TERMS AND CONDITIONS OF USE
This Site and the materials within it are © 2017 Kinzua Environmental, Inc. Viewing or using this Site creates a copy of Kinzua Environmental, Inc. materials in your computer’s random access memory and/or in your hard drive and/or in your proxy server.
Kinzua Environmental, Inc. (“Kinzua Environmental” or “Kinzua”) grants you permission to view and use this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth herein. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.
Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Kinzua Environmental that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and Kinzua Environmental relating to the sale of products or services to you through this Site, Kinzua Environmental will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
The trademarks, service marks and logos (collectively the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Kinzua and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Kinzua Environmental aggressively enforces its intellectual property rights to the fullest extent of the law. The name Kinzua Environmental, The Kinzua Environmental logo or the other Kinzua Environmental formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Kinzua Environmental. Kinzua Environmental prohibits use of the Kinzua Environmental logo as part of a link to or from any site unless establishment of such a link is approved in advance by Kinzua Environmental in writing. Fair use of Kinzua Environmental Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
While we will use our best efforts to fulfill all orders, Kinzua Environmental cannot guarantee the availability of any particular product displayed on this Site. Kinzua Environmental reserves the right to discontinue the sale of any product listed on this Site at any time without notice.
We reserve the right to limit quantities to the amount reasonable for our regular customers.
Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets.
The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
While our goal is a 100% error-free Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. Kinzua Environmental reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
For further information about purchasing products from Kinzua Environmental, please read our FAQ’s and our Product Return Policy carefully.
LINKS TO THIRD PARTY SITES
This Site may contain links to sites owned or operated by parties other than Kinzua Environmental, Inc. Such links are provided for your reference only. Kinzua Environmental does not control outside sites and is not responsible for their content. Kinzua Environmental’s inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Kinzua Environmental’s inclusion of the links imply that Kinzua Environmental is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.
TERMS AND CONDITIONS OF SALE
RETURNS. Kinzua Environmental, Inc. is more than happy to help you with product returns and replacements. We simply ask that you contact us within 30 days of receiving your order so we can act fast and determine the best way to make things right!In some cases, we will ask you to ship the items back for a full refund of the purchase price. But in many cases, we will issue you a refund without asking for a return. Our goal is to make sure you are 100% happy with your purchase!
Customer has 30 days from the date of receiving the order to request a return. If product is dirty, damaged or otherwise in less than new condition it may not be approved for return. Chemical products that have been opened may not be eligible for return. Product cannot be past its expiration date or older than 12 months whichever is applicable.
TIME LIMIT. All quotations are valid for a period of 30 days, unless otherwise specified.
SHIPMENT. All orders will be shipped FOB at the shipping point indicated on the invoice using a carrier approved by Kinzua. Unless otherwise indicated on the invoice, the shipping cost will be prepaid by Kinzua and added to the amount of the invoice.
PAYMENT TERMS. All payments are due net 30 days from date of invoice, unless otherwise specified in the invoice. Customer’s failure to make payment when due will be a material breach of these Terms and Conditions. Unless other payment terms are agreed upon prior to sale, Kinzua reserves the right to enact the following: for all invoices not paid when due will bear interest at the lesser of (i) the maximum interest rate permitted by law and (ii) 1.5% per month until paid in full. Payments for all export shipments will be made by prepaid electronic wire transmission or credit card.
SUSPENSION OF PERFORMANCE; COLLECTION. Kinzua Environmental, Inc. shall have the sole right of credit approval or credit refusal for its Customers in all cases. Kinzua’s current credit policy is to place a Customer on credit hold and to cease further shipments to Customer if an invoice has not been paid within 60 days, at which time Kinzua will send a warning letter to Customer, with a copy to Sales Representative. Any balance remaining outstanding at 120 days will be sent to collections. Kinzua reserves the right to alter such policies at its discretion. If in Kinzua’s judgment, Customer’s financial position does not justify the terms of payment specified, Kinzua may require full or partial payment prior to shipment of the goods. Customer agrees to furnish Kinzua with the requested credit information. Customer agrees to pay reasonable attorney fees to Kinzua in the event suit is necessary to collect on account of nonpayment of the bill for material and/or services.
TAXES. Federal, state, or local indirect taxes, including without limitation sales and/or use taxes, VAT taxes, GST taxes, transfer taxes or any similar tax are not always included in the quoted price for the products, will be separately set forth in the invoice and will be paid by Customer. Customer will provide Kinzua with all applicable reseller exemption certificates.
WARRANTY. Kinzua warrants only that all goods manufactured by Kinzua shall be free from defects in material and workmanship; provided, however, that this warranty shall be limited to goods found to be defective within a period of 30 days from the date of shipment (“Warranty Period”). Resale products shall carry only the warranty offered by the original manufacturer and no warranty by Kinzua. The Customer’s sole and exclusive remedy for any liability of Kinzua of any kind, including (a) warranty, express or implied, whether contained in these Standard Terms and Conditions of Sale, or in any terms additional or supplemental hereto, (b) contract, (c) negligence, (d) tort, or (e) otherwise, is limited to the repair or replacement by Kinzua of those goods which an examination by Kinzua reveals to be defective during the Warranty Period, or at Kinzua’s option to refund to Customer the money paid to Kinzua for such goods. Kinzua will have no obligation to remedy defects unless, within the Warranty Period, Customer gives Kinzua written notice of its claim. In no event shall Kinzua incur any obligation to repair or replace goods that are determined by Kinzua to be defective due to Customer misuse, or due to use not in accordance with applicable labeling. EXCEPT FOR THE EXPRESS WARRANTY STATED HEREIN, KINZUA ENVIRONMENTAL DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE GOODS, INCLUDING ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. The return of goods that are subject to warranty claims is subject to the terms of Section 11 of these Terms and Conditions.
DELIVERIES. The delivery date(s) quoted are based on Kinzua’s best estimate of a realistic time when delivery to the carrier will be made, and are subject to confirmation at time of acceptance of any resulting order. Kinzua reserves the right to make either early shipment or partial shipments and to invoice Customer accordingly.
EXCUSABLE DELAYS. Kinzua shall not be liable for loss, damages, detention, or delays resulting from causes beyond its reasonable control or caused by but not limited to strikes, restrictions of the United States Government or other governments having jurisdiction, delays in transportation, inability to obtain necessary labor, materials, or manufacturing facilities, or any other cause reasonably beyond its control, whether similar or dissimilar to those listed.
INSTALLATION/SERVICE. Customer will install any products requiring installation, unless otherwise agreed to in writing.
CANCELLATION. Cancellation of any order must be by written notice to Kinzua and will be subject to cancellation charges, which will include all expenses incurred by Kinzua and a reasonable profit on the sale.
CONSEQUENTIAL DAMAGES; LIMITATION OF LIABILITY. KINZUA WILL NOT BE LIABLE FOR ANY LOST PROFITS, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER ARISING UNDER WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, INDEMNIFICATION, OR ANY OTHER CAUSE OR COMBINATION OF CAUSES WHATSOEVER. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. In no case will Kinzua’s liability exceed the amount paid to Kinzua by Customer for the specific goods giving rise to such liability.
EXPORT SALES. Kinzua will not export or deliver any products, technical information, data, and/or equipment outside of the United States of America, if such export or delivery is then prohibited or restricted by any law or regulation of the federal government of the United States of America. Customer will comply with all applicable export and re-export control laws and regulations, including without limitation, the Export Administration Regulations (15 C.F.R. Parts 730, et seq.) maintained by the U.S. Department of Commerce and the Office of Foreign Assets Control Regulations (31 C.F.R. Chapter V) of the U.S. Treasury Department. Specifically, Customer will not, directly or indirectly, sell, export, re-export, transfer, provide, divert, loan, lease, consign, or otherwise dispose of goods, services, software, source code, or technology received in connection with this order to any person, entity, or destination prohibited by the laws or regulations of the federal government of the United States of America, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
COMPLIANCE WITH FAIR LABOR STANDARDS ACT. The goods and/or the performance of the services covered by this invoice were produced in compliance with the Federal Fair Labor Standards Act of 1938, as amended. Kinzua hereby certifies that the goods were produced in compliance with all applicable requirements of Sections 6, 7, and 12, of the Fair Labor Standards Act as amended, and of the regulations and orders of the United States Department of Labor issued under Section 14 thereof. Kinzua considers orders that are subject to these Standard Terms and Conditions of Sale as not being subject to any government contract provisions, including but not limited to, Armed Services Procurement Regulations.
GOVERNING LAW. All matters involving the validity, interpretation, and application of these Standard Terms and Conditions of Sale will be controlled by the laws of the State of Ohio, United States of America. The parties disclaim any applicability of the U.N. Convention on the International Sale of Goods to the order.
CLERICAL ERRORS: All stenographic and clerical errors are subject to correction.
HEADINGS. The headings used throughout are for convenience only and will be disregarded for the purpose of construing and enforcing these Standard Terms and Conditions of Sale.
EFFECT OF OTHER TERMS. These Standard Terms and Conditions of Sale are intended to be a complete expression of the terms applicable to any sale of products or services by Kinzua. Therefore, no terms or conditions set forth in any purchase order or any confirmation form will be effective to modify these Standard Terms and Conditions of Sale. Furthermore, Section 2-207 of the Uniform Commercial Code, as in effect in the law of any state, will not be applied to modify these Standard Terms and Conditions of Sale.