Terms and Conditions and Privacy Policy

TERMS AND CONDITIONS OF SALE

These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless this has been agreed to by the Seller in writing. Any variation to these Terms and Conditions (including any special terms and conditions agreed to between the parties) shall be inapplicable unless agreed in writing by the Seller.

I. DEFINITIONS
In this document the following words shall have the following meanings:
"Buyer" means the organization or person who buys the Goods;
"Goods" means the articles to be supplied to the Buyer by the Seller;
"Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property;
"Seller" means Spiritus Systems Company, Inc., a North Carolina corporation.

II. PRICE AND PAYMENT
The price shall be the Recommended Retail Price, unless otherwise agreed in writing between the parties. The price is exclusive of VAT or any other applicable costs, sales tax, excise tax, or use tax.

III. DESCRIPTION
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

IV. DELIVERY
Unless otherwise agreed in writing, the goods shall be shipped to the address specified by the Buyer on the date estimated by Seller, or as close as possible to the date estimated by Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Seller is responsible only for delivering the goods to the carrier for shipment. The risk of loss shall pass to the Buyer when the goods are delivered to the carrier. This contract shall be F.O.B. Seller’s place of business. Shortages, over deliveries, and duplicated orders must be reported to the Seller within 14 days of signed receipt to enable replacement or refund.

V. RISK
Where the Buyer chooses to collect the Goods itself, the risk shall pass when the Goods are entrusted to the Buyer or set aside for the Buyer’s collection, whichever happens first.

VI. TITLE
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

VII. RETURN OF UNUSED GOODS
The Seller shall not take back goods that were manufactured by a party other than the Seller, whether defective or not. Products manufactured by outside suppliers and added to Seller’s products are subject to any warranties of the outside supplier and not of Seller. Such goods must be returned to the manufacturer and not the Seller. All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods sold to the Buyer, unless otherwise agreed to by Seller, in which case the following terms apply:
(1) Any returns must be authorized by a representative of the Seller before any credit will be given,
(2) Where the Seller agrees to accept the return of goods that are not damaged, the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. The Seller will not be obliged to accept any goods that are damaged in any way. The Seller will only accept returns that appear in the Seller’s current Publication List, and
(3) Credit of amounts due or paid in will only be given for goods that are in saleable condition, meaning they are unused and in original packaging. Buyer shall be responsible for a 10% (ten percent) restocking fee, plus transaction fees charged by the merchant service used to complete the transaction.

VIII. RETURN OF DEFECTIVE PRODUCTS
In the event that Seller’s Product is found to be defective ("Defective Product") within ten (10) business days of receipt, Buyer shall promptly notify Seller through e-mail or fax of the existence of such Defective Product. Any Defective Product shall be replaced by Seller at its option. Buyer shall follow Seller’s instructions as to the disposition or return of said product. This policy refers only to product manufactured by Seller and not to any third-party product incorporated into Seller’s product.

IX. LIMITATION OF LIABILITY
SELLER SHALL NOT BE LIABLE UNDER ANY SECTION OF THIS AGREEMENT OR UNDER ANY CONTRACT, IN NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REPUTATIONS), WHETHER OR NOT IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS IN ADVANCE. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST THE OTHER PARTY. IN NO EVENT WILL SELLER BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY BUYER. IN ADDITION, IN NO EVENT WHATSOEVER SHALL SELLER'S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY RECEIVED BY SELLER FROM BUYER FOR THE PRODUCT INVOLVED.

X. WARRANTY
EXCEPT AS PROVIDED HEREIN, THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND. SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACE HEREOF. SELLER DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE UNINTERRUPTED OR BE ERROR-FREE, OR THAT ALL DEFECTS WILL BE CORRECTED.

XI. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the
absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of
appropriate instruments or the making of agreements with third parties, as determined by the Seller.

XII. FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

XIII. SEVERABILITY
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

XIV. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of North Carolina and the parties hereby submit to the exclusive jurisdiction of the courts of North Carolina, with such venue exclusively is Moore County, North Carolina.

 

Privacy Policy

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the siteplace an orderfill out a formsubscribe to the newsletter and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information,

Users may, however, visit our Site anonymously.

We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information

Spiritus Systems collects and uses Users personal information for the following purposes:

  • To improve customer service
    Your information helps us to more effectively respond to your customer service requests and support needs.
  • To personalize user experience
    We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
  • To process transactions
    We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
  • To send periodic emails

    The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. 

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Third party websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website\'s own terms and policies.

Changes to this privacy policy

Spiritus Systems has the discretion to update this privacy policy at any time. When we do, revise the updated date at the bottom of this page,. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

Spiritus Systems

www.spiritussystems.com

112 Bud Place, Aberdeen NC 28315

support@spiritussystems.com

 

Updated: 15 January 2018