Terms and Conditions
Welcome to customglassandsilicon.com (“Web Site”). Custom Glass and Silicon, LLC (“we” or “us” or “Seller”) owns and operates this Web Site. Please take a few minutes to review these Terms and Conditions as they apply to you as a purchaser of Seller’s products (“you” or “Buyer”). These Terms and Conditions apply to your access and use of the Web Site. Your use of the Web Site constitutes your agreement to follow these Terms and Conditions and to be bound by them. We reserve the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Web Site.
The prices for all products are clearly marked in their description and are in U.S. Dollars. We reserve the right to change the prices of any products prior to confirmation without notice to you. All delivery charges are also displayed on the Web Site.
We reserve the right to accept and/or cancel any order for products that you place with us. We will not be liable to you if we do not accept or cancel your order. We will notify you of any non-acceptance or cancellation. Your receipt of a confirmation of your order is not binding upon us and may be cancelled or delayed by Seller due to unforeseen conditions.
Upon receipt of a Buyer’s order, Seller will verify:
- Availability of product to stated lead time.
If product is available within stated lead time, a standard order confirmation with a unique confirmation number will be sent by email to Buyer including: List of items numbers, quantity of each ordered, unit price, expected ship date of each line item, and total price including all line items, freight and any other applicable fees to be charged to credit card.
If product is not available within stated lead time, Buyer will be notified of expected lead time and given the option to cancel their order. If the new lead time is accepted, a standard order confirmation will be sent by email reflecting the new lead time.
DELIVERY, CLAIMS, DELAYS
All sales are shipped via UPS Ground, unless otherwise noted. If Shipping and Handling Charges are quoted or invoiced, they will include charges in addition to actual freight costs. Delivery of the goods to the carrier at Seller’s shipping point shall constitute delivery to Buyer and Buyer shall bear all risk of loss or damage in transit. Seller reserves the right, in its discretion, to determine the exact method of shipment Delay in delivery of any installment shall not relieve Buyer of Buyer’s obligations to accept remaining deliveries.
Immediately upon Buyer’s receipt of any goods shipped hereunder, Buyer shall inspect the same and shall notify Seller in writing of any claims for shortages, defects or damages and shall hold the goods for Seller’s written instructions concerning disposition. If Buyer shall fail to so notify Seller within fourteen (14) days after the goods have been received by Buyer, such goods shall conclusively be deemed to conform to the terms and conditions hereof and to have been irrevocably accepted by the Buyer. Any product to be returned to Seller by Buyer must comply with Seller’s RMA (Return Material Authorization) procedure and shipping instructions which are provided below.
Seller shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver, or otherwise perform hereunder due to any cause beyond Seller’s reasonable control, including, without limitation, act of Buyer, embargo or other governmental act, regulation or request affecting the conduct of Seller’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm, or other natural disasters, delay in transportation, or inability to obtain necessary labor, fuel, materials, supplies or power at current prices.
RETURN MATERIAL AUTHORIZATION
Buyer may initiate a return of materials by phone or email. Buyer must include the order confirmation number, item number, quantity to be returned and detailed reason for return request. If the product is deemed returnable, an RMA number and shipping instructions will be provided. All returns must be packaged adequately to prevent damage in transit, must reference the RMA number provided and must follow shipping instructions provided. Any materials returned damaged as a consequence of improper packaging or product returns not adhering to this procedure may be denied and subject to shipping charges incurred.
ACCEPTANCE OF PRODUCTS
ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED HEREIN, AND UPON BUYER’S ASSENT THERETO. NO VARIATION OF THESE TERMS AND CONDITIONS WILL BE BINDING UPON SELLER UNLESS AGREED TO IN WRITING AND SIGNED BY AN OFFICER OR OTHER AUTHORIZED REPRESENTATIVE OF SELLER.
TAXES AND OTHER CHARGES
Any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Seller and Buyer shall be paid by Buyer in addition to the prices quoted or invoiced. In the event Seller is required to pay any such tax, fee or charge, Buyer shall reimburse Seller therefore; or, in lieu of such payment, Buyer shall provide Seller at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge.
MATERIAL SAFETY DATA SHEET
Federal Hazard Communication Standard requires manufacturers or distributors to publish and distribute “Materials Safety Data Sheet (MSDS)”; It additionally requires manufacture and distributors to furnish a copy of the MSDS for the users of their products. Accordingly a MSDS will be enclosed with each shipped product when you request so. We suggest that you make this information available to each and every user of our products.
CONTENT AND INTELLECTUAL PROPERTY RIGHTS
All of the content and materials on the Web Site is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by us. Your use of the trademarks, service marks, trade dress and copyrighted material displayed on the Web Site is strictly prohibited. You may download, print and store selected portions of the content and materials provided that you (a) only use these copies for the content for your own personal, non-commercial use, (b) do not copy or post the content on any network computer or broadcast the content in any media, or (c) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you. We reserve all right, title and interest and intellectual property rights in any content. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content.
DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS WEB SITE AND ALL CONTENT IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT OUR LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTY, AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
UNDER NO CIRCUMSTANCE AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE OR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, MANAGERS, MEMBERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEB SITE OR PRODUCTS OBTAINED FROM THE WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF ONE OF OUR AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEB SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
You are solely responsible for your use of the Web Site, all products obtained through the Web Site, any username, password and any information made available on the Web Site from time to time and for any consequences or effects (whether direct or indirect) of such use.
We do not warrant that the Web Site will be uninterrupted or error free and we are not responsible for the non-performance or interruption of the Web Site or for any viruses transmitted through the Web Site.
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, successors and assigns from any and all claims, liabilities, costs and expenses (including reasonable attorneys’ fees) arising in any way from your use of the Web Site or products purchased from the Web Site
LINKS TO OTHER WEB SITES
Any links from the Web Site to third party web sites do not constitute an endorsement by us of any products or services available on such web sites. Your use such links is entirely at your own risk and we are not responsible for the content or use of such web sites or information contained in them.
ERRORS AND OMISSIONS DISCLAIMER
From time to time there may be information on our Web Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information prior to order confirmation.
The availability of products may change without notice to you. If you order a product and it is not available within the stated lead time, you will be notified of the expected lead time and given the option to cancel your order. If you accept the revised lead time, an order confirmation will then be provided reflecting the new lead time.
USE OF PRODUCTS
Use of products purchased from our Web Site is at your sole risk and responsibility. We are not responsible or liable for your use of any products.
Payment is to be made by credit card or debit card, at the time you place your order. When you submit your order you authorize us to charge your card for the total amount of the order, including all shipping charges and taxes. If a product that you ordered is unavailable or is on backorder, we will not charge your card until the product is shipped to you.
In the event of default by Buyer in the payment of the purchase price or otherwise, of this or any other order, Seller, at its option, without prejudice to any other of Seller’s lawful remedies, may defer delivery, cancel this Contract, or sell any undelivered products on hand for the account of Buyer and apply such proceeds as a credit, without set-off or deduction of any kind, against the contract purchase price, and Buyer agrees to pay the balance then due to Seller on demand. Buyer agrees to pay all costs, including, but not limited to, reasonable attorney and accounting fees and other expenses of collection resulting from any default by Buyer in any of the terms hereof. Amounts not paid when due shall be subject to interest at the rate of one and one-half percent (1.5%) per month or, if less, the maximum rate permitted by law.
RESTRICTIONS ON USE
As a condition of your use of this Web Site you agree that you will not: (a) reverse engineer or decompile (whether in whole or in part) any software available through the Web Site (except to the extent expressly permitted by applicable law); (b) remove, change or obscure any product identification or notices of proprietary rights or any restriction on or in the products and/or the Web Site; (c) remove any copyright, trade mark or other intellectual property right notices contained in material on the Web Site or the products; or (d) make copies, modify, reproduce, republish, post, transmit, distribute or alter (including the creation of HTML links to or from the Web Site) all or any part of the Web Site or any materials contained on it.
We reserve the right to terminate this agreement and your access to the Web Site at any time and without notice, for any reason whatsoever. We also reserves the right to bar anyone from using the Web Site.
You may contact us about any problems, questions or comments regarding the Web Site or products at [email protected].
We welcome your comments about our Web Site. All comments, feedback, notes, messages, suggestions, ideas or other communications sent to our Web Site shall be and remain our exclusive property. Your submission of any such comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the comments. We will be entitled to us, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or other original creative materials, such as stories, product ideas, computer code or original artwork. You are and shall remain solely responsible for the content of any comments you make.
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia. You expressly consent to the exclusive jurisdiction of the state or federal courts located in Norfolk, Virginia in all disputes arising out of or relating to the use of the Web Site or the provision of products by us.
UNLAWFUL OR IMPROPER USE
You must not use the Web Site for any unlawful purposes or violate the security of the Web Site.