TERMS AND CONDITIONS OF SALE Veeco Sales, Inc.
Thank you for choosing Veeco. We back our products with VEECOS standard warranty which covers all parts and labor for one year from date of purchase. If product cannot be repaired, VEECO will replace your product with one of equal or greater value within 7-10 business days from in-stock inventory. If the product is not in stock you will be notified of the arrival date of your product.
Please read these terms and conditions of sale very carefully.
The terms and conditions of sale are limited to those contained herein. Any additional or different terms in any form delivered by customer are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given.
All online transactions and sales are sold through Veeco Sales, Inc.
By accepting delivery of the products and services described in Veeco Sales' invoice or other Veeco Sales, Inc. documentation, customer agrees to be bound by and accept these terms and conditions of sale unless customer and Veeco Sales, Inc. have signed a separate agreement, in which case the separate agreement will govern.
PLEASE NOTE: Veeco Manufacturing guarantees all shipments to be carefully packed. However, we cannot guarantee safe delivery, and all damage claims must be made to the carrier. Shipments should be thoroughly inspected immediately upon delivery, and any damage and/or shortage should be noted on the Bill of Lading/delivery receipt. All such claims (except for shampoo bowls) are waived unless made by the buyer in writing within 5 business days after receipt of merchandise (3 business days for concealed damage). All freight claims regarding shampoo bowls must be made within 24 hours. Also, please be aware that you will need an inspection report to support any such claim. DO NOT throw out any packaging materials. It is also strongly advisable that you immediately photograph any damages.
Please be advised that all shipments are delivered "tailgate" only (delivery is made to the tail end of the truck) unless specifically noted otherwise on your original order. Deliveries requiring additional services (i.e. lift gate, call before shipping, call before delivery, inside delivery MUST be noted accordingly on the original order. Neither unpacking and/or installation of your equipment nor disposal of packing materials is available unless special arrangements have been made prior to signing your order. If additional shipping or delivery services are required/requested at time of delivery, your credit card will be charged automatically.
If, for any reason, you are unable to inspect your merchandise immediately, it is strongly advisable to sign the Bill of Lading/delivery receipt "subject to inspection." However, we cannot guarantee that the freight company will honor any claims made after the above mentioned time frames.
Important Information About these Terms and Conditions of Sale
These terms and conditions of sale constitute a binding contract between Customer and VEECO SALES, INC. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on VEECO SALES' Website (the "Site"). These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between Customer and VEECO SALES, INC. relating to the terms and conditions of sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the terms and conditions of sale contained herein and in VEECO SALES' invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions of sale or any purchase order or invoice related thereto.
These terms and conditions of sale and any sale hereunder will be governed by the laws of the state of Illinois, without regard to conflicts of laws rules. Any arbitration, enforcement of an arbitration or litigation will be brought in Cook county, Illinois and customer consents to the jurisdiction of the federal and state courts located in Cook county, Illinois and submits to the jurisdiction thereof and waives the right to change venue. Customer further consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding.
Title; Risk of Loss
If Customer provides VEECO SALES, INC. with Customer's carrier account number or selects a carrier other than a carrier that regularly ships for VEECO SALES, INC., title to products and risk of loss or damage during shipment passes from VEECO SALES, INC. to Customer upon shipment from VEECO SALES' facility. For all other shipments, title to products and risk of loss or damage during shipment passes from VEECO SALES, INC. to Customer upon receipt by Customer. VEECO SALES, INC. retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
Veeco Manufacturing, Inc. guarantees for one full year all Veeco manufactured products against factory defects. All dryer motors and faucets are guaranteed for two years. All Veeco hydraulic pumps come with a full 5 year warranty. Parts, labor, and shipping costs will be covered by Veeco within the first 30 days of delivery on defective products only; Within 90 days, Veeco will pick-up products and repair at the Vendors cost; Defective products within 1-year will be shipped by the customer to the Vendor, who will repair and ship back the product to the client.
Products manufactured by other companies but sold on our website are subject to the individual manufacturers conditions and warranties as posted in the Resources section of our website.
If Customer receives damaged products; please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original packaging and notify VEECO SALES, INC. immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify VEECO SALES, INC. Customer Relations at email@example.com of damaged products WITHIN THE FIRST 5 DAYS of receipt (3 days for concealed damage). Timely receipt of this information is necessary for VEECO SALES, INC. to file a damage claim.
Cancellation of any web order must be made in writing within 5 days and must include order number, date of order, billing and shipping name and address.
All AR, GXP, VXP and STG items may be shipped immediately. In the event that your order is shipped before we receive your cancellation, a 20% restocking fee will be charged to the credit card used for your order.
Returns will incur a 20% restocking fee on stock merchandise only, upon prior approval.
If your merchandise has been received, please submit a written cancellation notice within 5 days AND call our shipping department at 312.666.0900 to notify them of your refund request; please be sure to include the following information: order number, date of order, billing and shipping name and address. You may send this written request to firstname.lastname@example.org. A 20% restocking fee will be charged to the credit card used for your order.
The cost of shipping a returned product is the responsibility of the buyer.
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details.
56K modems are capable of 56Kbps downloads; however, current regulations limit download speed to 53Kbps.
Pricing Information; Availability Disclaimer
All pricing is subject to change. VEECO SALES, INC. reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability and errors in advertisements. All orders are subject to product availability. Therefore, VEECO SALES, INC. cannot guarantee that it will be able to fulfill Customer's orders.
Limitation of Liability
Neither Veeco Sales, Inc. nor its affiliates or staff will be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. Neither Veeco Sales, Inc. nor its affiliates will be liable for products not being available for use or the provision of services by third parties. Customer agrees that for any liability related to the purchase of products or services provided directly by Veeco Sales, Inc. or its affiliates, neither Veeco Sales, Inc. nor its affiliates are liable or responsible for any amount of damages above the dollar amount paid by customer for the product(s) or service(s) giving rise to the claim.
VEECO SALES, INC. will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
VEECO SALES, INC. will not be held responsible for conformance to the purchasers local codes, inspections, or ordinances.
Veeco Express items usually ship in 10-14 business days. Items beginning with the prefix "STG" or "VXP" are considered "STOCK MERCHANDISE". Chairs are available in either Black or as specified in item description (some exceptions may apply please read carefully). cabinetry is available in black only, unless specified. "STG" cabinetry is available in Pyrenees Marble and Amber Pearwood or as pictured. Selecting a different color will likely postpone your order approximately 8-12 weeks and will incur a significant up charge. Please see ordering information for further details. VEECO SALES, INC. is not responsible for delays in temporarily "out of stock" items.
TERMS AND CONDITIONS
The SELLER hereby assigns to the BUYER those warranties provided by the manufacturer of the goods being purchased hereunder. The only remedies for a breach of such warranty shall be those remedies specifically provided by the manufacturer of the goods with respect to which such warranty applies. The BUYER hereby agrees to look solely to the manufacturer of the goods for performance, and/or implementation, of the remedies provided by the manufacturer for the breach of such warranties.
The warranty(s) from the manufacturer is exclusive and no other warranty, whether written or oral, is expressed or implied, seller specifically disclaims the implied warranty of merchantability or fitness for a particular purpose or use.
DISCLAIMER OF DAMAGES
The remedies provided herein are BUYER'S sole and exclusive remedies and in no event shall SELLER be liable for direct, indirect, special, incidental, or consequential damages (including loss of profits) whether based on contract, tort, or any other legal theory.
USED FURNITURE AND EQUIPMENT/FLOOR SAMPLES
ALL USED FURNITURE AND EQUIPMENT IS SOLD "AS IS" AND WITHOUT ANY WARRANTIES WHATSOEVER. ALL DEPOSITS SHALL BE FORFEITED IF BUYER CHANGES THEIR MIND.
Cancellations or changes cannot be accepted after an order has been put into production, cover has been cut, or the frame has been produced. The order must be shipped upon completion. If there is a delay in shipment, storage charges will apply. Balance due in full upon completion.
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products or services sold pursuant to these terms and conditions of sale, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, the relationships which result from these terms and conditions of sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or VEECO SALES' advertising and marketing (collectively, a "Claim") will be resolved, upon the election of Veeco Sales, Inc., customer or third parties involved, exclusively and finally by binding arbitration. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association, with offices in Chicago, Illinois. If arbitration is chosen by any party with respect to a Claim, neither VEECO SALES, INC. nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. 1-16). The arbitration will take place in Chicago, Illinois. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to VEECO SALES, INC. arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.
Acceptance of Orders
The purchaser agrees that the above prices and specifications are satisfactory and hereby accepted and that the credit card information above is true and accurate. Your signature below gives VEECO SALES, INC. the right to use your credit card for this and additional payments to your order. If a custom drawing is attached to this order, please inspect it carefully. Your sales associate may indicate color placement, electrical outlets, plumbing, phone lines, etc., but cannot be responsible for incorrect placement. Cancellations are not allowed after five (5) business days of acceptance of this order and must be in writing.
The full balance is due with this order for all VEECO manufactured items. The balance is due prior to shipping. On all non-VEECO manufactured products and web orders, payment in full is required with this order. Orders not shipped within 45 days of completion will be subject to storage fees. Orders not shipped within 90 days of completion will be cancelled and deposit forfeited. All items are shipped prepaid; shipping has been added to your order. Customer is responsible for setup. All deliveries are tailgate. If you require "inside delivery" please notify our shipping department BEFORE your order is shipped. An additional charge will be added to this bill. Any changes to this order will be subject to extra charges at the discretion of VEECO SALES, INC. All orders subject to approval by VEECO.