TERMS of USE
Welcome to the Presentusa.com web site (the "Site"). BEFORE YOU CAN USE THE SITE, YOU MUST READ, UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, ALL POLICIES AND TERMS INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. By using this Site, you signify your acceptance of these Terms of Use. If you do not agree with any part of the following Terms of Use, you must not use this Site.
PRESENT USA Company dba Presentusa.com ("Presentusa.com") reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site.
These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Presentusa.com for other products or services.
Questions or comments about the Site or its contents should be directed to info@presentusa.com
1. INCORPORATED POLICIES OR TERMS
1.1 Privacy Policy: Presentusa.com believes strongly in protecting user privacy and providing you notice of Presentusa.com's collection and use data, including personal information, collected from the Site. Therefore, Presentusa.com has adopted a Privacy Policy that you should refer to fully understand how Presentusa.com uses and collects information.
1.2 Terms of Sale: All orders placed via the Site are governed by Presentusa.com's Terms of Sale. You should refer to our Terms of Sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale, including the disclaimers and limitations of liability therein. The Terms of Sale are subject to change without prior notice at any time, in Presentusa.com's sole discretion so you should review the Terms of Sale each time you make a purchase.
1.3 News Terms of Use (User Agreement)
1. By downloading, copying, reproducing, redistributing, printing, or using material owned by Presentusa.com and specifically made available on the Presentusa.com website, you signify your acceptance of this User Agreement and agree to all Terms of Use in this User Agreement.
2. “Material” means works whether written, graphical, photographical, visual, audio, and any subject matter owned by Presentusa.com that appears or has been implemented in the News Section on the Presentusa.com website.
3. As is the case with all material on the Presentusa.com website, material located in the Presentusa.com News Section is protected by copyright.
4. Permission (“Permission”) to use Presentusa.com’s News material is granted conditionally as set out in the News Conditions of Use.
5. Nothing in the granting of this Permission constitutes an irrevocable privilege or right on the part of the user.
6. Presentusa.com reserves the right to revoke permission to use any of its copyrighted materials in the event that Presentusa.com determines that the user of the copyrighted material has abused the privilege to use the material in the manner set out in the conditions of use.
7. The user of the copyrighted material upon notice from Presentusa.com shall immediately cease and desist from using the material, and if the material is displayed on a website, promptly remove the material from the website without undue delay.
1.4 Copyright & Disclaimer: The information in these Web pages is intended for U.S. businesses or their customers only and is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. In no event shall Presentusa.com be liable to any person for any special, indirect or consequential damages relating to this or use of these materials.
Any issues involving this site shall be governed by the laws of the state of Pennsylvania and anybody using this site agrees that any lawsuit shall be litigated in state or federal court in Pennsylvania.
Product categories and classifications such as Granite, Marble, Travertine, Limestone, Quartzite, etc. are based on generally accepted industry acceptance. They do not necessarily reflect the geological composition of the material. In many cases, these materials are technically made of a different geological makeup. For example, many stones are commonly known as granites, but geologically, they are actually Charnockites, Polimitic Mataconglomerates, and any of other various different geological stones. In addition, many stones commonly referred to as marble are geologically limestone. Products shown on Presentusa.com's website reflect the industry classification of products and do not necessarily reflect the geological composition. Presentusa.com makes no guarantee or representation of the geological composition of any stone. In addition, the category reflected on our website, should not necessarily be used for customs classification. If the geological composition is important, we suggest getting the product tested by a scientific laboratory.
All prices shown are Wholesale Price or special negotiated prices with each customer and does not include destination and handling charges. Price excludes license, registration, taxes and options. Prices are subject to change. Actual prices may vary and are determined by Presentusa.com. Check with your Presentusa.com sales person for complete accuracy of information, availability and delivery charges.
2. COPYRIGHT
All copyrighted and copyrightable materials on this Site, including, without limitation, the Presentusa.com logo, design, text, graphics, pictures, and other files, and the selection and arrangement ("Materials") thereof are the property of Presentusa.com, ALL RIGHTS RESERVED Copyright © 20237 Presentusa.com and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Presentusa.com or the respective copyright owner.
3. CUSTOMER ACCOUNT OBLIGATIONS
After you have accepted these Terms of Use, you may open a customer account under the Account Registry section of the Site (the "Customer Account"). As part of the registration, the person who opens the Account on the Site (the "Administrator") may choose to provide to us the information of other users who are authorized to perform certain functions on the Administrator's behalf through the Account ("Authorized Users"). The Administrator shall specifically select which functions each Authorized User has the authority to perform via the Site.
Authorized Users can access the Site using their own personal passwords, but can only perform the selected functions on the Administrator's behalf. At any time, an Administrator may change an Authorized User's personal password to prevent his or her access to the Site, limit the Authorized User's authority to perform certain functions on behalf of the member, or otherwise change, add or delete Authorized Users. If an Authorized User is no longer authorized to act on your behalf, the Administrator is responsible for using these security procedures that we have made available to you to terminate or limit the Authorized User's access to the Site.
You will receive a password and account designation when you have completed the Account information. If you are the Administrator of your Account, in consideration of your use of the Site, you agree:
(a) to provide true, accurate, current and complete information about yourself and/or the company that you represent, including but not limited to information about any and all Authorized Users; including any special circumstances or restrictions that apply to each Authorized User;
(b) that you represent and warrant that you have the capacity and authority to execute agreements and place orders for Presentusa.com products and services on behalf of you or your company;
(c) that an order placed by you or an Authorized User through the Site is the equivalent of a signed purchase order, and you hereby waive any future challenge to the validity and enforceability of any order submitted via the Site on the grounds that it was electronically transmitted and authorized;
(d) that you are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, incurred in order to use the Site;
(e) that you (and your company, if applicable) are fully responsible for all activities that occur under your password or Account, and accept all liability for any acts or omissions of your Authorized Users arising out of their use of the Site, even if such acts or omissions are not specifically authorized by you;
(f) to immediately notify us of any unauthorized use of your password or Account or any other breach of security; and
(g) that you are fully responsible for managing your Account, including but not limited to:
(i) maintaining the confidentiality of passwords and/or any Account information;
(ii) maintaining and promptly updating the Account information to keep it true, accurate, current and complete;
(iii) ensuring that any Authorized User is has the capacity and authority to perform the functions that they have been authorized by you to perform on behalf of you or your company; and
(iv) terminate or limit any Authorized User's access to the Site if any Authorized User is no longer authorized to act or perform certain functions on your behalf.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse any and all current and future use of the Site by you. Account information and certain other information about you is subject to our Privacy Policy . For more information, please see our Privacy Policy.
4. OWNERSHIP OF TECHNOLOGY
Presentusa.com has an automated shipment software that provides buyers with "real-time" on-line quotes for various methods of shipments on all transportation costs from various distribution centers to chosen destinations (the "Technology"). You acknowledge that Presentusa.com owns all right, title and interest in and to the Technology that enables you to use this Site as a comprehensive on-line destination for one-stop shopping in the building industry. All content included on this Site is the property of Presentusa.com, and/or its various third party providers and distributors and is protected under the intellectual property laws of the United States and other countries. None of the content found on this Site may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Presentusa.com and/or its third party providers and distributors.
5. TRADEMARKS AND SERVICE MARKS
Presentusa.com, the Presentusa.com logo, and the products and services described in this Site, including without limitation, "Presentusa.com", are either trademarks, service marks or registered trademarks of Presentusa.com and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Presentusa.com or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Presentusa.com, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Presentusa.com. All other trademarks, registered trademarks, product names and Presentusa.com names or logos mentioned herein are the property of their respective owners.
6. USE OF SITE
Presentusa.com grants you a limited license to use this Site, including the Technology, to make legitimate orders and purchases and shall not use this Site and/or the Technology for any other purposes, including without limitation, to make any speculative, false or fraudulent order or any order in anticipation of demand. Such grant does not include, without limitation: (a) any resale or commercial use of the Site and/or the Technology or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and/or the Technology and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Presentusa.com or any third party.
This Site and the content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Presentusa.com, except that you may download, display and print the materials presented on this Site for the licensed purposes only; provided that, you may not, without the permission of Presentusa.com or the respective copyright owner, (a) copy, publish, or post any materials on any web site, computer network or broadcast or publications media, (b) modify the materials, and (c) remove or alter any copyright, trademark and other proprietary notices contained in the materials. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.
You may not use, frame or utilize framing techniques to enclose any Presentusa.com trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Presentusa.com's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Presentusa.com name, trademark, or product name without Presentusa.com's express written consent.
7. AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information. Presentusa.com reserves the right, in its sole discretion, to not accept an order.
8. TERMINATION
You agree that Presentusa.com, in its sole discretion, may terminate your or any Authorized User's password, account or use of the Site, or restrict your or any Authorized User's access to any component of this Site, for any reason, including without limitation, for lack of use or if Presentusa.com believes that you or any Authorized User has violated or acted inconsistently with the Terms of Use or applicable laws or regulations. Presentusa.com may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of access to the Site under any provision of the Terms of Use may be effected without notice, and acknowledge and agree that Presentusa.com may immediately deactivate or delete your Account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Presentusa.com shall not be liable to you or any third party for any termination or restriction of access to the Site.
9. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY Presentusa.com TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE. Presentusa.com MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE Presentusa.com SITE, ITS OPERATION, CONTENTS, INFORMATION, MATERIALS OR YEAR 2000 COMPLIANCE.
Presentusa.com EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
10. LIMITATION OF LIABILITY
YOU AGREE THAT Presentusa.com, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, ACCESS TO OR USE OF THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY, IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Presentusa.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Presentusa.com (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED US $100.00 OR THE COMPENSATION YOU PAID Presentusa.com, WHICHEVER IS LESS.
Certain 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 to you, and you may have additional rights to those contained herein.
11. INDEMNIFICATION
You shall indemnify, defend and hold harmless Presentusa.com and its officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use or any of your Authorized Users' use of this Site, including but not limited any violation by you or any Authorized User of the Terms of Use. Presentusa.com reserves the right, to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations.
12. LINKS
This Site may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Presentusa.com of the linked web site or information contained therein. Presentusa.com shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
13. RELATIONSHIP
The relationship between Presentusa.com and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this Agreement or use of this Site.
14. GOVERNING LAW
This Agreement and its performance shall be governed by the laws of the State of Pennsylvania,United States without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the State of Pennsylvania,United States, in all disputes arising out of or relating to the use of this Site and this Agreement.
15. ASSIGNMENT
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
16. SEVERABILITY
These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
17. HEADINGS
The heading used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.
18. ENTIRE AGREEMENT
These Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
Terms of Sale
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
This Agreement contains the terms and conditions that apply to customers for purchases from presentusa.com which is a wholly owned subsidiary of PRESENT USA Company, a company registered in the state of PA, (hereinafter referred to as “Presentusa.com”) and the Presentusa.com entity named on the invoice that will be provided to you (“Customer”) on orders for products sold. Customer agrees to be bound by and accepts this Agreement as applicable to Customer’s purchase of product(s) from Presentusa.com, and/or the Presentusa.com Internet Website hereinafter named the “Site.” As a condition of sale, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions apply (i) unless Customer has signed a separate formal purchase Agreement with Presentusa.com, in which case the separate Agreement shall govern; or (ii) unless other Presentusa.com standard terms apply to the transaction as noted herein or elsewhere. These terms and conditions are subject to change without prior written notice at any time, in Presentusa.com’s sole discretion.
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE IS INCLUDED IN YOUR ACCEPTANCE OF THE TERMS AND USE OF THIS WEBSITE.
1. ORDER ACCEPTANCE POLICY
Customer’s receipt of an electronic or other form of order confirmation does not signify Presentusa.com’s acceptance of Customer’s order, nor does it constitute confirmation of Presentusa.com’s offer to sell. All orders are accepted in State of Pennsylvania, United States. Presentusa.com reserves the right at any time after receipt of Customer’s order to accept or decline Customer’s order for reasonable cause including but not limited to lack of availability of products, failure by Customer to satisfy payment terms, and/or breach by Customer of this Agreement. If payment has been remitted for the purchase and Presentusa.com cancels Customer’s order, Presentusa.com shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.
2. PAYMENT TERMS
Terms of payment are within Presentusa.com’s sole discretion and unless otherwise agreed to by Presentusa.com, payment must be received or otherwise authorized or secured in a form approved by Presentusa.com prior to Presentusa.com’s acceptance of an order. Payment for the products will be made by approved credit card, wire transfer, electronic funds transfer or some other prearranged payment method agreed to by Presentusa.com. Invoices are due and payable by the payment date(s) specified through electronic (including but not limited to e-mail), facsimile (fax) and/or verbal confirmation between Presentusa.com and the customer. Presentusa.com may invoice parts of an order separately. Orders are not binding upon Presentusa.com until accepted by Presentusa.com (see Order Acceptance Policy). Any quotations given by Presentusa.com will be valid for the period stated on the quotation. Presentusa.com reserves the right to adjust or cancel quotations as required.
3. SHIPPING
Shipping is done to the address as on the order and no change is allowed once the order is placed on the website. Customer is responsible for all costs related to shipping product to the location specified by Customer. It is Customer’s responsibility to provide contact information that allows the shipper to contact Customer when the shipment is made. Shipping rates are for standard pick-up and delivery only. Additional storage and/or shipping charges and other warehouse charges may apply if Customer cannot be contacted, or is not available, to receive product; or if product is redirected upon Customer’s request. If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from Presentusa.com’s suppliers, Presentusa.com shall have the right to refuse, adjust, or cancel any orders placed whether or not the order has been confirmed or whether or not payment has been remitted. All UPS / FedEx Small Package deliveries are sent out 'Deliver without Signature'. Customer is responsible for inspecting freight for shortages or signs of damage upon receipt of goods. All freight, loss, and damage claims must be filed with Presentusa.com within 24 hours from the time the shipment was delivered. (see 9. “Limitations on Damages”). Presentusa.com shall not be liable for special or consequential damages or for any damages arising out of or caused by: (1) Delay, (2) Acts of God or the public enemy, (3) The Authority of the law, (4) Strikes, riots or quarantine, (5) The inherent nature or vice of the goods transported. In the unlikely case that goods are damaged, Presentusa.com will arrange to either re-ship product (at the company’s expense) or provide to the customer a compensation credit for the value of the goods damaged. The Shipping rates shown are not Guaranteed Date Delivery Rates and should not be assumed to be the same. All delivery dates given and shown are Approx and can change based on prevailing circumstances.
4. TAXES
Customer is responsible for all sales, use, excise, value-added and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges. If applicable, a separate charge for such items will be shown on Presentusa.com’s invoice. By default Presentusa.com charges you sales tax for the state of Pennsylvania.
5. TITLE RISK OF LOSS
Title to product passes from Presentusa.com to Customer upon physical shipment of product to Customer by Presentusa.com, unless otherwise stated in terms of purchase (e.g. Letter of Credit). Customer assumes responsibility for the loss or damage during transit regardless of the carrier.
6. WARRANTIES
Presentusa.com doesn’t provide any other warranties than the product warranties provided by the manufacturer. Presentusa.com doesn’t provide warranties once the product is installed. All product warranty claims, such as tile finish quality, have to be send to info@presentusa.com prior to starting the installation, and no later than 14 days after the day your order was delivered.
7. PROMOTIONS
Presentusa.com, at its discretion, may run special promotions including but not limited to price reductions from time to time. Any promotional offers are only valid on the orders placed and paid for during the advertised period of such promotions, and will not be honored on past purchases that have been shipped prior to the Promotion or on any future orders where a delayed shipping is required. If for any reason other than the Customer's request, Presentusa.com is not able to ship an order and an item goes on a Special Promotion before shipping, the Customer may request Presentusa.com to apply the Promotion on that order. Presentusa.com, at any time, may cancel any Promotion at its discretion.
8. DISCLAIMER
Presentusa.com EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Presentusa.com ALSO DISCLAIMS ANY IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. Presentusa.com DOES NOT WARRANT THAT THE PRODUCT(S) WILL BE ERROR-FREE, OR WARRANT THAT EACH DEFECT WILL BE CORRECTED. Presentusa.com DOES NOT WARRANT THAT ALL PRODUCTS COMPLY WITH SPECIFIC GEOGRAPHICAL COMPLIANCE OR REGULATORY RESTRICTIONS. IT IS CUSTOMER’S RESPONSIBILITY TO ENSURE THAT USE OF PRODUCTS PURCHASED COMPLIES WITH LOCAL JURISDICTION CODES AND WITH ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS. Presentusa.com FURTHER DISCLAIMS ANY PATENT/INTELLECTUAL PROPERTY RIGHTS, WARRANTIES OR INDEMNITIES WITH RESPECT TO ANY LOCKING/CONNECTING SYSTEM(S) USED BY MANUFACTURERS OF LAMINATE, ENGINEERED WOOD, OR OTHER PRODUCTS SOLD BY Presentusa.com.
9. LIMITATION ON DAMAGES
Presentusa.com DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. Presentusa.com WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF REVENUE OR OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF THEY WERE FORESEEABLE OR IF Presentusa.com WAS ADVISED OF THE POTENTIAL OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, Presentusa.com IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF ACTION (I.E. WHETHER THE LAWSUIT IS IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE).
10. Processed Orders
Our order processing process starts the minute you finalize your order on our website, or submit your payment through alternative methods. Cancellation of orders is possible up to 12 hours after placing your order, but as the order already incurred costs, we charge 15% fee to stock it back in. We recommend you to plan and give ample time for the order to be delivered before your scheduled installation. Please do get samples in advance to avoid such situations.
12. MOSAIC TILE DISCLAIMER
Mosaic Tile products inherently lack uniformity and are subject to variation in color, shade, finish, etc. Shade variation is guaranteed in all Mosaic Tile products, and because these products are natural and not manufactured, no two pieces of Mosaic Tile are exactly alike. All sales for any Mosaic Tile on this website will assume your acceptance for the same. If however you have a specific shade criteria, we recommend you not to get the tiles shipped. Instead you should select the warehouse pickup option and assure yourself about the color variation before we ship this out.
13. No Open Box Policy
We follow a 'No Open Box Policy' which means for all products, we will not break open boxes to ship loose pieces. All orders need to be in multiples of the tiles per box, to make up to the next full box. In case this is not followed at the time of ordering the tile, we will have the right to do so. In this situation we reserve the right to charge the customer for the increased quantity / or refund in case the quantity is reduced, as the case may be.
14. CURRENCY
All references to monetary amounts, including prices, on the Presentusa.com Website (the “Site”) and in this Agreement shall be in U.S. currency.
15. GOVERNING LAW
This Agreement and any sales thereunder shall be governed by the laws of The Commonwealth Of Pennsylvania and the federal laws of the United States applicable therein, without regard to conflict of laws rules. Presentusa.com and Customer exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement. The Site (excluding linked Web sites) is controlled by Presentusa.com from its offices within Pennsylvania, United States. The Site can be accessed from all states of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Pennsylvania State, United States, by accessing the Site, the user agrees that all matters relating to access to, or use of, the Site, or any other hyperlinked Web site, shall be governed by the laws of the Pennsylvania State and the federal laws of the United States applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of Pennsylvania and acknowledges that the user does so voluntarily and is responsible for complying with local laws.
16. ARBITRATION
All disputes arising out of or in connection with this Agreement shall be referred to and finally resolved by a single arbitrator (the “Arbitrator”) pursuant to the Commercial Arbitration Act, R.S.B.C. 1996, c. 55, as amended. The decision of the Arbitrator on all issues or matters submitted to the Arbitrator for resolution shall be conclusive, final and binding on all of the parties. The Arbitrator shall determine who shall bear the costs of arbitration pursuant to this section 12.
17. OTHER DOCUMENTS
Other than as specifically provided in any separate formal purchase Agreement between Customer and Presentusa.com, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written Agreement signed by both Customer and Presentusa.com.
18. TERMS OF USE
Your access to, and use of the Site is governed by Presentusa.com’s Terms of Use. By using this Site, you signify your acceptance without modification of these Terms of Use. The Terms of Use are subject to change without prior notice at any time, in Presentusa.com’s sole discretion so you should frequently review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. In the event of any inconsistency between this Agreement and the Terms of Use, the terms of this Agreement shall prevail.
19. HEADINGS
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.