Terms and Conditions
for Ultra Image LLC T/A Uber Products
In these terms and conditions the following words shall have the following meanings herein ascribed to them.
'The Company' shall mean Ultra Image LLC T/A Uber Products whose registered office is in Salt Lake City, Utah, U.S.A.
'Buyer' means the individual or organization that buys or agrees to buy goods from the Seller for the purpose of their business, trade or profession and for private use or consumption.
'The Customer' shall mean any party with whom the Company enters into a Contract.
'Goods' means the articles the Buyer agrees to buy from the Seller.
'Seller' means Ultra Image LLC T/A Uber Products.
'Terms and Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
'The Contract' shall mean the contract entered into between the Company and the Customer of which these terms and conditions shall form part.
'Equipment' shall mean the subject matter of the Contract or (as the case may be) any part thereof together with all packaging materials in respect thereof.
Nothing in these terms and conditions shall affect the Buyers statutory rights.
These terms and conditions shall apply to all contracts for sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the buyer.
Acceptance of delivery of Goods shall be deemed as conclusive evidence of the Buyers acceptance of these terms and conditions.
Any variation of these Terms and Conditions (including and special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller.
All orders for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these terms and conditions and are subject to acceptance by the seller. The Seller may choose not to accept an order for any reason.
Where goods ordered by the buyer are not available from stock substitute products will be given if these have been requested by the buyer at the time of ordering.
When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in "The Order Process Section"
4. PRICE AND PAYMENT
The price of the Goods shall be that stipulated on the Seller's Website.
The total purchase price and delivery charges if any will be displayed in the Buyers shopping cart.
The Seller reserves the right to change the total purchase price if products ordered ( or substitutes) cannot be supplied and/or a different postage tariff has to be applied (i.e. for consignments in excess of 25kg, postings outside mainland, precious metal items requiring Special Insured delivery – for further information see section on postage)
Payment for goods must be received before dispatch.
The Seller accepts payment for orders by Credit/Debit Card, Postal Orders, and Bank Transfer. The Seller reserves the right to refuse payment by one or more of these payment methods by the Buyer.
In respect of Credit/Debit Card Payments unless otherwise requested by the Buyer at the time of ordering, the Buyer will be notified by phone or email of the final order total due for payment. Authorization, unless otherwise requested by the Buyer at the time of ordering will be sought by the Seller from the Buyer before Credit/Debit Card Payments are processed.
In respect of Buyers paying by Bank Transfer, payment must be made to the Sellers Account. Cleared funds must be received by the Seller before goods are dispatched to the Buyer. Charges in respect of Bank transfers are the responsibility of the Buyer.
Buyers paying by, Credit/Debit Card that have requested notification, Bank Transfer, or Postal Order will be advised by the Seller either by phone or email (usually within 7 working days) of the total order amount due including and postage. If after making contact with the buyer payment or in the case of Credit/Debit Card payments authority is not received within 10 days the Buyers order will be cancelled without further notice.
All payments are to be made by the buyer in U.S. Dollars.
Credit card information, for the purpose of making a payment, can be given to the Seller via phone or through the Sellers secure website which encrypts the information given.
Goods purchased by Credit/Debit Card will only be dispatched by the Seller to the registered address of the Credit Card Holder.
5. RIGHTS OF SELLER
The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
The Seller reserves the right to withdraw any goods from the Website at any time.
The Seller shall not be liable to anyone for withdrawing any goods from the Website or for refusing to process an order.
Goods supplied within the United States will normally be delivered within 10 working days of acceptance of order.
The Seller reserves the right to alter delivery times without notice.
The Seller shall use its reasonable endeavors to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery time.
Delivery of the Goods shall be made to the Buyers address specified in the order and the Buyer shall make all arrangements necessary to take delivery of Goods whenever they are tendered for delivery.
In the event of goods being returned to the Seller due to non-delivery, the Buyer will be advised. Redelivery costs will be the responsibility of the Buyer.
The title and risk in the goods shall pass to the Buyer upon delivery and the Seller will not be liable for their loss or destruction from this point on.
Due to limitations imposed by the Sellers Insurers, the Seller cannot export goods to the following Countries:-
United Kingdom, Canada, Afghanistan, Angola, Cuba, Ethiopia, Iran, Iraq, Lebanon, Liberia, Libya, Myanmar, Nicaragua, Nigeria, North Korea, Rwanda, Sierra Leone, Somalia, Sudan, Syria, Uganda, Countries comprised by the former territories of USSR and/or the Federal Republic of Yugoslavia and/or Republic of Serbia, or any other country where local legislation decrees insurance must be effected locally, unless specially declared and accepted by underwriters prior to shipment. The Buyer reserves the right to add to the list of excluded Countries without notice.
Buyers who wish to use their own Courier or Freight Forwarder for the purpose of delivery are responsible for insuring goods while in transit. The Sellers liability for loss or damage will cease at the point of dispatch.
7. CANCELLATION AND RETURN POLICY
The Buyer must inform the Seller by phone or email within 24hrs if they wish to cancel their order. The Seller reserves the right to charge the Buyer a 20% restocking fee if their order is cancelled after the time limit. Orders cannot be cancelled once they have been dispatched.
The Buyer shall inspect the goods immediately upon receipt and shall notify the Seller by phone, fax or email within 24 hours of delivery if goods are defective or damaged or of an incorrect quantity. The Seller shall have no liability to make right the same if notification is not received within the specified time period.
The Sellers only obligation to the Buyer in regards to point 7.2 will be at the option of the buyer
To make good any shortage or non-delivery.
To replace any goods that are damaged or defective.
To hold your account in Credit with the amount paid for the goods in question.
To credit and refund the amount paid for the goods in question.
Where a claim of defect or damage is made the goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a refund of any return postage charges if the Seller has instructed the Buyer to return the goods in question.
The Seller is not liable for any goods that have been damaged due to misuse or are returned without their original packing.
In the event of the Buyer, indicting on ordering their acceptance of substitute products as alternatives for out of stock items, and subsequently finding them unsuitable the Buyer shall return them to the Seller for a full Credit. Cost of Return Postage will however be the responsibility of the Buyer and no refund of the same will be given by the Seller.
Other than for the aforementioned reasons the Seller will not accept returns from the Buyer.
If goods are not received by the Buyer within 12 days of the date on which they were ordered, the Seller has no liability unless they are notified by phone, fax or email within 3 days of the date on which the goods were ordered.
In the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage 12.3 notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit the liability of the Seller for death or personal injury resulting from their negligence.
No Waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
10. FORCE MAJEURE
The seller shall not be liable for any delay of failure to perform any of its obligations if the delay or failure results from events and circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, terrorism, fire, breakdown of plant and 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 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 provisions eliminated.
12. CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time, but this right should not affect existing Terms and Conditions accepted by the Buyer upon making a purchase.
13. INTERNET PROVISION
The Company does not accept liability for slow running or downtime experienced by the Customer while connected to the Internet.
14. PATENTS AND COPYRIGHT
Equipment may be the subject of patent rights and/or other legal protection.
15. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the Law of United States and the parties hereby submit to the exclusive jurisdiction of the United States Courts.
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