Terms Of Service
Terms and Conditions
USE OF THIS WEBSITE
Use of this website, purozone.com™, and business conducted with PUR-O-ZONE, Inc.™, are subject to these Terms and Conditions.
GEOGRAPHIC AREA LIMITATION
Sales from this website, purozone.com, and PUR-O-ZONE, Inc. are limited to the contiguous 48 United States. Many offers of service are limited to specific regions of Kansas and western Missouri.
SALE TYPE LIMITATION
Sales from this website, purozone.com, and PUR-O-ZONE, Inc. are limited to business-to-business transactions between PUR-O-ZONE, Inc. and business, institution or government entities owned and operated within the United States.
PUR-O-ZONE, INC. LIMITED WARRANTY FOR BUSINESSES
ALL PRODUCTS SOLD TO BUSINESS CUSTOMERS ARE WARRANTED BY PUR-O-ZONE, INC. ONLY FOR USE IN BUSINESS OR GOVERNMENT AGAINST DEFECTS IN WORKMANSHIP OR MATERIALS UNDER NORMAL USE FOR ONE (1) YEAR AFTER DATE OF PURCHASE FROM PUR-O-ZONE, INC. AT PUR-O-ZONE, INC.’S OPTION, THE EXCLUSIVE REMEDY FOR ANY PRODUCT IT DETERMINES TO BE DEFECTIVE IN WORKMANSHIP OR MATERIALS WILL BE REPAIR, REPLACEMENT OR REFUND OF THE PURCHASE PRICE.
A. 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 PUR-O-ZONE, INC.. PUR-O-ZONE, INC. DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR, LACK OF PROPER MAINTENANCE PRESCRIBED IN MANUFACTURER MANUAL(S), OR MISAPPLICATION. PUR-O-ZONE, INC. EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE PRODUCTS: (i) ARE MERCHANTABLE; (ii) FIT FOR A PARTICULAR PURPOSE; OR (iii) DO NOT AND WILL NOT INFRINGE UPON OTHERS’ INTELLECTUAL PROPERTY RIGHTS.
B. PUR-O-ZONE, INC. MAKES NO WARRANTIES TO THOSE DEFINED AS CONSUMERS IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENT ACT.
LIMITATION OF LIABILITY
PUR-O-ZONE, INC. EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. PUR-O-ZONE, INC.'S LIABILITY IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.
PRODUCT RETURNS FOR BUSINESS CUSTOMERS
For business customers, product returns, if allowed, must be made within 30 days from date of delivery, unless otherwise indicated. Returned product must be in original packaging, unused, undamaged, and in saleable condition. Proof of purchase is required in all cases. Product returns may be denied or made subject to restocking fees and other charges by PUR-O-ZONE, Inc.
INSTRUCTIONS FOR WARRANTY RETURNS AND PRODUCT RETURNS
For warranty product returns, please follow the instructions below to assure prompt handling. Proof of purchase is required in all cases:
If the product was purchased on purozone.com, email firstname.lastname@example.org providing the purchase date, the order number, the item number and a description of the defect. Or, you may call PUR-O-ZONE, Inc. Customer Service at 1-800-727-7876 with the same information. Please review the Return Policy for other important information about returns.
TERMS OF SALE
Last Revised: 01/01/2015
I. PUR-O-ZONE, INC. STANDARD TERMS AND CONDITIONS
A. SALES POLICY FOR PRODUCTS
1. Business-to-Business Only
PUR-O-ZONE, Inc. sells its complete offering to business, institutional, church and government customers.
2. Internet Prices
Prices listed do not include freight, handling fees, taxes, and/or duties, and are subject to correction or change without notice. Prices listed are for purozone.com internet purchases only, and exclusive from other pricing. PUR-O-ZONE, Inc. reserves the right to accept or reject any order.
3. Sales Tax
Customer is responsible for payment of all applicable state and local taxes. Customers wishing to purchase under tax-exempt status are invited to provide a valid sales tax exemption certificate and to apply for open account status. If open account status is granted, customer will be placed on regular on-line ordering system (ECCOS) at pozone.net.
4. Payment Terms
All purchases through purozone.com are paid by credit card options at time of order placement.
B. FREIGHT POLICY
Prices stated are F.O.B. origin, freight or parcel service prepaid to destination specified in the order. PUR-O-ZONE, Inc. charges a shipping and handling fee, (which includes internal handling and related costs) on each order which is applied at time of order and reflected on customer's order confirmation. Receipts for shipping and handling charges will not be furnished. PUR-O-ZONE will determine at its discretion, and based on answers to on-line form questions, the best method of shipment. If the product or products are missing or damaged in transit, customer's only recourse is to file a claim with the common carrier or parcel service. See Return Policy for additional information on damaged or missing freight.
C. PRODUCT WARRANTY POLICY
Refer to PUR-O-ZONE, Inc., LIMITED WARRANTY FOR BUSINESSES, above.
1. Manufacturer’s Warranty.
See Return Policy for information on assistance with manufacturer warranties.
2. 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. PUR-O-ZONE, Inc. does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does PUR-O-ZONE, Inc. accept responsibility for construction, installation and/or use of a product. It is customer's responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
(i) Relevant Training – Customer assumes all responsibility for providing training to meet local and federal laws and regulations.
3. Cross-Reference Information.
Product cross-reference comparisons do not imply that products are available or perfectly comparable. CROSS-REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Customer shall review all cross-referenced product specifications prior to purchase and use to determine suitability of the product for customer's intended use.
D. PRODUCT INFORMATION
1. Catalog/Website Information.
Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to, any PUR-O-ZONE, Inc. catalog, literature or websites does not constitute the right to purchase products. PUR-O-ZONE, Inc. reserves the right to revise publishing errors in its catalogs or any of its websites when noted.
Despite our efforts, occasional pricing errors may occur in the PUR-O-ZONE, Inc. catalogs and websites. PUR-O-ZONE, Inc. reserves the right to cancel any and all orders resulting from such pricing errors, even if customer has received an order confirmation from PUR-O-ZONE, Inc.
2. Product Substitution.
Products and/or country of origin may be substituted and may not be identical to descriptions and/or images published in the catalog or on the website. In most cases, but not guaranteed, customer will be contacted regarding any significant substitution before product shipment, and may cancel order.
3. Safety Data Sheets.
Safety Data Sheets (“SDS”) for OSHA-defined hazardous substances are prepared and supplied by the manufacturers. PUR-O-ZONE, INC. MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE RECOMMENDATIONS IN ANY SDS. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT.
4. California Proposition 65.
The State of California requires that certain warnings be given concerning products subject to Proposition 65. For products denoted with a or a symbol the following warnings apply:
Warning: This product contains a product known to the State of California to cause cancer.
Warning: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm.
5. SDS and Proposition 65 Regulated Product Requests.
Information on SDS and Proposition 65 regulated products are available: (i) by contacting PUR-O-ZONE, Inc., P.O. Box 727, Lawrence, Kansas 66044 (ii) emailing email@example.com (iii) by calling PUR-O-ZONE, Inc. at 800-727-7876 8:30 a.m. to 4:30 p.m. CST Monday through Friday; or (iv) by logging on to www.purozone.com and clicking on the SAFETY tab at the top of the page, or natureofcleaning.com and clicking INFORMATION>REFERENCE>GHS/SDS INFORMATION. A complete list of Proposition 65 regulated chemicals is available by logging on towww.oehha.ca.gov.
6. Important Notice to Federal Customers Re: Country of Origin.
While all Pro-Link® (of which PUR-O-ZONE, Inc., is a distributor-member) products listed on GSA Advantage® meet the requirements of the Trade Agreements Act (“TAA”), as implemented by Federal Acquisition Regulations Part 25, other products sold by PUR-O-ZONE, Inc. may not meet the requirements. PUR-O-ZONE, Inc., makes no claims about any other products being “TAA-compliant.”
E. GENERAL TERMS
1. Electronic Data Interchange.
If PUR-O-ZONE, Inc. and customer mutually agree to use an Electronic Data Interchange (“EDI”) system to facilitate purchase and sale transactions, customer agrees that it will not contest: (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. PUR-O-ZONE, Inc. and customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access. In the event of a conflict, the business records maintained by PUR-O-ZONE, Inc. regarding EDI purchases made by customer shall be deemed to be conclusive.
2. Intellectual Property.
Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights reserved by PUR-O-ZONE, Inc., or any trademarks or service marks owned by suppliers to PUR-O-ZONE, Inc.. All materials contained on the purozone.com website are subject to the ownership rights of PUR-O-ZONE, Inc. and its suppliers. Customer shall have no right to copy or use any of the intellectual property of PUR-O-ZONE, Inc. or its suppliers without PUR-O-ZONE, Inc.'s express written permission.
3. Independent Contractors.
PUR-O-ZONE, Inc. and customer are independent contractors and not principal and agent. Nothing contained in these terms and conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Customer does not have the right to bind or otherwise obligate PUR-O-ZONE, Inc. in any manner, nor may customer represent to anyone that it has the right to do so.
4. Sourced Product.
PUR-O-ZONE, Inc. may procure product not available through the PUR-O-ZONE, Inc. catalog or available on purozone.com for a customer from other sources (“Sourced Product(s)”). Sourced Product is priced according to current market conditions on a per order basis, and is shipped F.O.B. origin with freight and handling fee paid by PUR-O-ZONE, Inc. and charged to customer. Sourced Product may not be returned without a Return Authorization Number issued by PUR-O-ZONE, Inc. PUR-O-ZONE, Inc., at its sole discretion, may withhold the issuance of such authorization. A restocking fee may apply for any returned Sourced Product. PUR-O-ZONE, INC.'S LIMITED WARRANTY TERMS INCLUDED IN THESE TERMS AND CONDITIONS DO NOT APPLY TO SOURCED PRODUCTS. THE PRODUCT WARRANTY PROVIDED BY THE MANUFACTURER AND/OR SUPPLIER WILL BE CUSTOMER'S SOLE REMEDY.
All product order cancellations, if not prohibited above, must be approved by PUR-O-ZONE, Inc., and may be denied or subject to restocking fees and other charges.
6. Product Return.
See Returns Policy.
7. Materials of Trade.
Customer represents that if it is purchasing products as its “materials of trade,” as defined in the Hazardous Materials Regulations in Title 49 of the Code of U.S. Federal Regulations, the products shall be used in direct support of its business, such business does not concern transportation, and such products shall not be resold or transported in a vehicle other than one owned by itself.
8. Force Majeure.
PUR-O-ZONE, Inc. 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 the reasonable control of PUR-O-ZONE, Inc. in the conduct of its business.
Customer shall not assign any order, or any interest therein, without the prior written consent of PUR-O-ZONE, Inc.. Any actual or attempted assignment without PUR-O-ZONE, Inc.'s prior written consent shall entitle PUR-O-ZONE, Inc. to cancel such order upon notice to customer.
10. No Third Party Benefit.
The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.
11. Waiver, Choice of Law and Venue.
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. All transactions shall be governed by the laws of the State of Kansas, excluding its conflict of law rules, and venue shall either be in the state courts in Douglas County, Kansas, or the federal courts for the District of Kansas.
If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.
13. Modification of Terms.
PUR-O-ZONE, Inc.’s acceptance of any order is subject to customer’s assent to all of the terms and conditions set forth herein, including the Return Policy on purozone.com. Customer's assent to these terms and conditions shall be presumed from customer's receipt of PUR-O-ZONE, Inc.’s acknowledgment, or from customer’s acceptance of all or any part of the products ordered. No additions or modifications of PUR-O-ZONE, Inc.’s terms and conditions by customer shall be binding upon PUR-O-ZONE, Inc., unless agreed to in writing by an authorized representative of PUR-O-ZONE, Inc. If a purchase order or other correspondence submitted by customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in PUR-O-ZONE, Inc.’s acknowledgment, PUR-O-ZONE, Inc.’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by customer, and will not constitute a waiver by PUR-O-ZONE, Inc. of any of the terms and conditions contained herein or in PUR-O-ZONE, Inc.’s acknowledgment.
14. Complete Agreement.
The terms and conditions in: (i) PUR-O-ZONE, Inc.’s forms; (ii) acknowledgments; (iii) quotations; (iv) invoices; (v) websites; (vi) catalogs; and (vii) extension of credit are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and PUR-O-ZONE, Inc.