Terms Of Sale

(Last Updated 2021-04-14)

Please read these terms and conditions carefully. They contain important information concerning your legal rights and obligations when making purchases from this Website operated by Puraglobe Syntainics LLC (“Puraglobe”, “we,” “our,” or “us”).

These terms and conditions (the “Website Terms of Sale”) are made a part of and incorporated into the Terms of Use for this Website. Any terms not defined here have the meanings given to them in the Website Terms of Use.

As further detailed in the Terms of Use, THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN THE “ARBITRATION AND APPLICABLE LAW” SECTION OF THE WEBSITE TERMS OF USE, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND.

We are not responsible for errors, typographical or otherwise, in descriptions, pictures or specifications. We do not offer sales advice or technical support.

We reserve the right to revise these Website Terms of Sale and to change this Website (including product offerings and product pricing) without prior notice. You can review the most current version of these Website Terms of Sale at any time on this page. It is your responsibility to check this page periodically for updates. Your continued access or use of this Website following the posting of any updated Website Terms of Sale (including ordering any products) constitutes acceptance of such Website Terms of Sale.
 

  1. Sales Terms for Products

    1. Prices. Prices for all products are in United States dollars and exclude any and all applicable taxes and shipping and handling charges, unless expressly stated otherwise. Prices, specifications, product descriptions and offer terms are subject to change without notice.

    2. Sales Tax. You are responsible for payment of all applicable state and local taxes, including sales, use, VAT, or other taxes.

    3. Payment and Credit Terms. For any purchase of products, you agree to pay using a valid credit card (or other form of payment that we may accept from time to time), the applicable fees and taxes (if any) set forth in the offer that you accepted. We reserve the right, upon prior notice to you, to change the amount of any fees and to institute new fees. If you elect to use a third party payment system provider and we are charged fees by that provider, we reserve the right to charge you for those fees or seek reimbursement for any and all costs paid to the third party provider for the transfer of funds, retrieval of payment detail, or any other purpose. All authorized charges will be billed to your designated credit card account (or other payment method), on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to us for any reason, we reserve the right to suspend or terminate your access to the Website, terminate any order, stop shipment of any products, and/or pursue other remedies available to us. It is your responsibility to ensure that sufficient funds are available to cover the charges for the products, and we have no liability for any overdraft or other fees that you may incur as a result of us processing the payment.

  2. Dispute Resolution – Arbitration

    The arbitration procedures applicable to these Website Terms of Sale and your purchase of any products are detailed in the Terms of Use.
     

  3. Shipping; Risk of Loss

    All products purchased through this site are sold Free on Board (“F.O.B.”) our shipping point. All risk of loss passes to you upon us (or our affiliate’s) delivering the products to the carrier. In no event will we (or our affiliates) be responsible for delays or damage after risk of loss passes or otherwise due to events beyond our control such as acts of God, acts of terrorism, acts of government, fire, flood, civil disobedience, strike, lockout or embargo.
     

  4. Return Policy; Disclaimer of Warranty

    1. Returns. Unless otherwise specified in the product description or other content accompanying a product listing on this Website or in a writing signed by us, merchandise may be returned within 30 days from the original order date if it does not conform to the product description, with proof of purchase. A restocking fee, not to exceed 25% of the purchase price may be charged in the event of any return. In the event a product is returned, we may issue you a site credit for the purchase price (but not the shipping cost) or may, in our discretion, provide a reasonably comparable replacement (provided you agree to pay the shipping cost for the replacement). Except for this credit, we shall have no liability whatsoever to you. You are responsible for insuring all return shipments and accept the entire risk of any damage or loss that occurs during return shipping.

    2. WARRANTY DISCLAIMER. NO WARRANTY, EXPRESS OR IMPLIED, IS MADE OR AUTHORIZED BY US. PURAGLOBE AND OUR PARENT, SUBSIDIARIES, AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. ALL PRODUCTS ARE SOLD “AS IS”. PURAGLOBE AND OUR PARENT, SUBSIDIARIES, AND AFFILIATES ALSO DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION.

    3. LIMITATIONS OF LIABILITY.

      NEITHER PURAGLOBE NOR OUR PARENT, SUBSIDIARIES, OR AFFILIATES WILL HAVE ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES TO THE EXTENT DISCLAIMERS OF SUCH DAMAGES ARE PERMISSIBLE.

      IN ALL CIRCUMSTANCES PURAGLOBE'S AND OUR PARENT’S, SUBSIDIARIES’, AND AFFILIATES’ MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCTS THAT GIVE RISE TO THE LIABILITY. NEITHER PURAGLOBE NOR OUR PARENT, SUBSIDIARIES, OR AFFILIATES SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR VIA OTHER CLAIMS RELATING TO THE PRODUCTS SOLD THROUGH THE SITE, WHICH EXCEEDS THIS LIABILITY LIMIT.

      NEITHER PURAGLOBE NOR OUR PARENT, SUBSIDIARIES, OR AFFILIATES SHALL BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST YOU, OR FOR DEFECTS, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, OR EXEMPLARY DAMAGES, WHETHER OR NOT THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

    4. SAFETY DISCLAIMER. YOU MUST ALWAYS REVIEW ALL LABELS AND WARNINGS ON ALL PRODUCTS, FOLLOW ALL APPROPRIATE SAFETY PROCEDURES, AND VERIFY THAT THE PRODUCTS YOU ARE USING ARE APPROPRIATE FOR THE APPLICATION BY CHECKING THE VEHICLE OR OTHER EQUIPMENT OWNER’S MANUAL PRIOR TO ADDING OR REPLACING ANY PRODUCT. WE WILL NOT BE RESPONSIBLE IN ANY AMOUNT FOR ANY DAMAGES RESULTING FROM YOUR FAILURE TO TAKE THE FOREGOING PRECAUTIONS.

    5. CERTAIN RESTRICTIONS ON DISCLAIMERS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY AND OTHER RIGHTS MAY BE AVAILABLE.

    6. Product Compliance and Suitability. Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. We do not guarantee compliance or suitability of the products we sell with any laws, codes or regulations, nor do we accept responsibility for construction, installation and/or use of a product. It is your responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the use involving the products is compliant.

  5. Product Information

    1. Safety Data Sheets. Safety Data Sheets (“SDS”) for OSHA defined hazardous substances are supplied by the manufacturers and/or suppliers. WE MAKE NO WARRANTIES AND EXPRESSLY DISCLAIM ALL LIABILITY TO YOU OR ANY USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE INFORMATION IN ANY SDS. YOU OR THE END USER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT. Send SDS requests to Puraglobe, PURAGLOBE SYNTAINICS LLC, 4420 Pendola Point Road, Tampa FL 33619, United States, or log on to Syntainics.com and click on “[View the Safety Data Sheet]” (SDS)].

  6. General Terms

    1. Cancellation. Except as specified above in Section 4.1, all sales are final, and all product order cancellations must be approved by us, and may be denied or subject to restocking fees and other charges in our discretion.

    2. Force Majeure. We shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond our reasonable control in the conduct of the business.

    3. Assignment. You may not assign any order, or any interest therein, without our prior written consent. Any actual or attempted assignment without our prior written consent shall entitle us to cancel such order upon notice to you and is void.

    4. No Third Party Benefit. The provisions stated in these Website Terms of Sale are for the sole benefit of you and us, and confer no rights, benefits or claims upon any other person or entity.

    5. Waiver. The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by the other party.

    6. Choice of Law and Venue. All transactions shall be governed by the laws of the State of Florida, excluding its conflict of law rules, and to the extent allowed under these Website Terms of Sale, both parties agree that venue shall be proper either in the state courts in Tampa, Florida or the federal courts for the Middle District of Florida.

    7. Severability. If any portion of these Website Terms of Sale is found to be invalid or unenforceable, the invalid or unenforceable term shall be severed from these Website Terms of Sale, and the remaining terms and conditions shall be valid and fully enforceable as written.

    8. Modification of Terms. Our acceptance of any order is conditioned on your acceptance, in entirety without addition, modification or exception, of these Website Terms of Sale and the Website Terms of Use. Your assent shall be presumed from your receipt of our acknowledgment, or from your acceptance of all or any part of the products ordered. Any modification or proposal you submit, written or otherwise, which is inconsistent with or in addition to these Website Terms of Sale or the Website Terms of Use is objected to and is hereby rejected. Our failure to respond to any communication or proposal shall not be deemed acceptance or approval of any term or condition contained in that communication or proposal.

    9. Complete Agreement. All purchases that you make via the Website are governed by these Website Terms of Sale. The Website Terms of Sale are incorporated into and made a part of the Website Terms of Use.