Limited Warranty
Effective Date: This Limited Warranty clause became effective on 01/01/2023.
All products sold are
warranted by EnvironSoil only to Purchaser’s personal use, for use in business
or original equipment manufacturer, against defects in workmanship or materials
under normal use for one year after date of purchase from EnvironSoil, unless
otherwise stated. Any part which is determined by EnvironSoil to be defective
in material or workmanship and returned to EnvironSoil authorized service
location, as EnvironSoil designates, shipping costs prepaid, will be, as the
exclusive remedy, repaired or replaced, at EnvironSoil’s option.
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 ENVIRONSOIL. ENVIRONSOIL
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.
ENVIRONSOIL’S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE
PURCHASE PRICE PAID.
PROMPT DISPOSITION
EnvironSoil will make a good faith effort for prompt correction or other
adjustment with respect to any product which proves to be defective within
warranty period. Before returning any product, write or call EnvironSoil,
giving date and number of original invoice, and describing defect. Title and
risk of loss pass to Purchaser on delivery to the common carrier.
AVAILABILITY
Availability information accessed pursuant to this site is based on end of day
inventory of the previous business day. Availability is subject to change at
any time. EnvironSoil makes no representations or warranties regarding the
accuracy of this data.
PRODUCT SUITABILITY
Many states and localities have codes and regulations governing sales,
construction, installation, and/or use of products for certain purposes, which
may vary from those in neighboring areas. While EnvironSoil attempts to assure
that its products comply with such codes, it cannot guarantee compliance, and
cannot be responsible for how the product is installed or used. Before purchase
and use of a product, please review the product application, and national and
local codes and regulations, and be sure that the product, installation, and
use will comply with them.
NO WARRANTIES TO CONSUMERS
EnvironSoil makes no warranties to those defined as consumers in the
Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.
MANUFACTURERS’ WARRANTIES
& SALES LITERATURE
Most of the products supplied to EnvironSoil 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, EnvironSoil will
obtain copies of consumer warranties from the warrantor and will furnish them
free of charge to Purchaser’s who request them. Address requests to: EnvironSoil,
70 Eastgate Dr., Danville, IL 61834 USA. Requests must include the EnvironSoil
order number and the manufacturer’s model number of each product for which a
copy of the warranty is requested. EnvironSoil may also furnish sales brochures
and other literature of the manufacturer. EnvironSoil assumes no responsibility
for the content of such warranties or sales literature by performing this
service.
ADDITIONAL TERMS
FORCE MAJEURE
EnvironSoil 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 EnvironSoil in the conduct of its business.
CANCELLATION
Any cancellation must be approved by EnvironSoil, and may be subject to
restocking and other charges.
SECURITY INTEREST
On any sales on open account, Purchaser hereby grants to EnvironSoil 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 EnvironSoil. 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 EnvironSoil
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.
ASSIGNMENT
Purchaser shall not assign any order or any interest therein without the
written consent of EnvironSoil. Any actual or attempted assignment without EnvironSoil’s
prior written consent shall entitle EnvironSoil to cancel such order upon
notice to Purchaser without liability to EnvironSoil.
MODIFICATION OF TERMS
EnvironSoil’s acceptance of any order is subject to Purchaser’s assent to all
of the terms and conditions set forth in EnvironSoil’s acknowledgment, and
Purchaser’s assent to these terms and conditions shall be presumed from
Purchaser’s receipt of EnvironSoil’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 EnvironSoil unless
agreed to by EnvironSoil 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.
COMPLETE AGREEMENT
The terms and conditions in EnvironSoil’s Website, forms, acknowledgments,
quotations and invoices are incorporated herein by reference and constitute the
entire and exclusive agreement between Purchaser and EnvironSoil.
INDEPENDENT CONTRACTORS
EnvironSoil and Purchaser are independent contractors. Purchaser is not
authorized to and shall not make any representations on behalf of which are
binding upon EnvironSoil.
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.
SALES
Due to government regulations and product availability, all EnvironSoil goods
and services may not be available in every area.
CROSS REFERENCE INFORMATION
Product cross reference comparisons do not imply that all products compared are
available, or in the case of functional equivalency, that performance and other
characteristics are perfectly comparable. For critical applications, review
specifications prior to purchase.
PRODUCT INFORMATION
EnvironSoil’s ability to keep product information accurate and up-to-date is
limited by manufacturers and other industry sources ability to provide product
information. THEREFORE, EnvironSoil MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS
TO THE ACCURACY OF THE WEBSITE DATA.
DOMESTIC ORDERS:
SALES POLICY
RETAIL & WHOLESALE
ACCOUNTS
Identification required from all Purchaser’s. Possession of our sales brochures
does not constitute the right to purchase from EnvironSoil.
PRICES HEREIN
Are net prices and are subject to change without notice. Market sensitive
commodity items will be priced according to current market conditions.
QUOTATIONS
On large quantities are available on request. Contact EnvironSoil at 1562-209-2461.
SALES TAX
EnvironSoil is required to charge state and local tax on items delivered
to Arizona,
California, Colorado, Connecticut, Florida, Idaho, Illinois, Indiana,
Iowa, Kentucky, Missouri, Nevada, North Carolina, Pennsylvania,
Tennessee, Texas, Utah, Virginia, or Washington State. Purchaser is responsible for reporting and
paying any use taxes or other taxes imposed in their state.
PAYMENT TERMS
For Purchaser’s with established credit, terms are net 30 days from date of
shipment. If credit is not established, please include payment with order or
purchase through Credit Card. Cash or anticipation discounts are not allowed.
All payments must be in U.S. dollars.
CREDIT BALANCE
Purchaser agrees that any credit balances issued will be applied within one (1)
year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY
BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND EnvironSoil SHALL HAVE
NO FURTHER LIABILITY.
FREIGHT POLICY
FREIGHT IS PREPAID ON ALL ORDERS AND ADDED AS A SEPARATE LINE ITEM ON THE
INVOICE. We shall ship to Purchaser’s address anywhere in the contiguous
United States or Canada, using routing of our choice. Other terms apply to
Alaska, Hawaii, Puerto Rico and export orders. Contact EnvironSoil for further
information.
Any extra charge incurred
for additional services, such as Purchaser’s carrier or special handling at the
destination, must be paid by consignee. If any item is backordered on an order
qualifying for freight prepayment, that item will be shipped prepaid. Title and
risk of loss pass to Purchaser on delivery to the common carrier. If product was
damaged in transit, recipient must file claim with carrier.
OSHA HAZARDOUS SUBSTANCE
& CALIFORNIA PROPOSITION 65 PRODUCT INFORMATION.
Material Safety Data Sheets
(MSDS) for OSHA defined hazardous substances and a list of products known to
the State of California to cause cancer or reproductive harm are available at EnvironSoil,
152 Frame, Irvine, CA 92618, USA.
The information and
recommendations contained on the MSDS supplied by the manufacturer are
considered to be accurate and reliable. EnvironSoil, however, makes no warranty
with respect to the accuracy or reliability of the information or the
suitability of the recommendations. EnvironSoil disclaims any and all liability
to any user thereof.
ORDERS SHIPPED OUTSIDE OF THE UNITED STATES:
EXPORT SALES TERMS AND CONDITIONS
ORDER ACCEPTANCE
It is acknowledged that no order shall be deemed accepted unless and until it
is verified and accepted by EnvironSoil in a continental United States facility.
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
acceptance.
SALES TAX
EnvironSoil 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.
PAYMENT TERMS
Unless otherwise agreed, all export sales are made on condition that Purchaser
make payment by cash in advance at the time of order, that Purchaser open an
irrevocable letter of credit in favor of EnvironSoil prior to shipment payable
by sight draft drawn against such letter of credit, or that Purchaser establish
satisfactory credit with EnvironSoil prior to shipment. For Purchaser’s with
established credit, terms are net forty-five (45) days from date of shipment.
At EnvironSoil’s option, export orders may be subject to special export payment
terms and quotations. Cash or anticipation discounts are not allowed. All
payments must be in U.S. dollars, and EnvironSoil shall have the right to
set-off and deduction for all sums owed. If an open account Purchaser fails to
make full payment within forty-five (45) days from date of shipment, EnvironSoil
may defer shipment of other orders, or cancel all or any part of any unshipped
order until such payment is made.
CREDIT BALANCE
Purchaser agrees that any credit balances issued will be applied within one (1)
year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY
BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND EnvironSoil SHALL HAVE
NO FURTHER LIABILITY.
FREIGHT POLICY
Unless varied herein, shipping terms are FCA (as defined by International
Chamber of Commerce Terms) closest U.S. airport or port of exit from EnvironSoil
shipping warehouse, except Hawaii or Alaska, using local shipping point and
routing of EnvironSoil’s choice. Freight is Prepaid and added as a separate
item to invoice. Purchaser shall be responsible for obtaining insurance.
At EnvironSoil’s option, freight policy for export orders may be subject to
special terms and conditions. If any item is backordered on an order qualifying
for freight prepayment, that item will be shipped prepaid as Purchaser’s
exclusive remedy. Title and risk of loss shall pass to Purchaser on delivery to
the common carrier or vessel in the United States. If product is damaged in
transit, Purchaser must file claim exclusively with carrier, vessel and/or insurance
company.
COUNTRY OF IMPORTATION
Purchaser represents that it is purchasing the products for the purpose of
exporting them from the United States and importing them to the country
specified in Purchaser’s purchase order. Purchaser agrees that the products
will be shipped to that destination in compliance with the laws of such
country, and that there will be no reexport or diversion. If requested by EnvironSoil,
Purchaser shall provide documentation satisfactory to EnvironSoil verifying delivery
at the designated port of entry.
EXPORT AND IMPORT LICENSES;
PERMITS AND FREIGHT FORWARDER
Notwithstanding anything contained herein and unless expressly agreed,
Purchaser shall be responsible for obtaining and paying for any permits,
licenses, or other governmental authorization(s) necessary for the exportation
or importation of the products into the designated country of importation, and
it shall comply with all laws and regulations thereof. Purchaser shall select
and pay the freight forwarder who shall solely be the Purchaser’s agent. The
freight forwarder’s actions shall not be deemed authorized by, or binding upon EnvironSoil,
unless expressly agreed to by EnvironSoil.
FOREIGN CORRUPT PRACTICES
ACT
Purchaser acknowledges that it is not the agent of EnvironSoil and represents
and warrants that it has not and covenants that it will not pay anything of
value to any government employee in connection with the resale of the products.
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 Illinois, 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 Illinois, and not the United Nations Convention on Contracts for the
International Sale of Goods, shall apply.
DISPUTE RESOLUTION
Actions by EnvironSoil for nonpayment by the Purchaser of the purchase price of
products sold by EnvironSoil, or for redress of other breaches by the Purchaser
of the Terms and Conditions of Sale, may be brought by EnvironSoil, at its
option, before any judicial court of competent jurisdiction. At EnvironSoil’s
option, disputes between the Purchaser and EnvironSoil, including all claims
for non-performance by EnvironSoil, shall be finally settled by arbitration in
Danville, Illinois, USA, under the Rules of the American Arbitration
Association, which Rules with respect to matters not regulated by them shall
incorporate the UNCITRAL arbitration rules by one or more arbitrators appointed
in accordance with said Rules applying these Terms and Conditions and
consistent provisions of the internal laws (except conflict of law rules) of
the State of Illinois, USA.
While efforts have been made to ensure the
accuracy of this Web site, due to its open nature, EnvironSoil does not warrant
its accuracy.