Terms & Conditions
Table of Contents
- SUBSCRIPTION TO SERVICES
- RETURN OF DAMAGED OR UNSUITABLE GOODS
- DELIVERY AND SERVICE TIME
- LIMITATION OF LIABILITY
- COPYRIGHT AND LIMITED LICENSE
This Contract is enforceable exclusively on the conditions as stipulated herein and any deviation from this agreement are unenforceable unless they are expressly confirmed in writing. These terms and conditions cover all sales of products and services by PrimoAire LLC (PrimoAire) of which website is hosted at www.caleiair.com in the United States of America and any information and advice given whether charged for or not. No variation in these terms and conditions will apply unless agreed by PrimoAire in writing.
- Subscription To Services
- Return of Damage or Unsuitable Goods
- Delivery and Service Time
- Limitation of liability
- Copyright and Limited License
1.1 The prices indicative on the Website are exclusive of packaging, transport costs and applicable taxes.
1.2 The final prices are calculated at the end of the check-out page and shall be applicable in whole unless a fixed price agreement to the contrary has been confirmed by us in writing
2.1 Payments are to be made as per contract or purchase order. In cases of payment by check if a set payment period is exceeded, we will charge interest at the rate of three (3) percent above the base rate, subject to the assertion of further damages. The crossing of bills in case of payment by check would require our approval. Expenses and costs are fully borne by the customer and are due immediately.
2.2 In the event of default in payment and reasonable doubts as to the purchaser’s solvency or creditworthiness, we are entitled – without prejudice to our other rights – to demand securities or advance payments for outstanding deliveries and services or to make deliveries and services only against cash on delivery or prepayment.
2.3 The transfer of title in ownership in case of payment by check shall happen upon the successful receipt of payment by PrimoAire.
3.1 A subscription to any of the services provided by PrimoAire can be done by contacting our team.
3.2 Any such subscription shall be governed by the terms and conditions for services as mentioned in the user licensing agreement for subscription to services.
3.3 Any such subscription shall be covered under the scope of this agreement unless any provision is in direct inconsistency with the agreement for subscription.
4.1 Goods manufactured/supplied by PrimoAire are carefully inspected and, where practicable, submitted to PrimoAire standard tests before dispatch. If special tests or tests in the presence of the Buyer or its representative are required, these must be specified by the Buyer when giving the order and shall, unless otherwise agreed, be made before dispatch; all costs connected with such tests will be charged extra. In the event of any delay on the part of the Buyer in attending such tests after fourteen days’ notice that the goods are ready to be tested, the tests will proceed in the Buyer’s absence and shall be deemed to have been made in its presence
5.1 No goods may be returned to PrimoAire without proper authorization. Any such request seeking authorization for the return of a product damaged during delivery must be made within seven (7) days of delivery. PrimoAire reserves the right to either repair and return the product or replace the product with a new product in case a repair is not possible.
5.2 Authorization for the return of products, other than those damaged during delivery, delivered in error or those that do not meet specification, must be requested within seven (7) days of delivery.
5.3 Unopened and unused products can be returned within 14 days of purchase with proper return authorization provided by PrimoAire.
5.4 Opened or used products will receive a credit after deducting a handling charge of 15% of the invoice value of all products returned subject to a minimum charge of $50, will be given for those products authorized for return by PrimoAire.
5.5 Authorization for return will be subject to the condition in which the products are returned to PrimoAire or to the manufacturer or other source notified by PrimoAire in the manner as stipulated by PrimoAire.
5.6 Products that have been delivered on our behalf by a third-party supplier will not be accepted.
5.7 The above policy does not apply to professionals. Professionals are required to return products to the distributor used for purchase and adhere to said distributors return policy. Unless otherwise agreed upon in writing.
6.1 Delivery and service periods are only binding if they are expressly agreed to in writing. Other time limits are non-binding and may be exceeded to a reasonable extent.
6.2 For the adherence to agreed delivery periods, the time is decisive at which the delivery leaves our factory.
6.3 The delivery and performance period shall be extended appropriately in the event of unforeseen obstacles beyond the supplier’s control, or abnormal work conditions, insofar as such impediments demonstrably affect the completion or delivery
7.1 Risk in products will pass at the time of delivery to the customer. The customer must ensure that the products purchased are in a safe condition and that a safe system of work is in place.
7.2 PrimoAire has the right to supply products of different specifications but the intended use, without notice, in case of unavailability of the original product offered.
7.3 It is the responsibility of the customer to ensure that that the use of any products supplied by PrimoAire do not infringe any third-party intellectual property rights.
8.1 The warranty period for all the products sold shall be (1) year unless otherwise agreed in writing.
8.2 In case of legitimate complaints, PrimoAire will address the defects and redeliver the goods free of defect. The customer is bound to give a reasonable opportunity to remedy the defect. Refusal to provide such opportunity releases PrimoAire of their warranty obligation.
8.3The instructions provided in the manual are to be mandatorily followed and in case of non-compliance, any repair work, alteration done or attempted by the customer, or anyone else will default the warranty and releases PrimoAire from any warranty obligations.
Any claim for damages the claim for damages, insofar as legally permissible, is limited to the invoice value of our directly involved in the damage-causing event quantity of goods..
9.1 Any claim for any loss or damage suffered by a customer on account of any defects in the products, may be made to PrimoAire within seven (7) days of any such incident. In view of the above, PrimoAire at its discretion will only honour claims limited to the invoice price of the products against which such a claim has been made.
9.2 Liability accepted above shall be limited to any warranty or legal implication with respect to the fitness of products. Subject to this, PrimoAire disclaims all liability for under contracts, tort or otherwise.
9.3 Any claim for damages is limited to the contractually foreseeable damage. Further claims for damages are excluded
10.1 Unless specifically stated and agreed to in writing otherwise, the services, goods and all other content and materials including but not limited the logo of PrimoAire, designs, text, graphics, pictures, information, data, software, and any other content so allowed to be accessed by you under the terms of this agreement (collectively, “Content”) are the proprietary property of PrimoAire or our licensors or users and are protected by U.S. and international copyright laws.
10.2 You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Content; however, such license is subject to these Terms and does not include (a) any resale or commercial use of the Services or the Content therein; (b) the collection and use of any product or service listings, pictures or descriptions; (c) the distribution, public performance or public display of any Content; (d)modifying or otherwise making any derivative uses of the Services or the Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f)downloading (other than the page caching) of any portion of the Services, the Content or any information contained therein, except as expressly permitted on the Services; (g) any use of the Services or the Content other than for their intended purposes and (h) any reverse engineering or attempt to reverse engineer any of the products or services offered to you under the scope of this agreement.
10.3 Any use of the Services or the Content other than as specifically authorized herein, without the prior written permission of PrimoAire, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes.
10.4 Unless explicitly stated herein or otherwise by PrimoAire, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
10.5 Notwithstanding anything to the contrary in these Terms, the Services and Content may contain software components that are subject to separate license terms, in which case those license terms will apply to the access and use of such software components
11.1 You are responsible for compliance with all applicable export control laws of the United States and any other applicable governmental authority, including without limitation, the U.S. Export Administration Regulations (“Export Laws”). You represent and warrant that you will not, directly or indirectly, export, re-export,: (a) to or from any individual, entity, or country prohibited by Export Laws, including, without limitation, the prohibition against exports into or with (i) any country subject to U.S. embargo or similar export restrictions (e.g., Cuba, Iran, Syria, Sudan and North Korea) or national or resident thereof; or (ii)to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List or Entity List, or other export control lists.
11.2 The sale of PrimoAire’s products and technology is subject to compliance with North America & South America export control laws and regulations. Where applicable, orders are contingent upon the grant of export licences or other clearances required by the relevant government. Buyer shall not export, re-export or transfer, directly or indirectly, any PrimoAire products or technology to any country or user to which such export, re-export or transfer is restricted by U.S. or other country law or regulation without first obtaining any required government license, authorization, certification or approval.
11.3 Buyer agrees to comply with any end user and/or end use statements given or representations made to PrimoAire in relation to the supply of goods and/or warranty services by PrimoAire. Any PrimoAire products sold in violation of export control laws or regulations cannot be serviced or supported by PrimoAire. Warranty for any such products is therefore void
12.1 All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of Sarasota County, Florida or next closest jurisdiction without regard to principles of conflict of laws.
12.2 The parties to this agreement will submit all disputes arising under this agreement to arbitration in Sarasota County, Florida or next closest jurisdiction before a single arbitrator of the American Arbitration Association (“AAA”).
12.3 The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice lawin Sarasota County, Florida or next closest jurisdiction.
12.4 No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.
The sole place of jurisdiction, in event of any disputes arising, would be Sarasota County, Florida or next closest jurisdiction