COST OF COPPER AND OTHER COSTS UNLESS OTHERWISE STATED. THE PRICES ARE SUBJECT TO CHANGE. MINOR REVISIONS OF THE PRODUCT SPECS MAY OCCUR WITHOUT NOTICE.
4. ALL ITEMS ARE F.O.B. UVC’S SHIPPING POINT. UVC IS NOT RESPONSIBLE FOR ANY DAMAGE INCLUDING COSTS CAUSED BY A SHIPPER. IT IS THE SOLE RESPONSIBILITY OF THE CUSTOMER TO FILE ANY CLAIMS WITH THE SHIPPER. IT IS THE RESPONSIBILITY OF THE CUSTOMER TO ACQUIRE ADEQUATE INSURANCE FOR ALL SHIPMENTS. CHECK WITH SHIPPER FOR DETAILS. SHIPPING AND HANDLING ARE EXTRA. PURCHASER MUST INSPECT THE GOODS UPON ARRIVAL AND REPORT ANY PROBLEMS OR DAMAGE IN WRITING TO THE SHIPPER AND UVC’S OFFICE OR REP WITHIN (24) (TWENTY-FOUR) HOURS.
A. RETURNS, REFUNDS AND TITLE
UVC does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, UVC does not take title to the refunded item.
5. GOODS SOLD OR RELEASED FOR PRODUCTION BUT UVC OR ITS AGENTS ARE PREVENTED BY THE PURCHASER FROM SHIPPING, DELAY IN PAYMENT, OR DELAYED BY THE ACKNOWLEDGED SHIPPING DATE, WHICHEVER IS LATER, UVC MAY AT ITS OPTION, IN ADDITION TO ALL OTHER REMEDIES, INVOICE THE PURCHASER OF ANY COSTS CAUSED BY THE DELAY TO BE PAYABLE WITHIN 24 HOURS OF RECEIPT
6. TITLE TO, AND RISK OF LOSS AND DAMAGE TO THE GOODS, PASSES TO THE PURCHASER AT THE UVC SHIPPING POINT.
7.
(a) UVC WARRANTS THE GOODS SOLD SHALL BE FREE OF MANUFACTURES DEFECTS. UVC MAKES NO GUARANTEE AGAINST CORROSION, ABRASION, WRINKLING, DISTORTION OF MATERIAL, COLOR CHANGES, MISHANDLING, IMPROPER USE OR INSTALLATION. UVC MAKES NO GUARANTEE WHATSOEVER FOR DAMAGES IN ANY WAY RELATING TO INJURY FROM HANDLING, USE, WATER DAMAGE, MISUSE, MODIFICATION OF ANY KIND, ACTS OF GOD, MOLD, FUNGUS OR BACTERIA, OR ANY GOODS MANUFACTURED OR SUPPLIED BY OTHERS. UVC MAKES NO OTHER EXPRESS WARRANTS, AND NO AFFIRMATION BY UVC OR ITS REPRESENTATIVES, BY WORD OR ACTION, SHALL CONSTITUTE A WARRANTY. UVC MAKES NO GUARANTEE OF FITNESS OF ANY COMPONENT OR PRODUCT SUPPLIED. UVC MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
(b.)
IN THE EVENT OF A BREACH OF THE ABOVE WARRANTY OR NEGLIGENCE ON THE PART OF UVC, UVC SHALL ONLY BE OBLIGATED TO EITHER REPAIR OR REPLACE THE COMPONENT ONLY, AT UVC OPTION. LABOR OR OTHER COSTS ARE NOT REFUNDABLE BY UVC OR ITS AGENTS. THIS WARRANTY ONLY COVERS THE SUPPLIED PART OR PRODUCT. UVC’S ONLY OBLIGATION IS TO REPAIR OR REPLACE THE PART SUPPLIED AND IS THE PURCHASER’S EXCLUSIVE REMEDY. UVC IS NOT RESPONSIBLE FOR LOSS OF PROFITS, EXPENSES, DAMAGES, ETC. FOR BREACH OF WARRANTY, OR FOR NEGLIGENCE ON THE PART OF UVC.
(c.)
ALL PARTS OF THE PRODUCT SHALL BE RETURNED TO THE UVC’S FACTORY OR AUTHORIZED SERVICE STATION DESIGNATED BY UVC; FREIGHT PREPAID. IF UVC DETERMINES THE PART TO BE DEFECTIVE AND WITHIN THE UVC WARRANTY, UVC SHALL, WHEN SUCH PART HAS BEEN EITHER REPLACED OR REPAIRED, RETURN TO PURCHASER, F.O.B. UVC FACTORY.
(d.)
THIS WARRANTY SHALL BE VOID FOR ANY GOODS WHICH
(1) HAVE BEEN REPAIRED OR ALTERED OUTSIDE UVC’S FACTORY IN ANY MANNER; OR
(2) HAVE BEEN SUBJECT TO MISUSE, NEGLIGENCE OR ACCIDENTS; OR
(3) HAS BEEN USED IN A MANNER CONTRARY TO UVC’S PRINTED INSTRUCTIONS: OR
(4) HAVE NOT BEEN PAID FOR IN FULL OR PAYMENT TERMS GRANTED BY UVC.
(e.)
UVC SHALL NOT, IN ANY MANNER WHATSOEVER, BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AND RESELLER INDEMNIFIES AND HOLDS HARMLESS UVC AND ITS AGENTS AGAINST ANY AND ALL CLAIMS AND COSTS INCLUDING LEGAL FEES INCURRED DUE TO CLAIMS AGAINST UVC PRODUCTS, DESIGNS OR SERVICES.
8. ALL SALES, USE, EXCISE, TRANSPORTATION, PRIVILEGE, OCCUPATIONAL CONSUMPTION, STORAGE, OR OTHER TAXES WHICH MAY BE LEVIED BY ANY TAXING AUTHORITY AS A RESULT OF THIS TRANSACTION SHALL BE PAID BY THE PURCHASER.
9. UNLESS OTHERWISE AGREED TO IN WRITING BY UVC, ANY TECHNICAL DATA, FURNISHED IN CONJUNCTION WITH THIS ORDER AND FUTURE ORDERS NOT OBTAINABLE FROM ANOTHER SOURCE SHALL NOT BE DUPLICATED, USED, OR DISCLOSED IN WHOLE OR IN PART FOR ANY PURPOSE OTHER THAN TO EVALUATE THIS ORDER.
10. UVC SHALL HAVE NO LIABILITY OR OTHER OBLIGATION HEREUNDER, IF IT’S PERFORMANCE IS DELAYED OR PREVENTED TO ANY EXTENT BY ANY EVENT. SUCH AS, BUT NOT LIMITED TO, ANY ACT OF GOD, STRIKE OR WORK STOPPAGE, FIRE, FLOOD, ACCIDENT, ALLOCATION, ECONOMIC EVENTS, CIVIL UNREST, CONTROLS OF GOVERNMENT AUTHORITIES, PARTS SHORTAGE, TRANSPORTATION DELAYS, MATERIALS DELAYS, LABOR, OR ANY OTHER CAUSE BEYOND UVC’S CONTROL. SHIPPING DATES STATED BY UVC IS UVC’S BEST ESTIMATE, UVC MAKES NO GUARANTEE OF SHIPMENT BY ANY SUCH DATE AND SHALL HAVE NO LIABILITY OR OTHER OBLIGATION FOR FAILURE TO SHIP ON SUCH DATE, REGARDLESS OF CAUSE.
11. PAYMENT TERMS ARE PRE-PAY FOR ALL CUSTOMERS. CREDIT TERMS MAY BE EXTENDED, AND MUST BE APPROVED IN WRITING BY UVC’S CORP OFFICE. ONE AND ONE-HALF PERCENT (11/2%) PER MONTH (18% ANNUAL RATE) MAY BE CHARGED ON PAST DUE ACCOUNTS WERE PERMITTED BY APPLICABLE LAW. IN THE EVENT ACCOUNT MUST BE PLACED FOR COLLECTION, PURCHASER SHALL BE RESPONSIBLE FOR ANY AND ALL COSTS AND ATTORNEYS’ FEES INCURRED BY UVC OR IS AGENTS IN SECURING PAYMENT.
12. PURCHASER SHALL NOT CANCEL THE CONTRACT. IN THE EVENT PURCHASER CANCELS THE CONTRACT, UVC SHALL BE ENTITLED TO RECEIVE FROM PURCHASER, UVC COSTS PLUS A REASONABLE ALLOWANCE FOR OVERHEAD AND PROFIT.
13. PURCHASER SHALL NOT ASSIGN ANY OF ITS INTEREST RIGHTS UNDER THIS AGREEMENT WITHOUT WRITTEN CONSENT OF UVC.
14. UVC WILL NOT FURNISH LIEN WAIVERS OR RELEASES UNTIL UVC RECEIVES PAYMENT IN FULL, AT ITS CORP OFFICE IN MINDEN, NEVADA, FROM PURCHASER FOR THE GOODS COVERED BY THIS ORDER.
15. ALL ORDERS ARE EXPRESSLY LIMITED AND MADE CONDITIONAL UPON ACCEPTANCE BY PURCHASER OF THE TERMS AND CONDITIONS LISTED ABOVE WITHOUT CHANGE. THIS AGREEMENT WILL AUTOMATICALLY APPLY TO ALL ORDERS PLACED IN THE FUTURE WITH UVC
AND ITS AGENTS. THERE SHALL BE NO UNDERSTANDINGS, AGREEMENTS, OR OBLIGATIONS (OUTSIDE OF THESE TERMS AND CONDITIONS) ALL ORDERS, PARTS, REPLACEMENT PARTS,
MIS SALES, INTERNET SALES, WRITTEN, VERBAL OR OTHER, WILL BE SUBJECT TO THE ABOVE TERMS. THESES TERMS WILL BE DEEMED ACCEPTED BY CUSTOMER UPON THE FIRST ORDER AND ALL TRANSACTIONS IN THE FUTURE.