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Your use of this web site and all sales transactions with us, are governed by following terms and conditions:
Controlling Provisions
Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submission of payment for an order indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any order, whether or not such terms or conditions are by VH Cleaner, Inc. (hereinafter "we", "us" or "our"). We reserve the right to make changes to this site and these terms and conditions at any time, without notice.
Typographical Errors
In the event a product is listed on our website at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled for these reasons, we will immediately issue a credit to your credit card account in the amount of the charge.
Alternate Shipping Address
An alternate shipping address is an address other than the address used on your monthly credit card statement. Orders may be shipped to YOU at an alternate address. You may enter the alternate shipping address on the secure credit card payment page. Use this to have your order sent to YOU at your company address or other location other than the billing address for your credit card. You may want to contact your credit card issuer to inform them of your alternate shipping address.
Order Cancellation
If you need to cancel your order you must contact us with the reason for cancellation. Orders may be cancelled anytime prior to shipping. After they are shipped, you may refuse the shipment at delivery time.
Inspection and Acceptance
Claims against us for damage, shortage, or errors in shipping must be reported within one (1) day following delivery to you. After such one (1) day period, you shall be deemed to have irrevocably accepted the products, if not previously accepted. After such acceptance, you shall have no right to reject the products for any reason or to revoke acceptance. You hereby agree that such one (1) day period is a reasonable amount of time for such inspection and revocation.
Chargeback Abuse
You agree that in the event of a credit card chargeback, which is subsequently found to be in error, to correct the error within 10 days from notification of such error. You also agree to pay us a processing fee of $30.00 USD for any and all chargebacks found to be in error. You confirm and agree that this amount will be charged against your credit card. Any additional amounts due us will be paid to us in money order or bank cashier's check and in U.S. dollars within 30 days from date of notification of the error.
Taxes
The amount of any sales, excise or other taxes, if any, applicable to the products shall be added to the purchase price and shall be paid by you.
Warranty
WE MAKE NO EXPRESSED OR IMPLIED WARRANTIES. WE HEREBY DISCLAIM ALL EXPRESSED OR IMPLIED WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, AND IN NO EVENT, WILL WE BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE, COST OF REPAIRS OR INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR LIQUIDATED DAMAGES OF ANY KIND, WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, TRANSPORTATION, INSTALLATION, USE OR REPAIR OF THE PRODUCTS SOLD BY US. YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT, SHALL OUR LIABILITY, IF ANY, EXCEED THE NET SALES PRICE OF THE DEFECTIVE PRODUCT(S); NO ADDITIONAL ALLOWANCE SHALL BE MADE FOR THE LABOR OR EXPENSE OF REPAIRING OR REPLACING DEFECTIVE PRODUCTS OR WORKMANSHIP OR DAMAGE RESULTING FROM THE SAME. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, ALL PRODUCTS AND/OR SERVICES PROVIDED BY US AND OUR EMPLOYEES AND AGENTS ARE PROVIDED "AS IS," "WHERE IS," AND "WITH ALL FAULTS."
Indemnification
We make no promise or representation that the products or services will conform to any federal, state or local laws ordinances, regulations, codes or standards, except as particularly specified and agreed upon in writing by our authorized representative. Our products do not contain amyl nitrite or butyl nitrite. They contain highly pure isobutyl nitrite, alkyl nitrites, cyclohexyl nitrite, or hexyl nitrites only. All our nitrite based products are sold as room odorants, liquid incense, liquid aromas, leather cleaners, or video head cleaner only. Our products are not for human consumption. We shall not be responsible for any losses or damages sustained by you or any other person as a result of improper use or misapplication of the products. You shall defend, indemnify and hold harmless VH Cleaner, Inc. and its agents and employees against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorney's fees) arising out of or in connection with any injury, disease or death of persons (including, without limitation, your employees and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, installation, or use of the products by you or your vendees. The obligations, indemnities and covenants contained in this paragraph shall survive the consummation or termination of this transaction.
Recommendations
You acknowledge that we do not make and specifically negate, renounce and disclaim any representations, warranties and/or guaranties of any kind or character, expressed or implied, with respect to (i) the products sold, their use, design, application or operation, their merchantability, their physical condition or their fitness for a particular purpose or (ii) the maintenance or other expenses to be incurred in connection with the products. We neither assume, nor authorize any person to assume for us, any other obligation in connection with the sale of our products and/or rendering of our services. Any recommendations made by us concerning the use, design, application or operation of the products shall not be construed as representations or warranties, expressed or implied. Failure by us to make recommendations or give advice to you shall not impose any liability upon us.
Country of Origin
All of our products are manufactured in the United States of America unless otherwise indicated on the product.
Severability
These terms and conditions of sale shall not be construed against the party preparing them, but shall be construed as if all parties jointly prepared these terms and conditions of sale and any uncertainty or ambiguity shall not be interpreted against any one party. If any provision hereof is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable and the terms and conditions herein shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been made a part hereof. The remaining provisions herein shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provisions or by their severance here from.
Governing Law
This transaction shall be governed in all respects by the laws of the State of New York (excluding choice of law provisions). All actions, regardless of form, arising out of or related to this transaction or the products sold hereunder must be brought against us within the applicable statutory period, but in no event more than one (1) year after the date of payment of the transaction. |
