PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from the Nutrex.com entity named on the invoice ("Nutrex.com") that will be provided to you ("Customer") on orders for products sold in the United States. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH NUTREX.COM IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER NUTREX.COM STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Nutrex.com's sole discretion.
1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Nutrex.com
2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF HAWAII, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Nutrex.com's sole discretion, and unless otherwise agreed to by Nutrex.com, payment must be received by Nutrex.com prior to Nutrex.com's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Nutrex.com. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. Nutrex.com may invoice parts of an order separately. Orders are not binding upon Nutrex.com until accepted by Nutrex.com. Any quotations given by Nutrex.com will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Nutrex.com invoice(s). Unless Customer provides Nutrex.com with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Nutrex.com's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for Nutrex.com's franchise taxes and taxes on Nutrex.com's net income. If applicable, a separate charge for taxes will be shown on Nutrex.com's invoice.
5. Title; Risk of Loss. Title to products passes from Nutrex.com to Customer on shipment from Nutrex.com's facility. Loss or damage that occurs during shipping by a carrier selected by Nutrex.com is Nutrex.com's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
6. Warranties, Disclaimers. NUTREX.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF' MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site.
7. Return Policies. Nutrex.com products that are purchased directly from Nutrex.com by an end-user Customer may be returned by Customer in accordance with Nutrex.com's "5 STAR GUARANTEE" in effect on the date of the invoice.
8. Products. Nutrex.com's policy is one of on-going product update and revision. Nutrex.com may revise and discontinue products at any time. Nutrex.com reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
9. Limitation of Liability. NUTREX.COM DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. NUTREX.COM WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
10. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. Nutrex.com has separate terms and conditions governing resales.
11. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
12. Acceptance. By ordering any product from Nutrex.com, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the "Acceptance of Contract Terms" contained elsewhere in the Nutrex.com site.
