Standard Terms of Sale. All sales are subject to the following terms and conditions:
1. Customer Acknowledgment. Customer acknowledges agreement with these Terms of Sale by the placement of an order to purchase a product from MosquitoControlEquipment.com The customer agrees that any dispute with MosquitoControlEquipment.com arising out of the Customer's purchase from MosquitoControlEquipment.com shall be brought by the customer exclusively in the state or federal courts situated in Denton County in the State of Texas and the customer hereby agrees that such venue is appropriate and that MosquitoControlEquipment.com agreement to sell and deliver products to the customer is dependent on this provision.
2. Purchase Price. Prices are listed in MosquitoControlEquipment.com's web site and are subject to change without notice. Prices for certain governmental, corporate, and institutional customers may be set forth in a bid or other written agreement between the parties. Payment is due prior to shipment, unless credit terms have been arranged in advance with MosquitoControlEquipment.com's Credit Department. In such case, payment terms shall be as set forth in the credit agreement. MosquitoControlEquipment.com collects sales and use taxes for sales made to residents of the State of Texas, unless the customer provides a Sales and use tax exception form to MosquitoControlEquipment.com prior to the sale. MosquitoControlEquipment.com shall not be liable for handling or customs charges for shipments outside the United States.
3. Shipping Terms. MosquitoControlEquipment.com will arrange payment for shipping with the carrier, but such costs are the responsibility of the customer. Risk of damage and loss is upon the customer once MosquitoControlEquipment.com delivers the product to the carrier. Delivery times are estimates only and MosquitoControlEquipment.com shall not be liable for delays.
4. International. Products sold by MosquitoControlEquipment.com , including equipment and software, may be exported from the United States only in accordance with the Export Administration regulations. Diversion contrary to United States law is prohibited. Customer warrants and represents that it is eligible to receive Products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher.
5. LIMITED MANUFACTURER'S WARRANTY. MosquitoControlEquipment.com warranties its product to be free from defects in material and craftsmanship for a period of one year from the date of purchase. MosquitoControlEquipment.com will, at its discretion, repair or replace any product determined to be defective at no charge. To make a claim for warrenty the Customer must contact MosquitoControlEquipment.com technical department to discuss the problem, and obtain a return authorization and instructions . No unauthorized returns will be accepted. The customer is responsible to adequately package and ship the suspected product to MosquitoControlEquipment.com for inspection freight prepaid and insured.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL MosquitoControlEquipment.com BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IS THE REPAIR OR REPLACEMENT OF THE PRODUCTS PURCHASED. IN NO EVENT SHALL MosquitoControlEquipment.com LIABILITY EXCEED THE REPAIR, REPLACEMENT OR COST OF THE SPECIFIC PRODUCT PURCHASED FROM MosquitoControlEquipment.com. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS MAY NOT APPLY. CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.
7. Returns. Nozzles, fittings, and accessories may be returned for refund within 30 days of purchase. Systems may be returned within 10 days of date of purchase. All products must be in new, unused condition, in their original packaging, shipped freight prepaid and insured to MosquitoControlEquipment.com. Return authorization and instructions must be given by MosquitoControlEquipment.com prior to returning any products. No unauthorized returns will be accepted. A 10% restocking charge will be accessed to cover inspection, testing and handling any returned products. Outgoing shipping charges will not be refunded. Refunds will be issued within 14 days of receipt.