Agreement. Each purchase of products (“Products”) and/or services (“Services”) from, and the performance of the same by, DIY ENVIRONMENTAL LLC (“Seller”) on behalf of the individual or entity purchasing such Products or Services (“Buyer”) shall be subject to these Terms and Conditions (Agreement”).
Pricing & Payment. The price for the Products and/or Services is stated on the invoice and is payable: for Products, upon the placing of the order by Buyer, and for Services, upon completion of the Services listed on the invoice. Taxes, duties, excises or other charges imposed by law, and shipping charges shall be listed separately.
Risk of Loss. Title to the Products passes upon delivery to Buyer, and thereafter all risk of loss or damages are the responsibility of Buyer.
Time Not of the Essence. Seller will endeavor to deliver the Products/Services by any agreed date or within any agreed period. These dates and periods, however, are only estimates given in good faith and, consequently, Seller shall not be liable for any failure to deliver the Products/Services by such a date or within such a period. Time for delivery shall not be of the essence.
Warranties. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY, RELATING TO ANY PRODUCTS. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE APPLIES TO ANY PRODUCTS. BUYER SHALL RELY SOLELY ON THE MANUFACTURER’S WARRANTY, IF ANY, AND SELLER SHALL NOT BE RESPONSIBLE FOR ANY PRODUCT DEFECTS.
Disclaimers. BUYER ACKNOWLEDGES THAT BUYER IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH FEDERAL, STATE, AND LOCAL ENVIRONMENTAL, LAND USE, ZONING, HEALTH, CHEMICAL USE, SAFETY AND SANITATION LAWS, STATUTES, ORDINANCES AND CODES RELATING TO THE PROTECTION OF THE ENVIRONMENT AND/OR GOVERNING THE USE, STORAGE, TREATMENT, GENERATION, TRANSPORTATION, PROCESSING, HANDLING, PRODUCTION OR DISPOSAL OF HAZARDOUS SUBSTANCES AND THE RULES, REGULATIONS, POLICIES, GUIDELINES, INTERPRETATIONS, DECISIONS, ORDERS AND DIRECTIVES OF FEDERAL, STATE AND LOCAL GOVERNMENTAL AGENCIES AND AUTHORITIES WITH RESPECT THERETO. “Hazardous Substance” means, without limitation, any flammable explosives, radon, radioactive materials, asbestos, urea formaldehyde foam insulation, polychlorinated biphenyls, petroleum and petroleum products, methane, hazardous materials, hazardous wastes, hazardous or toxic substances or related materials, as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Section 1801, et seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. Section 6991, et seq.), the Toxic Substances Control Act, as amended (15 U.S.C. Section 2601, et seq.), Articles 15 and 27 of the New York State Environmental Conservation Law or any other applicable Environmental Law and the regulations promulgated thereunder. BUYER ACKNOWLEDGES AND UNDERSTANDS THAT THE PRODUCTS MAY NOT BE SUITABLE FOR BUYER’S INTENDED USE BECAUSE OF BUYER’S CURRENT OR FUTURE MEDICAL CONDITION, AND THE PRODUCTS MAY NOT PERFORM AS INTENDED BY THE MANUFACTURER FOR REASONS OUTSIDE THE MANUFACTURER OR SELLER’S CONTROL INCLUDING, BUT NOT LIMITED TO, IMPROPER STORAGE OR USE IN CONTRAVENTION OF THE MANUFACTURER’S OR SELLER’S INSTRUCTIONS, INCORRECT FIT, FACIAL HAIR OR OTHER FOREIGN OBJECTS PREVENTING THE CREATION OF A PERFECT SEAL, AND/OR DIRT, DUST, OR OTHER FOREIGN OBJECTS ON OR INTERFERING WITH THE FUNCTIONALITY OF THE PRODUCTS, ETC.
Prohibition. Buyer shall not resell or reuse the Products after use of the Products. Buyer shall not use the Products on any real property except for a single-family residence owned and occupied by Buyer.
Disposal. Buyer shall dispose of the Products and/or any Hazardous Substances in accordance with all applicable federal, New York State, and municipal laws, regulations, and rules.
Limitation on Liability. Buyer assumes all risk and responsibility for using the Products in accordance with manufacturer instructions and Seller shall not be liable for any damage to property or person (including death) that may result directly or indirectly from or be in any manner connected to Buyer’s improper use or care of the Products. Buyer shall indemnify and hold Seller harmless from any and all loss, damage, liability, costs and expenses (including reasonable attorneys’ fees) that is a direct or indirect result of the Buyer’s use of the Products and/or Buyer’s breach of this Agreement. Seller’s liability, if any, on any claim relating to the Products and/or Services or their operation or use, whether based in contract, warranty, tort (including negligence) or other grounds, shall not exceed the price paid by Buyer for such Products and/or Services. SELLER WILL NOT BE LIABLE FOR SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, OR ANY LIABILITY OF BUYER TO THIRD PARTIES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any and all warranties given by Seller, written or implied (but not the exclusions and waivers of warranties), shall terminate and become void if any modifications to the Products are made or if the Products are used other than in accordance with any directions provided by Seller, supplier or manufacturer.
Waiver and Modification. No waiver or modification of this Agreement will be binding upon Seller unless agreed to by Seller in a signed writing. Failure by Seller to enforce strict compliance with this Agreement will not constitute a waiver of any of the provisions of this Agreement. No delay or omission by Seller in exercising any right or remedy shall be a waiver thereof. No single or partial waiver by Seller shall preclude any other or further exercise thereof. All rights and remedies of Seller are cumulative.
Severability. If any provision of this Agreement shall be held invalid or unenforceable by competent authority, such provision shall be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear. The total invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.
Choice of Law; Jurisdiction; Waiver of Jury Trial; Attorney Fees. This Agreement will be governed the laws of the State of New York without regard to principles of conflict of laws. Any claims arising out of or related to this Agreement and/or the Products and/or Services shall be brought exclusively in the Monroe County, New York. Buyer consents to the personal jurisdiction of such courts. BUYER AND SELLER HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION TO ENFORCE, DEFEND, CONSTRUE OR OTHERWISE CONCERNING THIS AGREEMENT, THE PRODUCTS AND/OR SERVICES. If Seller incurs attorneys’ fees to enforce any provision of this Agreement, Buyer will be liable for all disbursements, court costs and reasonable attorneys' fees incurred regardless of whether an action is commenced.
Entire Agreement. This Agreement and any rules, guidelines or instructions on Seller’s website contain entire agreement between the Buyer and Seller regarding the subject matter herein and therein, and supersede any prior agreements, representations and warranties, whether oral or written, and no agreement, representation warranty or understanding not specifically contained herein or therein shall be binding, unless reduced to writing and signed by Buyer and Seller.
Miscellaneous. This Agreement shall survive the termination of the use of the Products and/or Services and the business relationship between the parties. Buyer may not assign or transfer its interest in this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their representatives, successors and assigns. The headings contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.
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