STANDARD TERMS OF SALE AND LIMITED
This Agreement applies to any order, purchase, receipt, delivery or use of any products and services (collectively, “purchase”) from Levetec Surface Preparation Machinery, LLC. (Levetec) or any of its subsidiaries or affiliates or a Levetec authorized reseller (“Reseller”), unless you enter into a separate written agreement with Levetec.
THIS AGREEMENT APPLIES TOYOUR PURCHASE UNLESS YOU NOTIFY LEVETEC IN WRITING THAT YOU DO NOT AGREE TO THIS AGREEMENT WITHIN 15 DAYS AFTER YOU RECEIVE THIS AGREEMENT AND YOU RETURN YOUR PRODUCT OR CANCEL SERVICES UNDER LEVETEC’S REFUND POLICY. THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. PLEASE SEE SECTION 8 BELOW.
1. Payment Terms. Advertised prices are in U.S. dollars and exclude shipping, handling and taxes unless otherwise noted. You are responsible for paying all taxes associated with your order. Levetec will not change prices without notice to you before Levetec enters your order and will not modify and substitute products and components without notice to you prior to shipping. Payment is due at the time stated in your invoice or when product is shipped unless Levetec has extended credit to you. Amounts not paid when due bear interest at the highest rate allowed under applicable law. If you finance your purchase, the loan or lease transaction is between you and your lender, independent of your purchase from Levetec, except that Levetec may, at the request of your lender, withhold technical and warranty support and other services from you.
2. Shipping and Title. Levetec will arrange to ship products to you. Title to products passes to you when Levetec delivers them to the shipper, and risk of loss passes to you when the shipper delivers products to the address you designate. You must notify Levetec of damaged or missing items from your order within ten (10) days after you receive your product(s).
3. Return Policy. You may return products and cancel unused services within 15 days after you receive your product or are invoiced for services. To return products and cancel services you must follow Levetec’s return procedures, including obtaining a return merchandise authorization (RMA) number and returning products within 7 days after you receive an RMA number. Levetec will refund the original purchase price of products, unperformed services and related sales taxes.
SHIPPING & HANDLING FEES (INCLUDING RELATED SALES TAXES) ARE NOT REFUNDABLE. YOU ARE RESPONSIBLE FOR PRODUCTS UNTIL LEVETEC RECEIVES THEM. YOU WILL BE CHARGED ADDITIONAL SHIPPING AND HANDLING AND/OR RESTOCKING FEES TO RETURN PRODUCTS.
Returned products must be in the same condition as you received them.
THIS RETURN POLICY IS NOT A WARRANTY.
NOTE: Levetec will not accept for return any products you purchased from a Reseller. Additional restrictions may apply on certain products purchased from the Levetec Accessory Store. Please visit our Help pages for more information.
4. Technical Support. Levetec will provide general how-to technical support for products at no additional charge. Technical support for issues beyond the scope of this basic how-to technical support may be available under other service packages. Levetec provides additional technical support via on-line, telephone, and on-site training. Levetec may change the means through which it provides technical support at any time.
5. Product Warranty. Levetec warrants to the original purchaser or, for products purchased from a Reseller, to the original end-user that Levetec-branded and distributed products will be free from defects in materials and workmanship from the date of shipment for 30 days from the date of shipment or invoice or, if longer, the period stated in the product manual or your service package regarding the normal use of the varying machine types. During the warrant period, Levetec will, at its option: (1) provide replacement parts necessary to repair the product, (2) replace the product with a comparable product, or (3) refund the amount you paid for the product, LESS DEPRECIATION, upon its return. Levetec or a third party service provider, under a separate agreement between you and the service provider, will provide labor to resolve warranty issues during your warranty period. Repair services are available at your location only if provided as part of the service package you purchased. Levetec will determine how and where repair services are provided, and you may be required to deliver your product to an authorized service location. Replacement parts or products will be new or serviceably used, comparable in function and performance to the original part or product, and warranted for the remainder of the original warranty period or, if longer, 30 days after they are shipped to you.
You authorize Levetec to send replacement parts and products to an authorized third party service provider. Purchasing additional products from Levetec does not extend your warranty period. To obtain service under this limited warranty, you must follow Levetec’s warranty procedures. If Levetec asks you to return defective parts or products, you must do so within 7 days after you receive the replacement parts or products. Levetec will charge you for replacement parts or products if you fail to do so. If you are a domestic U.S. customer who purchased a product directly from Levetec, Levetec will arrange to ship replacement parts or products to and from you, and will pay the shipping costs. If you live outside the United States, the details of your warranty service may vary as described below.
THIS LIMITED WARRANTY COVERS NORMAL USE. LEVETEC DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, UNAUTHORIZED SERVICE OR PARTS, OR THE COMBINATION OF LEVETEC BRANDED PRODUCTS WITH OTHER
PRODUCTS NOT MATCHING TECHNICAL REQUIREMENTS FOR PROPER MACHINE OPERATIONS. THIS LIMITED WARRANTY DOES NOT COVER NON-LEVETEC BRANDED PRODUCTS. ANY WARRANTY APPLICABLE TO NON-LEVETEC BRANDED PRODUCTS IS PROVIDED BY THE ORIGINAL MANUFACTURER. GENERAL TOOLING AND DIAMONDS ARE PROVIDED WITHOUT WARRANTY. GENERAL TOOLING AND DIAMONDS WILL BE REPLACED OR REPAIRD IF DEFECTIVE.
6. Services and Service Warranty. The terms of services provided to you by Levetec consist of this Agreement and the additional terms stated in separate services descriptions provided by Levetec. For a period of 30 days after services are performed, Levetec warrants that services provided by it will be performed in a professional and workmanlike manner.
7. Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS AGREEMENT, LEVETEC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT. LEVETEC’S AND YOUR MAXIMUM LIABILITY TO THE OTHER IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS OR SERVICES PLUS INTEREST AS ALLOWED BY LAW. NEITHER YOU NOR LEVETEC IS LIABLE TO THE OTHER IF YOU OR IT ARE UNABLE TO PERFORM DUE TO EVENTS YOU OR IT ARE NOT ABLE TO CONTROL, SUCH AS ACTS OF GOD, OR FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.THIS AGREEMENT
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
8. Dispute Resolution. You and Levetec agree that any Dispute between You and Levetec will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum (NAF) and conducted under its rules, except as otherwise
provided below. You and Levetec will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and Levetec.
The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held at any reasonable location near your residence by submission of documents, by telephone, online or in person whichever method of presentation You choose. If You prevail in the arbitration of any Dispute with Levetec, Levetec will reimburse You for any fees you paid to NAF in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction.
Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision.
You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph.
This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, (ii) the related order for, purchase, delivery, receipt or use of any product or service from Levetec, or iii) any other dispute arising out of or relating to the relationship between You and Levetec; the term “Levetec” means Levetec, llc, its parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, component suppliers, and/or any third party who provides products or services purchased from or distributed by Levetec; and the term“ You” means you, or those in privity with you, such as family members or beneficiaries. Information may be obtained from the NAF on line at www.arb-forum.com, by calling 800-474-2371 or writing to P.O. Box 50191, Minneapolis, MN, 55405.
9. General. You may not assign this Agreement without Levetec’s written consent. Levetec, llc. and its subsidiaries and affiliates are intended beneficiaries of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to products or services purchased from Levetec, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Levetec. Any additional or altered terms attached to your order shall be null and void, unless expressly agreed to in writing by Levetec. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Washington, without giving effect to conflicts of law rules.
For Residents of Canada:
1. This Agreement is subject to the applicable provisions of Canadian consumer protection laws that cannot be derogated from by private agreement.
2. Shipping and Title You must comply with all applicable export laws and regulations of Canada, the United States and other relevant countries if you export the Product outside Canada.
3. Return Policy. Levetec does not accept for return any products purchased from a reseller. In all cases, Levetec will not be responsible for any shipping and handling charges to and from Levetec, or paying or refunding customs fees or taxes that may be due.
4. Language. You confirm your request that this Agreement and all documents related directly or indirectly thereto be drafted in the English language.
For Residents of Mexico:
1. Shipping and Title. You must comply with all applicable export laws and regulations of Mexico, the United States and other relevant countries if you export the Product outside Mexico.
2. Return Policy. Levetec does not accept for return any products purchased from a reseller. To return products to Levetec, contact Levetec Mexico Tech Support and follow the instructions you receive. To return a product purchased directly from Levetec in the United States, contact Levetec International Support in the United States and follow the instructions you receive. In all cases, Levetec will not be responsible for any shipping and handling charges to and from Levetec, or paying or refunding customs fees, taxes, or VAT that may be due.
For All International Customers:
The standard warranty stated above also applies to Levetec products shipped to a country outside the United States, provided that customers outside the United States and Canada are responsible for paying all freight charges incurred in shipping, importing/exporting and receiving replacement products and parts and for arranging and paying for the shipment of any defective part(s) back to the Levetec. All international customers are responsible for all customs duties, VAT and other associated taxes and charges.
Please send correspondence about this Agreement to:
Levetec Surface Preparation Machinery, LLC
Product Warranty Department
7102 180th Ave N.E. Suite A-107
Redmond, WA 98052
Levetec for more information.
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