Terms and Conditions of Sale
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PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS (LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU).
This Agreement contains the terms and conditions that apply to your purchase (or lease) from the SeaVisions entity named on the invoice (“SeaVisions”) that will be provided to you (“Customer’) on orders for Aquarium systems and/or related products sold in the United States. By accepting delivery of the Aquarium systems and/or other products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH SEAVISIONS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR UNLESS OTHER SEAVISIONS STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in SeaVisions sole discretion.
- Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and SeaVisions.
- Governing Law. THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
- Payment Terms; Orders; Quotes; Interest. Terms of payment are within SeaVisions sole discretion, and unless otherwise agreed to by SeaVisions, SeaVisions must receive payment prior to SeaVisions acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by SeaVisions. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. SeaVisions may invoice parts of an order separately. Orders are not binding upon SeaVisions until accepted by SeaVisions. Any quotations given by SeaVisions will be valid for the period stated on the quotation. Customer agrees to pay interest on all past due sums at the highest rate allowed by law.
- Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on SeaVisions invoice(s). Unless Customer provides SeaVisions with a valid and correct tax exemption certificate applicable to the product ship to location prior to SeaVisions acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for SeaVisions franchise taxes and taxes on SeaVisions net income. If applicable, a separate charge for taxes will be shown on SeaVisions invoice.
- Title; Risk of Loss. Title to products passes from SeaVisions to Customer on shipment from SeaVisions facility. Loss or damage that occurs during shipping by a carrier selected by SeaVisions is SeaVisions responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Title to software will remain with the applicable licensor(s).
- Warranties. THE LIMITED WARRANTIES APPLICABLE TO SEAVISIONS BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS. SEAVISIONS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN SEAVISIONS’ APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND SEAVISIONS WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON SEAVISIONS’ RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. SEAVISIONS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF’ MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SEAVISIONS RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN SEAVISIONS APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. SeaVisions reserves the right to modify its warranty at any time, in its sole discretion.
- Year 2000. SeaVisions branded hardware is covered by SeaVisions “Year 2000 Statement of Compliance,” a copy of which may be obtained by visiting SeaVisions website at www.SeaVisions.com/year2OOO or by contacting your sales representative. The Year 2000 Statement of Compliance is the exclusive statement of SeaVisions liability for year 2000 readiness and compliance.
- Return Policies. SeaVisions systems and parts that are purchased directly from SeaVisions by an end user may be returned only if the part or item was not a custom designed part or item and or was not a filtration type device or the Biosafe Mail system that was put into service. Any and all items that the customer request to be returned must receive an RMA # directly from SeaVisions. It will be At SeaVisions sole discretion if the Item is returnable.
- Exchanges. From time to time, SeaVisions may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with SeaVisions exchange policies in effect on the date of the exchange.
- Products. SeaVisions policy is one of on going product update and revision. SeaVisions may revise and discontinue products at any time. SeaVisions will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. The parts and assemblies used in building SeaVisions products are selected from new and equivalent to new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned.
- Limitation of Liability. SEAVISIONS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. SEAVISIONS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
- Arbitration. Any claim, dispute or controversy (whether in contract, tort, orotherwise, whether pre-existing, present or future, and including statutory,common law, intentional tort and equitable claims) against SeaVisions, its agents,employees, successors, assigns or affiliates (collectively for purposes of this paragraph, “SeaVisions”) arising from or relating to this Agreement, its interpretation,or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), SeaVisions advertising, or any related purchase shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at hftp://www.arb‑forum.com , or via telephone at 1‑800‑474‑2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and SeaVisions. The arbitration shall be held in a mutually agreed upon location in person, by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. SeaVisions has separate terms and conditions governing resale’s.
- Service and Support. SeaVisions endeavors to provide the best customer and technical telephone support in the aquarium systems industry. For end‑user Customers, SeaVisions promises that its support people will attempt to handle over the telephone any problem involving SeaVisions products. However, SeaVisions support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. SeaVisions has no obligation to provide service or support until SeaVisions has received full payment for the product or service/support contract for which service or support is requested. SeaVisions can make on-site service available to Customer in the United States in accordance with the then current terms and conditions set by SeaVisions and/or the third party service provider.
The following are terms of a legal agreement between you and SeaVisions Corporation (“SeaVisions”). By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and (re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by SeaVisions from its offices within the United States. SeaVisions makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Florida.
The copyright in all material provided on this Site is held by SeaVisions or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of SeaVisions or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without SeaVisions permission, “‘mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
U.S. Government Restricted Rights
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, `duplication, or disclosure by the Government is subject to restrictions as set forth in ;applicable laws and regulations. Use of the materials by the Government constitutes ;acknowledgment of SeaVisions proprietary rights in them. A partial list of U.S. Trademarks owned by SeaVisions follows. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of SeaVisions should be referred to SeaVisions at U.S. 1-954-385-2899. The Trademarks followed by an asterisk (*) are registered trademarks of SeaVisions.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SEAVISIONS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF SEAVISIONS OR A SEAVISIONS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by SeaVisions or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to SeaVisions Online will be handled in accordance with SeaVisions Online Privacy Practices. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Term of Use Revisions