Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The following terms and conditions shall be a part of any contract of sale, which may be entered into between the Buyer and Seller. Any terms and conditions in Buyer's purchase order acknowledgement or any other writing pertaining to such order, irrespective of its wording or of when received by us, which are in conflict or inconsistent with or add to the terms and conditions hereof, will not be acceptable or become a part of any resulting contract without our express typed or handwritten consent. Neither acknowledgement nor return of a copy of Buyer's purchase order or other form, irrespective of its terms, nor the filing and shipment of such order, shall constitute acceptance of such conflicting, inconsistent or additional terms nor shall they in any way operate to modify or change the full effect of the terms and conditions herein.
Price and terms of payment
Prices of such products are published separately. The acceptance of orders is subject to the approval of our Credit Department. Unless otherwise specifically agreed upon in writing, our terms are net 30 days from date of invoice will all payments are to be made in Canadian funds. Prices are subject to change without notice at any time prior to shipment. Export order, unless otherwise specifically agreed upon in writing shall be payable in USA funds. Unless otherwise indicated no Sales, Use, Retailers, Occupations, Service Occupations, Service Use or other similar taxes are included in our prices. The amount of any such taxes, which are paid or payable, or assessed in connection with any order, shall be paid by the customer directly to the taxing authority. Interest will be charged at 2% on late accounts. Reasonable collections and attorneys fees will be assessed to all accounts placed for collection.
The time of delivery named by us is the date for shipping from our plant or warehouses. We will not be liable for delays in delivery caused by any reason beyond our control, including but not limited to acts of God, casualty, civil disturbance, labor disputes, transportation or supply difficulties, any interruption of our facilities, or act of any governmental authority and the time for delivery specified herein shall be extended during the continuance of such conditions and for a reasonable time thereafter. Examine a material closely before making claim for shortage as this material was checked before shipping. All claims for defect merchandise must be made within 5 days after receipt of goods. Make claims for breakage or damage in transit to carrier as we hold shipping receipt in good order. Claims for shortage or incorrect material must be made within 5 days of receipt of goods and accompanied by original packing sheet. Material returned for credit is subject to a 25% restocking charge and handling fee.
Unless otherwise agreed upon in writing, all shipments are F.O.B. our plant or warehouse from which material is shipped. We are not responsible for damage to or loss of products after delivery to the transportation company. If the customer should have a claim against the transportation company, however, we will cooperate in attempting to secure an adjustment when so requested. We will decide how to pack and, to ship unless specific instructions are given. When shipment from stock is indicated material is subject to prior sales.
Transfer of ownership
The Seller shall retain ownership of the product supplied until payment in full has been received by him. As the Seller retains ownership until the products are paid for, they may not be sold and Iconopower reserves product ownership even when transferred by original customer to another party securing his claim against the customer until full-payment is received.
Iconopower is the owner and retains full title and copyright privileges on any supplied design/application information which may be patentable, etc. even when provided to a third party. Any and all papers regarding same are to be returned upon request.
Premium rate services such as Overnight Express (Rail or Air) Air-freight, etc. will be utilized only when specified by customer. If prepayment is requested, our invoice will show an additional equal to the excess transportation charges. Unless otherwise requested in writing, goods shipped will be insured and the shipping and insurance charges will be added to the invoice.
Minimum order charge
There is a minimum order requirement of $100.
Any distributed product will be subject to our suppliers warranty and limited to cost of replacement. We warrant to our customers that all products manufactured by us will be free from defects in materials and workmanship at the time of shipment to our customer for a period of one year plus all products are designated as prototypes will not be warranted, all warrant and non-warranty issues will be serviced at our published service rate from the date of shipment. All warranty claims must be submitted to us within sixty (60) days of discovery of defects within the warranty period, or shall be deemed waived. On our request, alleged defective product shall be returned to us for evaluation, along with details regarding the application in which they were used. As to products or parts thereof which we find to have been defective at the time of shipment our sole responsibility there under shall be to furnish the replacements for such defective products or parts without charge, F.O.B. our facility. This warranty shall not apply to any product which has been subject to misuse; misapplication; neglect (including but not limited to improper maintenance and storage); accident, improper installation, modification (inducing but not limited to use of unauthorized parts of attachments), adjustment or repair, identifiable items manufactured by others but installed in or affixed to our products are not warranted by us but bear only the express warranty, if any, of the manufacturers thereof. The foregoing is in lieu of all other warranties, whether express, implied or statutory, including those of merchantability and fitness of any product of a particular purpose, and of any other obligation or liability on our part of any kind of nature whatsoever. No representative of ours has any authority to waive, alter, vary or add to the terms hereof without prior approval in writing signed by an officer of our company. It is expressly understood that our liability for our products, whether in contact or in fact, is limited to the repair or replacement of the products, or the parts thereof.
We will not be liable for any other injury, loss, damage or expense, whether direct or consequential, including but not limited to loss of use, income, profit or production or increased cost of operation, or spoilage of or damage to material arising in connection with the sale, installation, use of inability, or the repair or replacement of the product. If the product is deemed not to have been defective at the time of shipment and therefore no Iconopowers' liability, the repairs will be completed with the customers' consent, in accordance with an agreed upon price.
Boxing and cartage
Cost of special boxing, export boxing, cartage to steamer or transfer expenses will be added to the invoice, unless such charges are shown to be included in the prices quoted.
Designs, dimensions and weights
Because we are constantly improving our products, the designs, dimensions, and weights shown in our published information, while sufficiently accurate for most purposes are subject to variation. If extreme accuracy is required, additional information and certification will be provided upon request after receipt of order.
No goods will be accepted for return unless authorized by us, and after an R.M.A. has been issued.
If a quotation provides for products to be custom made for special applications, the quoted price is applicable only where correct tolerance requirements are provided by the customer by print or sample part. We have the right to terminate such orders without obligation to either party if, in our opinion, it is not possible to meet the required specifications, if changes in fabrication or design are required by reason of incorrect tolerances furnished or deviation from prints or samples submitted. The cost of such changes shall be at the customer's expense and shall be added to the quoted price.
Suspension or cancellation of order may be made only upon written approval and on terms that will indemnify us against all loss.
Orders shall not be deemed accepted until approved in writing at our plant. Seller reserves the right to refuse any order.
These terms and conditions are subject to change without notice. Unless otherwise stated, a quotation is valid only for a period of 30 days.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Iconopower Ltd.. The collective work includes works that are licensed to Iconopower Ltd.. Copyright 2003, Iconopower Ltd. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Iconopower Ltd. or purchasing Iconopower Ltd. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Iconopower Ltd. or to purchase Iconopower Ltd. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Iconopower Ltd.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Iconopower Ltd. used in the site are trademarks or registered trademarks of Iconopower Ltd.
In the event that a Iconopower Ltd. product is mistakenly listed at an incorrect price, Iconopower Ltd. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Iconopower Ltd. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Iconopower Ltd. shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Iconopower Ltd. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Iconopower Ltd. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Iconopower Ltd...
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Iconopower Ltd. products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Iconopower Ltd. products) must be commenced within one (1) year after the claim or cause of action arises. Iconopower Ltd.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Iconopower Ltd. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Iconopower Ltd. or other licensed employee, host, or representative, as wellas other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Iconopower Ltd. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Iconopower Ltd. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Iconopower Ltd. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Iconopower Ltd. in its sole discretion.
You agree to indemnify, defend, and hold harmless Iconopower Ltd., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Iconopower Ltd. may link to sites operated by third parties. However, even if the third party is affiliated with Iconopower Ltd., Iconopower Ltd. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Iconopower Ltd.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Iconopower Ltd. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).