Terms & Conditions
Welcome to the VIB5IVE.com website terms and conditions. Please read through them carefully before placing your order. By using this website and/or placing an order, you agree to be bound by the terms and conditions set out below. Please also read our Privacy Policy regarding personal information provided by you.
1. TERMS AND CONDITIONS - These terms and conditions represent the final and complete agreement of the cutomerand no terms or conditions in any way modifying.
2. ACCEPTANCE OF ORDERS - All orders are subject to original sale price verification by authorized VIB5IVE personnel unless designated in writing to be firm for a specified period of time. Shipment of goods without written price verification does not constitute acceptance of the discount price contained in the order.
3. SUBSTITUTION - VIB5IVE reserves the right, without prior notification, to substitute an alternative product of like kind, quality, and function.
4. PRICE - Prices quoted, including any transportation charges, are valid designated as firm for VIB5IVE. Prices designated as firm. All prices and deliveries.
5. TRANSPORTATION - Unless otherwise provided, VIB5IVE shall use its judgment in determining carrier and routing. In either case, VIB5IVE shall not be liable for any delays or excessive transportation charges resulting from its selection.
6. PACKING - Unless otherwise provided, VIB5IVE will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, requested by customers will be paid for by customers. All cost of packing and shipment for customers special equipment shall be paid for by customers.
7. PAYMENT TERMS - The discount applies only to the coupon invoiced value of the material (not to taxes )
8. TAXES - Prices do not include taxes.
9. RISK OF LOSS - Delivery to the carrier shall constitute delivery to customers, and thereafter risk of loss or damage shall pass to customers. Any claim of customers relative to damage during shipping or delivery should be made directly to the carrier. Any claims by customers against VIB5IVE for shortage or damage occurring prior to such delivery to carrier must be made within fifteen (15) days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from VIB5IVE in the condition claimed. Notwithstanding passage of the risk of loss to customers, title and right of possession to the goods sold hereunder shall remain with VIB5IVE until all payments hereunder, including deterred payments evidenced by notes or otherwise, Interest, carrying charges, and attorneys' fees, shall have been made in cash, and customers agrees to do all acts necessary to perfect and maintain such right and title in VIB5IVE.
10. RETURN OF PRODUCTS - Goods cannot be returned, and orders once accepted by VIB5IVE cannot be canceled, except upon contacting the customer service of VIB5IVE firstly. Cut to size items and special orders may not be returned unless it has been determined to be provided in error by VIB5IVE. Customers returning goods are responsible for shipping charges.
11. FORCE MAJEURE - VIB5IVE shall not be liable for failure to perform its obligations resulting directly or indirectly from or contributed to by acts of God; acts of customers, civil or military authority, including wage and price controls; fires; war; riot; delays in transportation; lack of or inability to obtain raw materials (including energy sources), components, labor, fuel or supplies; or other circumstances beyond VIB5IVE reasonable control, whether similar or dissimilar to the foregoing. If certain quantities are affected and other quantities are not, the quantities affected shall be eliminated without liability, but the agreement shall remain unaffected. VIB5IVE may during any period of shortage due to any of said causes, allocate its supply of such raw materials among its various users thereof in any manner which all customers deem fair and reasonable. In no event shall VIB5IVE be liable for special or consequential damages for any delay for any cause.
12. REASONABLE ATTORNEY'S FEES - In the event suit or other proceedings shall be brought for the recovery of the purchase price, or any unpaid balance, or the breach by customers of any term herein contained, customers, shall pay to VIB5IVE, in addition to any damages proved by law, reasonable attorney's fees and costs of collection.
13. LIABILITY - VIB5IVE shall not be responsible, obligated, or liable for any injury or damage resulting from an application or use of its products, either singularly or in combination with other products, arising out of acceptance of this order. VIB5IVE shall have no liability for errors in weight or quantity delivered unless a claim is made by customers within fifteen (15) days after receipt of shipment and accompanied by original transportation bill signed by carrier noting that carrier received the goods from VIB5IVE in the condition claimed. If such timely claim is made by customers, and the claim is deemed valid by VIB5IVE, VIB5IVE may fulfill its responsibility by either shipping the quantity necessary to make good the deficiency or at VIB5IVE option, crediting customers with the invoice price of the deficiency.
14. WARRANTY - All goods sold by VIB5IVE are warranted to customers to be free from defects in material and workmanship, accordance with industry standards. The foregoing warranty is nonassignable and in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise including but not limited to any implied warranties of merchantability or fitness. No agent, employee, or representative of VIB5IVE has any authority to bind VIB5IVE to any representation, affirmation, or warranty concerning the goods and any such representation, affirmation, or warranty shall not be deemed to have become a part of the basis of this agreement and shall be unenforceable. Any claimed defect in material or workmanship shall be deemed waived by Buyer unless submitted to VIB5IVE in writing within fifteen (15) days from the date the goods are received by Buyer.
VIB5IVE shall not be liable under the foregoing warranty if any loss or damage is caused by improper application or use of the goods. Vib5ive disclaims all liability with respect to the design of the goods and makes no warranty with respect to such design. This warranty is in lieu of and excludes all other warranties, whether express, implied, or statutory, including implied warranties of merchantability or fitness.
15. REMEDIES AND LIMITATION OF LIABILITY - VIB5IVE shall not be liable for incidental or consequential losses, damages, or expenses arising directly or indirectly from the sale, handling or use of the goods, or from any other cause relating there toVIB5IVE liability, in any case, including for claims of breaches of warranty or negligence is exclusively limited, at VIB5IBE option, to the replacement of goods not complying with this agreement, the repayment of, or crediting Customers with, an amount equal to the purchase price of such goods, or repairing or arranging for repair of the goods. If VIB5IVE requests the return of the goods, the goods will be redelivered to VIB5IVE in accordance with VIB5IVE instructions. The remedies contained in this paragraph constitute the sole recourse of customers against VIB5IVE Company for breach of any of VIB5IVE Company's obligations, whether of warranty or otherwise. As long as Our Company makes a good faith effort to rectify any breach, the remedies provided for herein shall be deemed satisfied.
16. SELECTION - Customers represents that the goods sold hereunder are fit for their actual or intended use and that customers placed no reliance on Our Company's skill or judgment in selecting suitable goods or materials or in the design of suitable goods and materials. Customers represents that the use and installation of the goods shall be made in compliance with all applicable government requirements. Customers will defend, indemnify and hold harmless Our Company, its successors assign and subsidiaries from and against all costs (including attorney's fees), damages and liabilities resulting from actual or alleged claims asserted or any penalties proposed or assessed.
17. CHOICE OF LAW - This agreement and matters connected with the performance thereof shall be construed in accordance with, and governed.
18. PARTIAL REFUNDS - We also offer a partial refund on returned item which have some original parts missing. In such a case, the customer can only get a partial refund.
19. Customers will only be charged once for shipping costs (this includes returns); No-restocking to be charged to the consumers for the return of the product. In the case of free post, consumers are responsible for the return shipping cost.