PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Enduramark (Company). The collective work includes works that are licensed to Company. Copyright 2017, Enduramark ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Company or purchasing Company products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Company or to purchase Company products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Company. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All Company trademarks, service marks and trade names used in the site are trademarks or registered trademarks of Company. All trademarks and registered trademarks are the property of their respective owners.
In the event that a Company product is mistakenly listed at an incorrect price, Company reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Company reserves 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, Company shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Company without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Company may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Company.
Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Company products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Company products) must be commenced within one (1) year after the claim or cause of action arises. Company's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Company may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Company or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Company does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Company in its sole discretion.
You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Company may link to sites operated by third parties. However, even if the third party is affiliated with Company, Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Company. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Company seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
“Products” means the parts, goods, and/or services purchased by the customer (Buyer) to Enduramark (Company).
Terms and Conditions
Unless otherwise agreed to in writing prior to order placement, Company’s terms and conditions detailed herein, together with any other specified terms on Company’s Quote and/or Sales Order Confirmation, apply to all transactions and shall be the sole governing terms and conditions.
Prices are subject to change anytime for any reason and will become effective after a written notice to the Buyer. Revenue or excise tax, value added tax, turnover tax or any other tax or duty applicable shall be paid by the Buyer unless the Buyer provides a valid tax exemption certificate. All freight charges F.O.B. in and collect out unless otherwise agreed.
Payment is due at time of product order unless otherwise agreed in writing.
Delivery & Title
All delivery and pick up dates are approximate dates. Company is not bound, obligated or in anyway liable for meeting estimated dates. Delivery of product either early or late are to accepted by the customer. Company reserves the right to make partial or installment deliveries. Company will be held harmless for any monetary penalties or payments based on failure to meet promised or approximated delivery dates. Title passes when the product is tendered to the carrier at Company’s facility. The Buyer shall be responsible for any change in shipping documentation and/or specifications. Buyer is responsible for any duties, tariffs, and/or taxes.
NEVER SIGN FOR ANY PACKAGE BEFORE YOU INSPECT IT. You must look at the package(s) to see if there is any damage. We recommend that you open each package regardless of the exterior of the carton(s) look like since there can be concealed damage. Once you signed for package(s) it becomes your sole responsibility. If the driver will not let you open the package(s) then fully inspect the outside of each carton and note any damages on the bill of landing such as the following: “Driver would not allow inspection prior to signing”. If there is sign of damage it is your discrete to received the package(s) or refuse it. If you are intentionally refused the shipment you are RESPONSIBLE for any additional shipping fee that may occurs. However, the damaged is too obvious please document as much as possible including taking pictures if it is necessary and refuse the shipment and call us immediately. All damages claims must be fill within 48 hours of delivery. No claim can be processed after that time. IF YOU DO NOT MAKE NOTE OF DAMAGES ON THE DELIVERY TICKETS OR FOLLOW OUR GUIDE LINES, IT BECOMES YOUR SOLE RESPONSIBILITY AND IT UP TO YOU TO FILE THE CLAIM WITH THE CARRIER.
Cancellation and Changes
Orders shall not be canceled and/or changed unless authorized by Company. Orders for stock items can be cancelled up to 24 hours after your order has been placed as long as the item has not be packaged, boxed and/ or shipped from the factory. Custom orders CANNOT be cancelled once placed. Additional charges may be applied based on cancellation and/or change to the original order.
Company's laser marking spray products cannot be returned unless Company determines the product was defective. Other products can be returned within 30 days with a valid RMA number.
Unless stated otherwise, this site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Company does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Company does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Note: Products sold by Company which do not bear the Company’s Brand name(s) are serviced and supported exclusively by their manufacturers in accordance with any terms and conditions package with the products. Any Company Warranty does not apply to products that are not Company-Branded, even if packaged is sold with Company products.
Claims and Actions
Company is not liable for incorrect counts or shortages in shipping to a customer or receiving from a customer of customer supplied parts or product. Company is not responsible for customer supplied product that may be lost, damaged or destroyed regardless of the reason for said loss, damage or destruction. The Buyer shall not return any non-conforming goods without written notification to Company. Company will reject any unauthorized returns and the Buyer will be responsible for all associated costs and expenses, including freight costs, and will bear the risk of loss or damage to such products. Company, at its sole discretion, may accept or reject the claim after inspection of returned products at its facility. Company’s policy is credit and replace after acceptance of a claim.
Limitation of Liability
Company shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Company has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. We are not liable for any incorrect use of products. Always take proper safety procautions when using products. We are not liable for any items that you use our laser marking spray products on.
Buyer’s Obligation: Rights to Seller
Buyer shall follow terms and conditions in order to settle monies owed. Company shall retain a security interest in products supplied until payment is received under the Uniform Commercial Code. Company shall have security interest in, and lien upon, any property of the Buyer’s in its possession in order to secure payments of monies owed.
In the event of contingencies beyond the reasonable control of Company, the obligation of Company shall be suspended, and quantities so affected may be eliminated from the contract without liability. If Company invokes Force Majeure, Company shall give prompt notice of, and utilize best efforts to terminate or remove, the Force Majeure conditions.
This agreement contains the entire agreement between Company and the Buyer and constitutes final, complete and exclusive expression of the terms of the agreement.
Waiver and Severability
Failure to enforce any provision of this agreement will not waive that provision nor will any such failure prejudice Company’s right to enforce that provision in the future.
Company reserves the right to cancel this agreement for any reason at any time.
This agreement and the sale and delivery of products shall be deemed to have taken place in and shall be governed and construed in accordance with the laws in the State of Texas. Disputes between the parties shall settled by arbitration first, unless both parties agree in writing.
Changes to the Terms
Company reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of this sited and any changes to Terms will signify your agreement to be bound by them.