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These conditions apply to all internet, phone orders, sales of all products, contract between Applied Ozone Systems and buyer, customer or dealer. The company (Applied Ozone Systems) reserves the right to accept or reject any order. Special or large custom-built orders may require deposits (100%) in advance of production and subject to other terms and conditions of sale as may be appropriate. No variations or additions shall be effective unless agreed by the company in writing. Any terms or conditions in a customer's order, which have not been agreed by the company in writing, shall have no effect.
Applied Ozone Systems apologizes for such strict terms and conditions, there are always a few dishonest people looking to get something for free that have to ruin it for our honest customers.
1. All ozone generators, air purifiers or air cleaners that are sold or manufactured by Applied Ozone Systems are for commercial applications only and used in non-occupied areas. Rule applies to California residents or any other state that adapts laws (AB 2276) that regulate the emissions of ozone in the home regardless of any applications for use as stated on the web pages. Revised on 11-25-6
2. Acceptance: The customer will be deemed to have received, inspected and accepted goods as satisfactory and complete in all respects unless written notice of any alleged damage or shortage is received by the company of any goods supplied within 14 days from the date of shipping. The invoice or credit card receipt in respect of the goods or products will be sent by mail (or included with the shipment) by the company as soon as practical after the dispatch of the goods.
3. Complaints and Cancellations: The company shall be given every right to examine goods subject of complaint, at the company's premises, or any other premises to which the goods are kept. Subject to receipt of notice, the company may at its option either replace, or make up or repair any goods accepted by the company as being incomplete or damaged or may refund the price or give credit therefore and in no event shall the liability of the company exceed the net invoiced value of the goods under complaint. Special orders for products ordered for customer from other vendors/manufactures or large orders cannot be canceled once the material has been ordered and/or production has started. See Returns and Errors
4. Delivery and Shipping: Most items are shipped via UPS ground. Single book orders and Oxy-Mega are sent by priority mail. Orders requested to go via a special Carrier or Air Freight must be specified at time of ordering. All charges for shipping and insurance will be the responsibility of the customer.
Estimated delivery dates (if any) are given in good faith but are not binding unless so confirmed in writing by the company's acceptance of an order and in that event time shall not be the essence of the contract, subject to there being terms whereupon a contract will come into force.
The company shall not in any event be liable for delay or failure to make delivery of any goods due to circumstances beyond its control including but without prejudice to the generality of the foregoing, armed conflict, war, rebellion, revolution, strikes, lock-outs, break-down of plant or government or other laws regulations rules or decrees. Customer will be responsible for the full cost and receiving even if they give the company a bogus ship to address (like a neighbor) and say they want another because the product was not delivered or received.
Foreign shipments must be prepaid in full in USA funds before shipping. The customer or dealer assumes all responsibility for merchandise shipped air mail or ground to a foreign country. The company will not be responsible for the inability of the foreign postal service for failure to deliver such merchandise. If goods are returned and marked undeliverable or other reasons because of customs fees, etc., the customer agrees to pay the extra shipping.
5. Damaged Merchandise: All merchandise should be checked immediately for damage upon arrival. The company cannot be held liable for damage or loss to a shipment by a freight carrier or from customer abuse. Claims for damaged products, suspected damages, or container shortages must be noted on the Carrier's delivery receipt. The Carrier Claims Representative should be notified immediately by the customer. When damaged goods are returned they must be in the original box and packed to prevent further damage. See Returns or Errors.
6. Estimates and Quotations: An estimate does not constitute a contractual offer but will remain open for 30 days. A budgetary illustration has no contractual relevance. An order by a customer is not deemed to be accepted until the company has confirmed acceptance in writing.
7. Indemnity: The customer and their insurance company shall indemnify the company from and against all liability, loss, damage, injury, cost, expenses, claims and demands arising from any cause to themselves, others or personal property, other negligence or breach of contract by the company. The company will not be responsible for damage or losses, direct or indirect, arising from any cause whatsoever from any of its products, nor for damage to the equipment caused by outside influences including modifications, improper installation, and maintenance, corrosion and/or electrolysis, improper voltage supply, lighting, or careless handling, nor for labor, transportation or other charges incurred in the replacement or repair of damaged parts. The company assumes no responsibility for the suitability of the intended use of its products including the dietary supplements or those of other manufactures.
8. Prices: Our prices in any list issued by the company are subject to alteration at any time. Written or E-mail estimates issued by the company will be valid for 30 days only. Products are sold at prices in effect at the time the order is taken. The company reserves the right to change prices without notice when necessary. All prices are F.O.B. factory.
Product prices do not include taxes. The amount of any present or future sales, use, excise, or similar tax if applicable to the sale shall be paid by the buyer unless a tax exemption certificate acceptable to the tax authorities is approved.
9. Payment: The customer shall not be entitled to withhold payment of any sums due to the company by reason of any disputed claim by the customer relating to any goods or deliveries. Any bad or fraudulent checks written for product or the customer stops payment on check for goods received agrees to pay all attorney and court fees plus fives times the amount of sale.
If the customer fails to make payment by the due dates then without prejudice to any other rights of the company: The company shall be entitled to suspend all or any other deliveries to be made under that or any other contract with the customer and in such event the customer shall not in any respect be released from its obligations to the company under that or any such other contract. The company shall also be entitled to treat the relevant contract or any other contract with the customer as having been terminated by the customer and to claim damages for breach of contract accordingly.
The payment of accounts due to the company must be made within 30 days of the presentation of any account, or invoice. The company reserves the right to charge interest on delinquent accounts at 1.5% per month service charge until receipt by the company of cleared funds in full settlement.
Customers without credit will be required to either pay by cash, check, credit card, bank draft or money order, with order or prior to collection of order. All orders submitted on the internet order forms where the customer types their signature name in the text field for Card Holders Name and Your Name will be your full legal hand written and binding signed signature and is the signature on your credit card receipt when processed and the same as if you were here in person. This same customer signature will be accepted as your legal hand written signature when the order form is submitted from your bank, any court of law, credit card company or any other merchant service or any other company. Your signature on the order form also means that you have read and agree with your full acceptance to these terms and conditions as set fourth herein. All overseas orders will require payment in full with order. Under no circumstances will products be shipped until payment has been cleared.
10. Returns or Errors: The customer is legally bound to take the goods comprised in the contract and a return of goods will not be accepted unless the goods are new and unused and prior authorization has been given by the company in writing or by fax. All sales are final, especially those goods the company ordered from other vendors/manufactures, sold on sale or at discounted prices under the suggested retail price. The amount of credit, if any that may be allowed in respect of goods cancelled or returned due to customer error (if accepted) is entirely at the discretion of the company and reserves the right to charge a 25% restocking fee on all returned goods. The cost of any bank fees, credit card charges, damaged items or accessories will also be added to the restocking fee. The company will assume responsibility for their own errors.
Same terms as stated herein apply to the OXY-MEGA and Tropical Sunrise Dietary Supplement products if accepted for return by the company. No return will be accepted if the bottle has been opened or if the outer seal has been broken, tampered with or purchased from another company or person. The original shipping charge will be deducted from the customer refund to cover the shipping and handling cost and credit card processing fees incurred from the sale and return of refund. When the product is returned undeliverable or for any reason by a wrong address that the customer submitted, customer will pay the cost to re-mail. If the product is mailed outside the USA and is returned because of customs or customer does not want to pay the customs fee, customer will receive a refund minus the shipping cost. Customer should consult with their physician before ordering the dietary supplements. No refund will be given for the Oxy-Mega or Tropical Sunrise because the customers doctor recommends not taking after ordering and receiving the product.
Breath of Life 2007Version sent by email: If customer email server protects them from junk mail or attachments it is their responsibility to add our email so they can receive the attachment as per order confirmation instructions. Customer receiving the attachment will honor the books Copyright and agrees not to copy, distribute, forward by email, or reproduce the book electronically for profit. There are no book refunds.
All refunds will be done through Applied Ozone Systems only. The customer will not authorize any charge back notification through their bank, credit card company or the others the company uses for processing for credit from the purchase. All disputes will be handled through the company and customer only. These terms and conditions will supersede any contract or terms the customer may have with their bank or any other credit card company.
The customer shall be responsible for the packing, shipping and maintenance in respect of all goods that are returned to the company for any reason whatsoever. In no circumstances will the company be liable or under any duty whatsoever for goods which have been damaged or used after risk has passed to the customer. Risk in respect of goods shall pass upon delivery to the customer or to the carrier if the customer arranges transport.
All Dealers and Distributors shall be responsible for all shipping damage to customers and sub-distributors, damage incurred during storage and the abuse from failure to follow product instructions by the customer. Also to be responsible in checking for any shipping damage upon arrival. All product should be checked for proper operation before sale to customer. Before any faulty units are returned for warranty, they should be inspected for any loose wires and re-soldered or repaired if necessary by the distributor.
11. Submitting The Order Form: Submitting your order or clicking the Submit button at the bottom of the order form means you have read and agree to these terms and conditions.
12. Technical Advice: Any advice furnished by the company concerning any use or application of its products is believed to be reliable. The company makes no warranties, expressed or implied of results to be obtained, or from free quotes. The customer assumes all responsibility for loss or damage resulting from the handling or use of any such product, or from any such technical advice.
13. Warranties: All conditions and warranties, whether expressed or implied, and whether arising by statute, custom of the trade or at common law are excluded. The company shall not be liable for loss of profit, injury, damage or any consequential or special loss or damage sustained by the customer howsoever arising. The only guarantee or warranty that the company can give is a guarantee which it itself has from the original manufacturer or supplier of materials used in fulfilling the contract.
There are no warranties, expressed or implied, applicable to the products except as stated herein or those in the company web pages. The company will not be responsible for any statements that are made or published, written or oral, which are misleading or inconsistent with the facts published in the literature or specifications furnished by the company and manufacture. Any accessories included with the air or water ozonators / ozone generators like hose and tube fittings, oxygen regulators, stone bubblers, water filters, or check valves are not part of the company warranty. Any abuse or alterations to the equipment or goods, misuse, used beyond the limits or failure to follow instructions will automatically void the warranty. The company does not guarantee any of the product line against water damage, lightning strikes, abuse or improper installation and wiring without the ground being earthed.
All Applied Ozone Systems warranty slips must be mailed within 14 days from the original purchaser or warranty is void.
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Applied Ozone Systems
Revised on 4-10-06
