Terms & Conditions
Savillex reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Savillex Web site following any such change constitutes agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.
Agreement
Savillex expressly conditions sales of its products on the prices, conditions and terms set forth in this document. No terms other than those stated in this document apply to the sale of products by Savillex unless agreed to in a writing signed by an authorized officer of Savillex that expressly indicates its terms supersede Savillex’s standard Sales Terms and Conditions. Savillex hereby expressly objects to any terms different from or in addition to those contained in this document and such objection shall not be deemed waived unless agreed to in a signed writing as required above.
Price / Payment
Prices are FOB shipping point and payable by Visa or Mastercard credit cards. Buyer is responsible for freight, custom clearance charges, sales, use, excise and other applicable taxes. Savillex may invoice Buyer for such taxes and charges, which amounts are not included in the prices.
Performance
Unless otherwise agreed to in writing, Savillex reserves the right to make changes to the products which Savillex believes will improve them. Shipment and delivery dates are only estimates. Savillex's performance shall be excused in the event of accident, fire, disaster, shortage of labor or material, and all other similar or dissimilar cause beyond the control of Savillex.
Claims and Returns
Claims for shortages or inaccurate filling of orders must be received by Savillex in writing within 30 days after Savillex's shipment of the products. All returns must have an accompanying return authorization number issued by Savillex. Returned products will be accepted only with prior written approval from Savillex and must be returned freight prepaid, in unused, resalable condition and in the original packaging and must be at the current revision level. The return of products for any reason other than failure to conform to specifications may be subject to a 20% charge.
LIMITED WARRANTY
Savillex warrants its products against defects in materials and workmanship for 90 days from the time of shipment. Savillex makes no warranty, express or implied, with respect to any components, products, information or services provided by any third party. Upon Savillex's confirmation of defects, Buyer’s EXCLUSIVE REMEDY shall be for Savillex, at Savillex's option and subject to return of the defective product, to repair or replace the defective product or to refund the price paid by Buyer for such product. Warranty coverage excludes product damage which Savillex determines is due to accident, misuse or lack of reasonable care. Buyer's warranty rights are subject to Savillex being promptly notified in writing upon discovery of a warranty claim with a detailed explanation of the defect, and the claimed defective product being received by Savillex, freight prepaid, within 30 days after expiration of the warranty period. EXCEPT AS STATED IN THIS DOCUMENT, NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS GIVEN OR AUTHORIZED BY SAVILLEX. IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED.
LIMITATION OF LIABILITY
SAVILLEX DISCLAIMS AND IS NOT LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR TYPE, WHETHER ARISING OUT OF WARRANTY OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, FORESEEABLE LOSS, LOST PROFITS AND RELIANCE DAMAGES. IN NO EVENT SHALL SAVILLEX’S LIABILITY UNDER ANY CAUSE OF ACTION RELATING TO A PRODUCT EXCEED THE PURCHASE PRICE OF THE PRODUCT.
Indemnification
Buyer shall indemnify Savillex from all third party claims asserted, and damage, liability, costs and expenses incurred, arising in connection with the products which are not due to a breach of this contract by Savillex.
Severability
If any of the provisions contained herein shall be held to be unenforceable for any reason, such unenforceability shall not affect any other provision herein, and these terms shall be construed as if such unenforceable provision had never been contained herein.
Governing Law
The validity, interpretation and performance of this contract and any dispute connected herewith shall be governed and construed in accordance with the laws of the State of Minnesota, U.S.A.
Entire Agreement
The terms in this document contain the complete agreement between the parties with respect to the subject matter hereof. Any modification or waiver must be set forth in a written document signed by an authorized representative of the party to be bound. Any waiver shall be limited to the then current circumstance unless specifically stated in writing otherwise and shall not be deemed a waiver of the same or any similar circumstance in the future.
BY ACCESSING AND USING THE SAVILLEX WEB SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SAVILLEX WEB SITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF MINNESOTA, UNITED STATES OF AMERICA.