Terms and Conditions
By accepting delivery of any product delivered from Fovitec (USA) International, Inc.,("Fovitec"), you ("Customer") agree to be bound by the terms and conditions listed below. You and Fovitec agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Fovitec. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Fovitec.
1. FOVITEC SATISFACTION GUARANTEE
Fovitec offers our customers a 15-day satisfaction replacement or refund guarantee on all purchases (with applicable restocking fee). However, to take advantage of Fovitec's return guarantee policy, Customer agrees to comply with Fovitec's Product Return Procedure as below. Any breach of Fovitec's Return Policy Procedure will result in the loss of Fovitec's replacement/return guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected.
Product Return Procedure:
To return a product based upon Fovitec's replacement/return guarantee, you must obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the product (described above). Please contact us by telephone to receive an RMA number. Fovitec will not accept returns without prior authorization and a RMA number. Once issued, RMA numbers are valid for 10 days within which return products must be received by Fovitec. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.
Customer is solely responsible for shipping any returned product to Fovitec. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, Fovitec's Return Procedure will be breached and Fovitec will reject the entire return or may choose to impose additional charges against the customer for replacement of the missing component.
Fovitec will not refund to Customer the original shipping charges. In addition, Fovitec will assess a 15% restocking fee against the Customer's account on all returns for refund.
Fovitec is a distributor only. Products sold by Fovitec are not manufactured by Fovitec. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if any). Fovitec assigns and passes through to the Customer any warranty of the manufacturer, and Customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products. Fovitec MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. Fovitec DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
3. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES FOVITEC’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. FOVITEC SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. FOVITEC SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT FOVITEC IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
4. GENERAL TERMS AND CONDITIONS
Payment Terms; Orders: An order is not binding upon Fovitec until it is accepted; Fovitec must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or other methods as available in the Fovitec.com shopping cart.
Shipping Charges & Taxes: Your total cost for purchase of any product will include shipping, handling charges and applicable taxes shown on the Fovitec.com shopping cart. Fovitec applies required sales tax in the State of California.
Title; Risk of Loss: Fovitec will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. Fovitec will advise Customer of estimated shipping dates, but Fovitec will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction: Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Fovitec and Customer shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Fovitec and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of California, Orange County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Fovitec that is more than one year after the date of the applicable invoice.
Severability: If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.
Waiver: The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement: These terms and conditions are the complete and exclusive agreement between Fovitec and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Fovitec and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.