Terms and Conditions of Sale
SURGESTORE.COM Terms & Conditions of Sale
Last Revised: September 24, 2018
SURGESTORE.COM, is hereinafter referred to as “SURGESTORE”. The purchasing customer or entity purchasing products from SURGESTORE pursuant to the terms and conditions of this proposal is hereinafter referred to as “Customer”.
PAYMENT – All orders must be paid in advance by methods approved by SURGESTORE. These methods include Visa, MasterCard, Discover, American Express and PayPal, but may change from time to time.
DELIVERY – SURGESTORE shall endeavor to deliver the orders of the Customer by the dates agreed to; however, the delivery date may be subject to change. SURGESTORE shall not be responsible or liable for any delay when such delay or failure is due to any cause beyond its control, such as, but not limited to, fire, flood, strike, other industrial disturbance, scarcity of labor or transportation, breakage of machinery, unavoidable accident, war, terrorism, riot, storm, earthquake, act of terrorism, explosion, embargo, inability to obtain materials, fuel or products, transportation controls, governmental action, or act of God. Additionally, a change in the order may affect delivery dates.
NOTICE - The Customer must give notice to SURGESTORE of any defects in the Goods or shortage in Goods shipped within ten (10) days after receipt of Goods by the Customer. SURGESTORE is not responsible for delays or damage after delivery of product after it leaves the warehouse. All claims for damages in transit should be made, by the Customer directly to the applicable common carrier. Failure to so notify SURGESTORE shall be deemed acceptance of the Goods.
SHIPPING AND RETURNS – SURGESTORE’S SHIPPING AND RETURN POLICY IS INCORPORATED INTO THIS AGREEMENT.
TAX – Customer agrees to be responsible for any and all sales or use tax, or any other governmental fee, levied against any product distributed by SURGESTORE under this Agreement.
FORBEARANCE - Customer agrees that any forbearance by SURGESTORE shall not constitute a waiver of any of the terms or conditions of this agreement.
LAW OF AGREEMENT – All questions, issues or disputes arising out of or under this contract shall be governed only by the laws of the State of Florida and is hereby agreed by the parties to be exclusively in the State of Florida at the Fifth Circuit Court Hernando County, Florida. If Federal jurisdiction is dictated by a competent court order, the same is hereby agreed by the parties to be exclusively in the Middle District of Florida located at the United States District Court, Tampa, Florida. In the event suit is commenced to enforce this agreement, costs of said suit, including reasonable attorney’s fees in all proceedings, trials, investigations, appearances, appeals, and in any bankruptcy proceeding or administrative proceeding shall be paid to the prevailing party by the other party.
ASSIGNMENT – This agreement cannot be assigned, transferred or pledged by Customer without written consent of SURGESTORE.
DISCLAIMER – NO PROMISES, PRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY SURGESTORE OR ARE TO BE RELIED UPON BY CUSTOMER, INCLUDING NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS OTHERWISE SPECIFICALLY DESCRIBED IN A WRITTEN WARRANTY DELIVERED BY SURGESTORE WITH THE GOODS. SURGESTORE AND ITS OFFICERS, DIRECTORS SHARHOLDERS AND EMPLOYEES ARE NOT LIABLE FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, ACTUAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR COSTS OR ATTORNEY’S FEES ARISING OUT OF OR OCCURRING AS A RESULT OF CUSTOMER’S ORDER, DELIVERY OR USE OF SURGESTORE PRODUCTS.
PRODUCT APPLICATION - SURGESTORE exercises no control over the Customer’s methods of application, use, directions for use or other aspects of the Customer’s business, and the Customer assumes all risks and liabilities associated with the use of Goods, whether used singularly or in combination with other products. Please verify the correct voltage and configuration of your panel before ordering. If you have questions, please contact our Customer Care Team between 8:00 AM and 5:00 PM Eastern Time before placing your order.
LIMITED LIABILITY – All technical advice or assistance rendered by SURGESTORE is solely intended for use by persons having technical skills and know-how regarding the use of the Goods. The Customer hereby acknowledges and agrees that (a) SURGESTORE assumes, and shall have, no obligation or liabilities with respect of such technical advice or assistance; (b) such technical advice or assistance shall be used by the Customer solely at its own discretion and risk and without reliance upon SURGESTORE’s skill or judgment, and (c) SURGESTORE assumes no responsibility for results obtained or damages resulting from such use.
PROPRIETARY RIGHTS - SURGESTORE expressly disclaims any warranty against U.S. Patent infringement by reason of the use of the product in combination with the use of any other product or technology. Unless otherwise specifically provided for in a written agreement, SURGESTORE shall be deemed the author of any and all documents prepared by SURGESTORE in connection with the design, manufacture or sale of the Goods to the Customer and SURGESTORE shall be deemed the owner of any and all rights and interests in and to such documents and the specifications, designs, drawings, data and information contained therein or used in the manufacture or sale of the Goods. The sale of the Goods to the Customer is not intended, and shall not be deemed, the sale, transfer or assignment of any rights or interests in or to such documents or the specifications, designs, drawings, data and information contained therein or used by the Company in connection with the design, manufacture or sale of the Goods. SURGESTORE hereby reserves any and all common law, statutory and other rights or interests in and to such documents and such specifications, designs, drawings, data and information. The Customer shall maintain in confidence, and shall not disclose or use for any purpose whatsoever, such documents or such specifications, designs, drawings, data and information. Upon request by SURGESTORE, the Customer will return all such documents, and copies thereof to SURGESTORE.