LEGAL NOTICE
Conditions of Use of the Cryomatic, LLC dba Cryogenic Systems & Parts Web Site
Copyright 2017 by Cryomatic, LLC dba Cryogenic Systems & Parts. Cryomatic, LLC dba Cryogenic Systems & Parts is a trademark of Cryomatic, LLC dba Cryogenic Systems & Parts Corporation. All other trademarks are the property of their respective owners.
Cryomatic, LLC dba Cryogenic Systems & Parts makes no representations or warranties about the information provided through this web site, including any hypertext links or any other items used either directly or indirectly from Cryomatic, LLC dba Cryogenic Systems & Parts’ web site and reserves the right to make changes and corrections at any time, without notice. Cryomatic, LLC dba Cryogenic Systems & Parts accepts no liability for any inaccuracies or omissions in Cryomatic, LLC dba Cryogenic Systems & Parts’ web site and any decisions based on information contained in Cryomatic, LLC dba Cryogenic Systems & Parts’ web site are the sole responsibility of the visitor. Cryomatic, LLC dba Cryogenic Systems & Parts accepts no liability for any direct, special, indirect, or consequential damages, or any other damages of whatsoever kind resulting from whatever cause through the use of any information obtained either directly or indirectly from Cryomatic, LLC dba Cryogenic Systems & Parts’ web site.
PRIVACY POLICY
This Privacy Policy covers Cryomatic, LLC dba Cryogenic Systems & Parts’ treatment of personally identifiable information that Cryomatic, LLC dba Cryogenic Systems & Parts collects when you are on the Cryomatic, LLC dba Cryogenic Systems & Parts site, and when you use Cryomatic, LLC dba Cryogenic Systems & Parts’ services. This policy also covers Cryomatic, LLC dba Cryogenic Systems & Parts’ treatment of any personally identifiable information that Cryomatic, LLC dba Cryogenic Systems & Parts’ business partners share with Cryomatic, LLC dba Cryogenic Systems & Parts.
This policy does not apply to the practices of companies that Cryomatic, LLC dba Cryogenic Systems & Parts does not own or control, or to people that Cryomatic, LLC dba Cryogenic Systems & Parts does not employ or manage.
INFORMATION COLLECTION AND USE
Cryomatic, LLC dba Cryogenic Systems & Parts automatically receives and records information on our server logs from your browser including your IP address, and Cryomatic, LLC dba Cryogenic Systems & Parts cookie information.
INFORMATION SHARING AND DISCLOSURE
Cryomatic, LLC dba Cryogenic Systems & Parts will not sell or rent your personally identifiable information to anyone.
Cryomatic, LLC dba Cryogenic Systems & Parts will send personally identifiable information about you to other companies or people when:
We need to share your information to provide the product or service you have requested;
We need to send the information to companies who work on behalf of Cryomatic, LLC dba Cryogenic Systems & Parts to provide a product or service to you.
SECURITY (CRYOMATIC, LLC DBA CRYOGENIC SYSTEMS & PARTS’ ON-LINE SHOPPING)
Your Cryomatic, LLC dba Cryogenic Systems & Parts Account Information is password-protected for your privacy and security.
In certain areas Cryomatic, LLC dba Cryogenic Systems & Parts uses industry-standard SSL-encryption to protect data transmissions.
CHANGES TO THIS PRIVACY POLICY
Cryomatic, LLC dba Cryogenic Systems & Parts may edit this policy at any time.
TERMS AND CONDITIONS OF SALE
GENERAL TERMS: This quote constitutes terms set forth herein. No additional or different terms shall become part of this quote, nor can it be modified without the express written approval of Cryomatic, LLC dba Cryogenic Systems & Parts. Quoted prices apply only to the specific items and quantities ordered. The prices on the quote are valid when full order is placed within thirty (30) days of the date of the quote, unless otherwise stated on the quotation form. All orders are subject to acceptance by Cryomatic, LLC dba Cryogenic Systems & Parts. Accepted orders are not cancelable unless all of the details are agreed upon by both parties, including the buyers agreement to assume a stated amount of termination charge, if any.
The Terms and Conditions of Sale (“Agreement”) contained herein constitutes the entire agreement between Cryomatic, LLC dba Cryogenic Systems & Parts Corporation (“Cryomatic, LLC dba Cryogenic Systems & Parts”) and you (“Customer”). Cryomatic, LLC dba Cryogenic Systems & Parts will not be bound by any terms of Customer’s order. No form of acceptance except Cryomatic, LLC dba Cryogenic Systems & Parts’ written acknowledgment mailed to Customer, or Cryomatic, LLC dba Cryogenic Systems & Parts’ commencement of performance shall constitute valid acceptance of Customer’s order. Any such acceptance is expressly conditioned on assent to the terms hereof and the exclusion of all other terms. Customer shall be deemed to have assented to the terms hereof, whether or not previously received, upon accepting delivery of anything shipped by Cryomatic, LLC dba Cryogenic Systems & Parts. If tender of these terms is deemed an offer, acceptance is expressly limited to the terms hereof.
PRODUCTS: “Products” shall mean any products identified on: (a) Cryomatic, LLC dba Cryogenic Systems & Parts’ then current applicable price list; (b) any of Cryomatic, LLC dba Cryogenic Systems & Parts’ proposals or quotations; or (c) any of Cryomatic, LLC dba Cryogenic Systems & Parts’ invoices.
ORDERS: Customer shall purchase Products by issuing a purchase order sent by an authorized representative, indicating specific Products, quantity, price, total purchase price, shipping instructions, bill-to and ship-to addresses, tax exempt certifications, if applicable, and any other special instructions. Any contingencies contained on such order are not binding upon Cryomatic, LLC dba Cryogenic Systems & Parts unless mutually agreed upon. Cryomatic, LLC dba Cryogenic Systems & Parts will accept or reject orders according to its then-current process. All orders are subject to acceptance by Cryomatic, LLC dba Cryogenic Systems & Parts at its corporate headquarters. Accepted orders are not cancelable unless all of the details are agreed upon by both parties, including the buyers agreement to assume a stated amount of termination charge.
SHIPPING AND DELIVERY: Shipping dates will be established by Cryomatic, LLC dba Cryogenic Systems & Parts upon receipt of orders from Customer. Shipping terms are FOB Cryomatic, LLC dba Cryogenic Systems & Parts’ designated shipping location (Corona, CA unless otherwise specified). Risk of loss and title shall pass from Cryomatic, LLC dba Cryogenic Systems & Parts to Customer upon delivery to the carrier or Customer’s representative at the FOB point. Delivery shall be deemed made upon transfer of possession to the carrier. Customer shall be responsible for all freight, handling and insurance charges. Unless given written instruction, Cryomatic, LLC dba Cryogenic Systems & Parts shall select the carrier. In no event shall Cryomatic, LLC dba Cryogenic Systems & Parts have any liability in connection with shipment, nor shall the carrier be deemed to be an agent of Cryomatic, LLC dba Cryogenic Systems & Parts.
PRICES AND PAYMENT: Prices for Products are quoted in US dollars and are FOB Cryomatic, LLC dba Cryogenic Systems & Parts’ designated shipping location. All stated prices are exclusive of any taxes, fees and duties or other amounts, however designated, and including without limitation, value added and withholding taxes which are levied or based upon such charges, or upon this Agreement. Any taxes related to Products purchased or licensed pursuant to this Agreement shall be paid by Customer or Customer shall present an exemption certificate acceptable to the taxing authorities. Applicable taxes shall be billed as a separate item on the invoice, to the extent possible. All payments shall be made by company check, cashier’s check, money order, or credit card acceptable to Cryomatic, LLC dba Cryogenic Systems & Parts.
PAYMENT TERMS: Payment Terms are Payment Due Upon Shipment. If paid by credit card, customer agrees to pay all bank charges as indicated in the credit card agreement. All payments shall be made in U.S. currency. Any sum not paid by Customer when due shall bear interest until paid at a rate of 1.5% per month (18% per annum), or the maximum rate permitted by law, whichever is less.
Cryomatic, LLC dba Cryogenic Systems & Parts may cancel or delay delivery of Products in the event Customer fails to make prompt payment therefore, or in the event of a past due amount in customer’s account with Cryomatic, LLC dba Cryogenic Systems & Parts. Cryomatic, LLC dba Cryogenic Systems & Parts hereby retains a security interest in the products furnished until Customer has made payment in full in accordance with the terms hereof. Customer shall cooperate fully with Cryomatic, LLC dba Cryogenic Systems & Parts to execute such documents and to accomplish such filings and/or recordings thereof as Cryomatic, LLC dba Cryogenic Systems & Parts may deem necessary for the protection of Cryomatic, LLC dba Cryogenic Systems & Parts’ interest in the Products furnished.
ENVIRONMENTAL COMPLIANCE: No warranty is given that Products are suitable for or compliant with hazardous waste treatment regulations or permitting. No warranty is given that Products can be operated in compliance with local, state or federal environmental regulations without permits or process modification.
WARRANTY AND RETURNS: Unless otherwise agreed to in writing, Cryomatic, LLC dba Cryogenic Systems & Parts warrants its products to be free from defects in material or workmanship for a period of One Year from the shipment of product by Cryomatic, LLC dba Cryogenic Systems & Parts, provided that such products are used in accordance with Cryomatic, LLC dba Cryogenic Systems & Parts’ instructions. Buyer undertakes to give immediate notice to Cryomatic, LLC dba Cryogenic Systems & Parts if goods or performance appear defective and to provide Cryomatic, LLC dba Cryogenic Systems & Parts with reasonable opportunity to make inspections and tests. If Cryomatic, LLC dba Cryogenic Systems & Parts is not at fault, Customer shall pay Cryomatic, LLC dba Cryogenic Systems & Parts the costs and expenses of the inspections and tests. Cryomatic, LLC dba Cryogenic Systems & Parts’ obligations under this warranty are limited to the repair or replacement at its factory, of any product or part thereof which shall has proven to be defective.
CRYOMATIC, LLC DBA CRYOGENIC SYSTEMS & PARTS DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
In no event shall Cryomatic, LLC dba Cryogenic Systems & Parts’ or its suppliers’ liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer under this Agreement. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. IN NO EVENT WILL CRYOMATIC, LLC DBA CRYOGENIC SYSTEMS & PARTS OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT EVEN IF CRYOMATIC, LLC DBA CRYOGENIC SYSTEMS & PARTS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In all cases where a Product has been approved by Cryomatic, LLC dba Cryogenic Systems & Parts for return, Customer shall call and obtain a Return Material Authorization (“RMA”) number from Cryomatic, LLC dba Cryogenic Systems & Parts. For Product returned, Customer is responsible for the following: (a) proper packing of Products, including description of the failure; (b) insurance of all packages for replacement cost; (c) shipment FOB Cryomatic, LLC dba Cryogenic Systems & Parts designated reception location; (d) return of Products within five (5) days after issuance of the RMA number; and (e) compliance with Cryomatic, LLC dba Cryogenic Systems & Parts RMA procedure for all shipments, as follows: (i) each request to Cryomatic, LLC dba Cryogenic Systems & Parts for an RMA number must specify the number, type, and serial number, if applicable, for each Product to be returned; Cryomatic, LLC dba Cryogenic Systems & Parts will provide the local RMA shipment address upon request; and (ii) Product sent back to Cryomatic, LLC dba Cryogenic Systems & Parts must agree exactly in the number, type, and serial numbers, if associated with the RMA transaction.
INTELLECTUAL PROPERTY LIMITATION OF LIABILITY: Cryomatic, LLC dba Cryogenic Systems & Parts shall have no liability for any claim, suit or proceeding brought against Customer based on a claim that any Product supplied hereunder infringes any copyright, patent, or other intellectual property right in the United States or any other country.
Cryomatic, LLC dba Cryogenic Systems & Parts has no liability for any claim based upon the combination, operation, or use of any Product supplied hereunder with equipment, devices, or software, or for any claim based upon alteration or modification of any Product supplied hereunder.
THE FOREGOING STATES THE ENTIRE OBLIGATION OF CRYOMATIC, LLC DBA CRYOGENIC SYSTEMS & PARTS WITH RESPECT TO INFRINGEMENT OF PROPRIETARY RIGHTS AND CRYOMATIC, LLC DBA CRYOGENIC SYSTEMS & PARTS DISCLAIMS, ALL WARRANTIES OF NONINFRINGEMENT WITH RESPECT TO THE PRODUCTS.
EXPORT RESTRICTIONS: Customer shall obtain all licenses, permits and approvals required by any government and shall comply with all applicable laws, rules, policies and procedures of the U.S. Government.
CONFIDENTIAL INFORMATION: Customer shall hold confidential and shall not use or permit others to use any confidential information identified as such in writing or orally by Cryomatic, LLC dba Cryogenic Systems & Parts or information which Customer knows or has reason to know is confidential, proprietary or trade secret information of Cryomatic, LLC dba Cryogenic Systems & Parts.
LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING ELSE HEREIN, EXCEPT FOR CLAIMS OF PERSONAL INJURY OR DEATH, ALL LIABILITY OF CRYOMATIC, LLC DBA CRYOGENIC SYSTEMS & PARTS AND ITS SUPPLIERS UNDER THIS AGREEMENT OR OTHERWISE SHALL BE LIMITED TO MONEY PAID TO CRYOMATIC, LLC DBA CRYOGENIC SYSTEMS & PARTS UNDER THIS AGREEMENT AND IN THE CASE OF DAMAGES RELATING TO ANY ALLEGEDLY DEFECTIVE OR INFRINGING PRODUCT, SHALL, UNDER ANY LEGAL OR EQUITABLE THEORY, BE FURTHER LIMITED TO THE PURCHASE PRICE PAID BY CUSTOMER FOR SUCH PRODUCT.
CONSEQUENTIAL DAMAGES WAIVER: IN NO EVENT SHALL CRYOMATIC, LLC DBA CRYOGENIC SYSTEMS & PARTS OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, OR LOST DATA, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF CRYOMATIC, LLC DBA CRYOGENIC SYSTEMS & PARTS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. Cryomatic, LLC dba Cryogenic Systems & Parts shall not be liable for any delay or failure in performance whatsoever due to acts of God, earthquakes, shortage of supplies, transportation difficulties, labor disputes, riots, war, fire, epidemics, and other occurrences beyond Cryomatic, LLC dba Cryogenic Systems & Parts’ reasonable control. No waiver of rights under this Agreement by either party shall constitute a subsequent waiver of this or any other right under this Agreement. Neither this Agreement nor any rights under this Agreement, other than monies due or to become due, shall be assigned or otherwise transferred by Customer (by operation of law or otherwise) without the prior written consent of Cryomatic, LLC dba Cryogenic Systems & Parts. This Agreement shall bind and inure to the benefit of the successors and permitted assigns of the parties. In the event that any of the terms of this Agreement become or are declared to be illegal by any court of competent jurisdiction, such terms shall be null and void and shall be deemed deleted from this Agreement. All remaining terms of this Agreement shall remain in full force and effect. In the event of a breach of this Agreement, the breaching party shall pay to the other party any reasonable attorneys’ fees and other costs and expenses incurred by the non-breaching party in connection with the enforcement of any provisions of this Agreement. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever. This Agreement, including the Product warranty referenced herein, constitutes the entire agreement between the parties hereto concerning the subject matter of this Agreement, and there are no conditions, understandings, agreements, representations or warranties, expressed or implied, which are not specified herein. This Agreement may only be modified by a written document executed by authorized representatives of Cryomatic, LLC dba Cryogenic Systems & Parts and Customer.