Last updated: May 15, 2018
Please read these Terms and Conditions ("Terms", "Terms and Conditions”) carefully before using the lavi.com website (the "Service") operated by Lavi Industries ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
TERMS OF PAYMENTS
- A late charge of 1.5% per month (18% per annum) is charged on all past due balances. Collection expense or attorney’s fees will be added if an attorney is employed.
- All prices are F.O.B. Valencia, California, freight collect or prepaid and add. Delivery to carrier at point of origin shall constitute delivery to the buyer. Seller shall attempt to comply with but will not guarantee requested shipping date. Switching services or other special transportation or delivery services must be paid by the Buyer.
- Bills will be dated the day of the shipment. On accounts not paid within 30 days from the end of the month in which bills are rendered, 1 ½% interest per month will be charged beginning on the first of the month following the date on which payment is due. Should failure to pay result in legal proceedings; reasonable legal and attorney’s fees will be at the Buyer’s expense.
RETURNS
- No returns will be accepted unless pre-authorized and within 60 days from invoice date. Materials must be in saleable condition, in the original packaging, and will be subject to a re-stocking charge.
CLAIMS
- All freight claims must be made directly with the freight company. We will assist with any supporting documentation required.
- All products manufactured by Seller are inspected before shipment. However, should any such products supplied hereunder be defective in material or workmanship, Buyer shall notify Seller within 30 days of occurrence and Seller shall repair or replace the defective products without cost to buyer or at Seller’s option, repay the purchase price upon return of the defective products. Seller will be given reasonable opportunity to investigate all claims. Seller will not be liable for products subjected to abuse or unintended use. Products may not be returned by Buyer to Seller until after receipt by Buyer of definite shipping instructions from Seller. The aforesaid obligation of Seller to repair or replace defective products or, at Seller’s option, to repay the purchase price shall be the limit of Seller’s liability and Buyer’s exclusive remedy. There are no warranties either express or implied which extend beyond the description herein. There is no implied warranty of merchantability. Seller shall in no event be liable for any incidental or consequential damages, losses or expenses for breach of warranty or for negligence. The advice of the Technical Staff of Seller is available to the trade, but Seller, not controlling or supervising subsequent manufacture, fabrication or installation of its products or their use after sale does not warranty or guarantee such advice.
- Seller will not be liable for any delay or failure in performance of orders or in the delivery or shipment of products, or for any damages suffered by Buyer by reason of such delay or failure when such delay or failure is directly or indirectly caused by or in any manner arises from acts of God or of public enemies, fires, floods, explosions, accidents, epidemics, quarantine restrictions, riots, mobilizations, war, rebellion, revolutions, blockades, hostilities, governmental regulations, requirements, restrictions, interference or embargos, strikes, lockouts, differences with workmen, inadequate transportation facilities, delays or interruptions in transportation, shortages of labor, fuel, raw materials, supplies or power, accidents to, breakdowns to, or mechanical failure of plant machinery or equipment arising from any cause whatsoever or any other cause or causes (whether or not similar in nature to any of those herein before specified) beyond Seller’s control. In no event will Seller be liable for any consequential damages for delay in or failure of performance, whether or not excused by the foregoing.
SPECIAL ORDERS
- If the goods are to be prepared or manufactured to the Buyer’s specifications, the Buyer agrees to indemnify the Seller against liability whatsoever for patent, trademark or trade name infringement in any way arising out of such preparation or manufacture.
- Any order from Buyer that is to be manufactured by Seller in accordance with Buyer’s drawings or specifications is a “custom order”. Any cancellation of order by Buyer must be in writing. Buyer will be billed for all time, expenses and lost profits incurred up to the time of cancellation.
SCOPE
- All orders and sales contracts are subject to approval and acceptance of the Seller. By acceptance hereof Buyer agrees to the terms and conditions of sale set forth herein and further agrees that the same shall supersede the terms and conditions of Buyers purchase order, if any, in all instances where conflict exists.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Lavi Industries and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Lavi Industries.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Lavi Industries
Lavi Industries has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Lavi Industries shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Lavi Industries and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Lavi Industries, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration o your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Lavi Industries its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.
