Crystal Clear Solutions, LLC ("CCS") conditions of sales and service.

The provisions below contains Crystal Clear Solutions, LLC (“CCS”) conditions of sale. Placement of an order shall be deemed acceptance of the Terms of Purchase.

TERMS OF PAYMENT: ½ of the Purchase Price shall be paid at the time of placing the order and the balance shall be paid at the time of delivery of the product.

PRODUCT INFORMATION: CCS’s ability to keep product information up-to-date- and accurate is limited by manufacturers and other industry sources ability to provide product information. We are not responsible for errors in information as a result of type/proofing or misinformation of products supplied to us by our suppliers.

DO NOT DISCARD OR DESTROY ANY CARTONS.

CCS LIMITED WARRANTY:  There are no warranties other than the warranties supplied by the manufacturers of the products.

WARRANTY DISCLAIMER.   NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY STATEMENT ABOVE IS MADE OR AUTHORIZED BY CCS.  CCS DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION OR MISAPPLICATION, AND ANY DESCRIPTION DOES NOT EXPRESS OR IMPLY A WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY.  ANY LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED. CCS’S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID.

SUITABILITY OF PRODUCT: CCS does not make any specific claims about a product’s fitness for use for any particular purpose beyond the express representation of the manufacturer. Before purchase and use of a product, please review the product application and be sure that the product, installation, and use is suitable to your needs.

MANUFACTURERS' WARRANTIES & SALES LITERATURE:  Most of the products supplied to CCS are warranted to the final consumer by their manufacturer; copies of such warranties are supplied with the product or are available from the manufacturer. As a service, CCS will obtain copies of consumer warranties from the warrantor and will furnish them free of charge to Purchaser's who request them. CCS may also furnish sales brochures and other literature of the manufacturer. CCS assumes no responsibility for the content of such warranties or sales literature by performing this service.

FORCE MAJEURE:  CCS shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond the control of CCS in the conduct of its business.

CANCELLATION:  Any cancellation must be approved by CCS, and may be subject to restocking and other charges.

SECURITY INTEREST.  On any sales on open account, Purchaser hereby grants to CCS a priority lien, purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to CCS.  Purchaser agrees to file any financing statements or other appropriate document with its governmental authorities to assure the validity, priority, and enforceability of the lien. Purchaser agrees to inform CCS immediately if it intends to use any import financing or has or will be granting a lien or security interest on its inventory to any third party.

MODIFICATION OF TERMS.  CCS’s acceptance of any order is subject to Purchaser's assent to all of the terms and conditions set forth in CCS’s acknowledgment, and Purchaser's assent to these terms and conditions shall be presumed from Purchaser's receipt of CCS’s acknowledgment, or from Purchaser's acceptance of all or any part of the goods or services ordered. All other contrary terms and conditions are expressly rejected, and no addition or modification of terms and conditions shall be binding upon CCS unless agreed to by CCS in writing.

TRADEMARKS AND COPYRIGHTS.  Purchaser acknowledges that it has no right, title or interest in the trademarks or copyrights in the products, and Purchaser covenants that it will take no action to register or otherwise interfere with such rights.

SEPARABILITY:   If any provision of these Terms of Purchase shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms of Purchase.

SUITABILITY OF PRODUCT:  CCS does not make any specific claims about a products fitness for use for any particular purpose beyond the express representation of the manufacturer. CCS can not be responsible for how a product is used. Before purchase and use of a product, please review the product application and be sure that the product, installation, and use is suitable to your needs.

SHIPPING AND HANDLING:  Shipping charges will be paid at the time of shipping. Most charges will not be known until shipment is ready to be shipped. Each order will be packaged and weighed individually and charged accordingly. The order may be held until the customer is notified of shipping charges. Title and risk of loss pass to Purchaser on delivery to common carrier. If product was damaged in transit, recipient must file claim with carrier.

ORDER ACCEPTANCE: It is acknowledged that no order shall be deemed accepted unless and until it is verified and accepted by.  Purchaser further consents that submission of its order shall subject Purchaser to the jurisdiction of the courts of the United States and the state of Michigan.

SALES TAX.  CCS is required to charge national, state, and local sales tax on all purchased items for which a U.S. Purchaser sales tax exemption certification is not on file.

GOVERNING LAW; LIMITATIONS:  These Terms and Conditions shall be construed, interpreted and performed exclusively according to the laws, excluding conflict of law rules, of the State of Michigan, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of Michigan, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.

 

Copyright © 1999-2008 Crystal Clear Solutions, L.L.C. 

 Last modified: 10/30/08