Terms of Purchase
The purchaser (Purchaser) has ordered the items set forth in the shopping cart, which product is distributed by Custom Glass and Synthetic Design, LLC (Seller). Details of the purchased products are as set forth on the website.
Warranties: As for as items that require sterilization, sterilizations are performed in the U.S.
It is warranted that the Items are fit and suitable for their intended use. It is further warranted that the subject Cuvettes shall be pure quartz to the level of, at least, 99.995%. Seller is not providing instruction or direction as to the proper or appropriate use of the Items.
in terms of the sale of cuvette assemblies, the Seller represents and warrants that the Cuvette effectively transmits UV light in a spectral range, which includes, but is not limited to the range of 250 nm to 400 nm. Specifically, the subject Cuvettes shall transmit UV light at 254 nm in a percentage of approximately 90%. Seller makes no warranties or representations concerning the effectiveness of the the processes or for the uses to which they are applied.. The representations, warranties, promises, and undertakings set forth in this document shall be binding on the parties. The terms hereof shall be governed pursuant to the laws of Arizona.
All sales are final. In the event that any product is defective , then Purchaser shall advise of said defects within 3 business days from receipt. Purchaser shall provide detail of any defects and further provide evidence as requested by Seller, which shall include, but not be limited to photos evidencing any defect. At Seller’s expense, Purchaser shall forthwith return the defective Products. Upon receipt, Seller will ship to Purchaser replacement product.
Arbitration: This Agreement shall be interpreted pursuant to the laws of the State of Wyoming. The venue for any arbitration shall be Casper Wyoming. Any disputes concerning this subject contractual arrangement shall be resolved through the process of arbitration, which proceeding shall be conducted by a single arbitrator. The process shall be done in accordance with the rules and procedures promulgated by the American Arbitration Association. The decision of the arbitrator shall be deemed final and not subject to appeal. It shall have the same effect as a final judgment and may be filed in any applicable court of competent jurisdiction. Each party shall, initially, be responsible for paying their own associated costs and fees. The prevailing party shall be entitled to recover from the other party its fees and costs so incurred.
Notices: Notices sent per this Agreement shall be by email and deemed delivered when received by the receiving party. For Seller, the applicable email is email@example.com. The email address for the Purchaser is as set forth in the subject shopping cart.
Injunctive Relief: Any misuse, including reuse, of the subject items would, likely, endanger the health and well being patient. In any event, such practices would put patients at imminent risk of severe and irreparable harm. Further, because of the potential harm, the reputation and viability would, as a result, be placed in damager of immediate, irrevocable harm. Accordingly, the parties agree that misuse or reuse on the part of the Purchaser, and notwithstanding the arbitration clause in this Agreement, such conduct shall give rise to Seller obtaining injunctive relief against the Purchaser for the subject misuse, which proceeding shall be conducted in a court of competent jurisdiction. Purchaser may initiate such proceeding in the situs deemed most logical by Seller for that process. . Such injunctive relief shall include the right to obtain a TRO, preliminary injunction, and permanent injunction. As the appropriateness and correct of amount of any bond required by Seller in the context of obtaining such injunctive relief, those would, likely, be impractical or impossible to measure. Accordingly, Purchaser waives the right to obtain a bond in the context of such a proceeding. At such time that injunctive relief is granted and, on other occasions, where the relief is modified, Seller shall be obligated to immediately reimburse Seller for costs and fees incurred in the context with said proceedings.
Integration: This Agreement shall represent the entire agreement between Purchaser and Seller. Accordingly, it supersedes any and all prior understandings, written or oral. This Agreement may only be modified by a written agreement, executed by the Parties. Neither Party may justifiably rely on any modification other than one which is in writing and executed by the parties.
Authorization to Charge Credit Card: In consideration for the purchase of the Products, Purchaser hereby authorizes Seller to charge the credit card provided by Seller in the amount of the sales price, plus any applicable sales taxes, and associated fees, as said amount is set forth in the web shopping cart.