Statement of our Terms of Sale
Disclaimer & Legal Rights
Sole Warranty by Manufacturer and No Warranties by Tech Product Specialties, Inc.
ALL PRODUCTS AND SERVICES ARE PROVIDED, AS IS, WITHOUT WARRANTY OF ANY KIND BY
TECH PRODUCT SPECIALTIES, INC., THE COMPANY, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. OUR COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY
REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE PRODUCTS,
SERVICES OR WRITTEN MATERIALS IN THE TERMS OF CORRECTNESS, ACCURACY,
RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF THE PRODUCTS AND SERVICES ARE ASSUMED BY YOU. IF THE PRODUCTS,
SERVICES OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT OUR COMPANY, ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, REPLACEMENT OR CORRECTION.
THIS IS THE ONLY WARRANT OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT IS MADE BY
OUR COMPANY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR COMPANY
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY,
AND YOU MAY NOT RELY ON SUCH INFORMATION OR ADVICE TO DO SO.
THE MANUFACTURER MAY PROVIDE WARRANTIES FOR ITS PRODUCTS AND SERVICES. YOU
WILL NEED TO DEAL DIRECTLY WITH THE MANUFACTURER REGARDING ANY POTENTIAL
WARRANTY CLAIMS. THE RESPONSIBILITY FOR APPLICATION OF THE MATERIAL,
INSTALLATION DESIGN AND METHODS AND USE OF THE MATERIAL IS THE RESPONSIBILITY
OF BUYER AND ITS ENGINEERS, ARCHITECTS, AND/OR FABRICATORS.
Our company's entire liability, and the buyer's exclusive remedy for breach of Warranty or any other claim or action, shall be a refund of the price paid or replacement of our products, at our option. We limit claims for replacement or refund to ninety calendar days following delivery of the product to Customer. All remedies are limited to the United States. Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
Limitation & Exclusion Of Liability
These warranties exclude all incidental or consequential damages. Our company will not be liable for any damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss. Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
Legal Forum, Choice Of Laws & Official Language
This offering is a contract between you the buyer and our business, the seller. The seller is located in Houston, Harris County, Texas, U.S.A. and by doing business with us you agree that this offering is made from Houston, Harris County, Texas, U.S.A. and shall be governed by the laws of the State of Texas, and the U.S.A. By electing to participate in this offer, you are entering into a contract.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. Any legal action arising out of this Agreement shall be litigated and enforced under the laws of the State of Texas. In addition, you agree to submit to the jurisdiction of the courts of the State of Texas, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Harris County in the State of Texas, USA.
ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED HEREIN, AND UPON BUYER'S ASSENT THERETO. NO VARIATION OF THESE TERMS AND CONDITIONS WILL BE BINDING UPON COMPANY UNLESS AGREED TO IN WRITING AND SIGNED BY AN OFFICER OR OTHER AUTHORIZED REPRESENTATIVE OF COMPANY. THESE TERMS AND CONDITIONS CAN NOT BE CHANGED BY A PURCHASE ORDER OR OTHER DOCUMENT PRESENTED TO COMPANY BY BUYER.