Net 30 days (to credit approved customers). The customer agrees to indemnify and hold C&V TechnoPlast harmless for any and all costs and expenses incurred by C&V TechnoPlast including collection costs, reasonable attorneys’ fees and court costs, in connection with collection of invoices and/or the enforcement of any of its rights hereunder.
All items are billed at prices in effect at the time of shipment. Prices are subject to change without notice.
Shipping point: Prepaid and billed, or collect.
All shipments will be made via UPS, Federal Express, or any available carrier requested by the customer. We are not responsible for transportation charges, damage or delays encountered during such transportation. All risk of loss passes to customer upon shipment of the products by C&V TechnoPlast.
Claims for any shortages, errors, or defects must be made within ten (10) business days from receipt of shipment.
C&V technoPlast liability arising from, or in any way connected with, the items sold or this contract shall be limited exclusively to repair or replacement of the items sold, or refund of the purchase price paid by the buyer, at C&V TechnoPlast's sole option. In no event shall C&V TechnoPlast be liable for any incidental, consequential, or special damages of any kind or nature whatsoever, including but not limited to, lost or anticipated profit or revenue, loss of product or loss of use of product, even if C&V TechnoPlast has been notified of the likelihood thereof, arising from or in any way connected with this agreement or items sold here under, whether alleged to arise from the breach of contract, express or implied warranty, or in tort including without limitation, negligence, failure to warn or strict liability. Customer shall indemnify, defend and hold C&V TechnoPlast harmless from and against any and all claims, liabilities, suits, losses, costs, expenses or damages to the extent caused by any act or omission of customer including, but not limited to, customer’s alteration and/or failure to properly use and maintain any product manufactured by C&V TechnoPlast.
C&V TechnoPlast reserves the rights to delete, improve, and/or modify any product currently sold and/or manufactured by C&V TechnoPlast without notification. Such action is deemed exempt from any liability or claim. Diagrams and drawings in the C&V TechnoPlast catalog are meant to be reference only; every effort is made to verify the accuracy of such diagrams and drawings, however, accuracy is not guaranteed.
C&V TechnoPlast Terms Control
No terms or conditions submitted by the customer to C&V TechnoPlast, irrespective of their date, shall prevail over these terms and conditions. All orders shall be deemed to be an offer by C&V TechnoPlast to sell goods or work pursuant to these terms and conditions and acceptance of the order by customer shall be deemed conclusive evidence of customer’s acceptance of these terms and conditions.
C&V TechnoPlast is not liable for any alleged loss or claim made by customer or any third party which results in whole or in part from C&V TechnoPlast being prevented or delayed in fulfilling any or all of its obligations under any order by reason of circumstances beyond its reasonable control including, but not limited to, strikes, labor disturbances, riots, fire, severe weather, governmental action, war, acts of terrorism, acts of God or acts of customer.
These terms and conditions shall constitute the entire agreement between C&V TechnoPlast and customer and no other proposals, conversations, bids, memoranda or other matter shall vary, alter, amend or interpret the terms hereof.
These terms and conditions shall be governed by and construed in accordance with the laws of the state of California. Any disputes involving litigation shall be resolved exclusively in the courts of California or Texas.
WaiverFailure of C&V TechnoPlast to exercise any option, right or privilege under these terms and conditions shall not constitute a waiver of any such right, privilege or option or the performance thereof.
E-mail Confidentiality NoticeE-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. C&V TechnoPlast will not sell, rent, or give out your information to other companies.
Approval must be obtained from C&V TechnoPlast, prior to the return of any merchandise. Upon receipt of returned parts, and inspection approved by a C&V TechnoPlast authorized representative, credit will be issued to customers account provided the parts are unused and in salable condition as determined by C&V TechnoPlast in their sole discretion. All parts made to customer specifications are not returnable. All cut-to-length wearplates are not returnable. All discontinued items are not returnable. All products with date inserts are subject to review and approval before any return will be accepted. Cost of a return is the responsibility of the customer, unless otherwise agreed upon. Please see Restocking Charge for all charges. No returns on custom products.
There is no restocking charge on standard items returned to C&V TechnoPlast within 30 days of invoicing, with pre-approved authorization otherwise a 20% restocking fee will be charged. There is a 20% restocking fee on all returned Standard Mold Bases and must have a pre-approved authorization and returned in re-sellable condition. C&V TechnoPlast reserves the right to pass on to the customer any restocking charge issued by an original manufacturer.
C&V TechnoPlast warrants its products are made from quality materials using processes designed to produce consistent quality. Due to the wide variety of applications, mold designs, molding conditions and possible uses by our customers, no other warranties are expressed or implied including, but not limited to, there being no warranty of merchantability and no warranty of fitness for particular purpose. The customers’ sole and exclusive remedy under this warranty shall be limited to, at the discretion of C&V TechnoPlast, the replacement or repair of any defect products or part thereof, or a refund of the purchase price paid by the customer for the product in exchange for the customer’s return of the product to C&V TechnoPlast, free and clear of all liens and encumbrances of any nature.