Terms and Conditions
1. APPLICATION OF TERMS AND CONDITIONS OF SALE
1.1 The following terms and conditions shall govern the order by Client (as defined hereunder) and the sale by Therma-Kleen (“Therma-Kleen” or “Seller”) of any product made available by Therma-Kleen (hereby collectively called the “Product”). Certain additional terms may accompany the Product and shall apply but in case of conflict the following Terms and Conditions shall prevail.
1.2 By ordering the Product, whether by placing an order by phone, on the Therma-Kleen website (therma-kleen.com) in person or by any other means, following a quotation or not, Client agrees that these Terms and Conditions of Sale (referred to as the “Terms and Conditions”) shall govern the contract between Therma-Kleen and the Client and supersedes any other terms and conditions that may be provided by the Client. Therma-Kleen’s failure to object to provisions contained in any communication from the Client shall not be deemed a waiver of the Terms and Conditions.
1.3 “Client” means any person or entity ordering products from Therma-Kleen.
1.4 These Terms and Conditions of Sale supersede any pre-printed terms on Client’s orders and any previous written or oral communications or representations by either party related to the Product or the terms and conditions and may not be amended by Client without prior written consent of Therma-Kleen.
1.2 By ordering the Product, whether by placing an order by phone, on the Therma-Kleen website (therma-kleen.com) in person or by any other means, following a quotation or not, Client agrees that these Terms and Conditions of Sale (referred to as the “Terms and Conditions”) shall govern the contract between Therma-Kleen and the Client and supersedes any other terms and conditions that may be provided by the Client. Therma-Kleen’s failure to object to provisions contained in any communication from the Client shall not be deemed a waiver of the Terms and Conditions.
1.3 “Client” means any person or entity ordering products from Therma-Kleen.
1.4 These Terms and Conditions of Sale supersede any pre-printed terms on Client’s orders and any previous written or oral communications or representations by either party related to the Product or the terms and conditions and may not be amended by Client without prior written consent of Therma-Kleen.
2. QUOTES; ORDERS; PAYMENT TERMS
2.1 Subject to the terms contained in this section, any quotation provided by Therma-Kleen will be valid for the duration stated in the quotation. If no duration is stated, such quotation will be valid for 60 days.
2.2 Any order, to be valid, needs to be accompanied by a valid, pre-arranged method of payment acceptable to Therma-Kleen for the total sum of the value of the Product, whether such order is made online on Therma-Kleen’s website ( Therma-Kleen.com) or to any Therma-Kleen representative.
2.3 Therma-Kleen reserves its rights to cancel the order at its sole discretion by reimbursing the sums paid by the Client. Therma-Kleen shall not otherwise be liable to the Client for cancellation of such orders.
2.4 Not withstanding the above, if Client is provided an invoice by Therma-Kleen, such invoice is due one month after the date of the invoice, any unpaid amount will bear interest at 1.5% per month (19.56% per year) from the due date
2.2 Any order, to be valid, needs to be accompanied by a valid, pre-arranged method of payment acceptable to Therma-Kleen for the total sum of the value of the Product, whether such order is made online on Therma-Kleen’s website ( Therma-Kleen.com) or to any Therma-Kleen representative.
2.3 Therma-Kleen reserves its rights to cancel the order at its sole discretion by reimbursing the sums paid by the Client. Therma-Kleen shall not otherwise be liable to the Client for cancellation of such orders.
2.4 Not withstanding the above, if Client is provided an invoice by Therma-Kleen, such invoice is due one month after the date of the invoice, any unpaid amount will bear interest at 1.5% per month (19.56% per year) from the due date
3. PRODUCT AVAILABILITY
3.1 Product availability may be limited. Products ordered may not be available for immediate delivery. Therma-Kleen reserves the right, without liability or prior notice, to revise or cease to make available the Product. If there are any revisions to or cessation of Products, Therma-Kleen may, with Client’s consent, ship Products which have similar functionality and specifications to the Products originally ordered. Client will be given the opportunity to either reject or accept the substitute Product and price for the substitute Product which may differ from the price of the original Product.
4. SHIPPING AND HANDLING
4.1 Therma-Kleen reserves the right to refuse sales and/or delivery in certain areas of the world. Therma-Kleen may be unable to ship to certain remote regions. Therma-Kleen reserves the right to refuse or cancel orders where Therma-Kleen has no commercially reasonable shipping option, and Therma-Kleen shall not be liable to the Client for cancellation of such orders. In such a case, Therma-Kleen will reimburse the sums already paid by the Client.
4.2 All orders received between Monday and Friday during normal business hours are dealt with within 24-48 hours. Orders received on weekends are dealt with the following Monday or Tuesday. Client understands that Therma-Kleen cannot guarantee same day treatment.
4.3 You must be available for the next 1-10 days to receive your shipment once your order is confirmed.
4.4 All orders within the Continental U.S. and Canada are shipped via UPS Ground or FedEx Freight, unless the customer makes arrangements with us in advance to use their carrier or is interested in and makes arrangements with us in advance (at additional charges) for more expedited shipping.
The following models are shipped via UPS Ground:
Therma-Steem ® .75 Model
Therma-Steem ® #10 Model
The following models are shipped via FedEx Freight:
Therma-Steem ® Industrial Model 400
Therma-Steem ® Industrial Model XL1, XL2 & XL3
Therma-Kleen ® Ultra 250
Therma-Kleen ® Ultra 600
Therma-Kleen ® Ultra 1300
Therma-Kleen ® Ultra 250E
Therma-Kleen ® Ultra 250E
4.3 You must be available for the next 1-10 days to receive your shipment once your order is confirmed.
4.4 All orders within the Continental U.S. and Canada are shipped via UPS Ground or FedEx Freight, unless the customer makes arrangements with us in advance to use their carrier or is interested in and makes arrangements with us in advance (at additional charges) for more expedited shipping.
The following models are shipped via UPS Ground:
Therma-Steem ® .75 Model
Therma-Steem ® #10 Model
The following models are shipped via FedEx Freight:
Therma-Steem ® Industrial Model 400
Therma-Steem ® Industrial Model XL1, XL2 & XL3
Therma-Kleen ® Ultra 250
Therma-Kleen ® Ultra 600
Therma-Kleen ® Ultra 1300
Therma-Kleen ® Ultra 250E
Therma-Kleen ® Ultra 250E
5. RISK OF LOSS OR DAMAGE AND DELIVERY
5.1 Title in the Product shall pass to Client once the Product has been fully paid. Risk of loss shall pass to Client “ex works” Therma-Kleen premises.
5.2 Any delivery or shipment dates given by Therma-Kleen are estimates only and Therma-Kleen is not liable for any loss, damage, cost or expense for any failure to deliver in accordance with the given delivery or shipment date.
5.2 Any delivery or shipment dates given by Therma-Kleen are estimates only and Therma-Kleen is not liable for any loss, damage, cost or expense for any failure to deliver in accordance with the given delivery or shipment date.
6. RETURNS
6.1 All sales are final but subject to the following return policy..
6.2 All custom order sales are final and not returnable.
6.3 All sales purchased on a commercial lease through financing are final and the following return policy is not applicable.
6.4 Subject to the provisions below, if Client is unsatisfied with the Product, Client must notify Therma-Kleen within 7 days from the date of delivery. The product must be shipped within 7 days from the date of the reception of the Return Shipping Label, and the tracking number must be provided to a Therma-Kleen representative immediately by email. Failure to ship back on time or to provide the tracking number may cause the return request to be refused.
6.5 No Product may be returned unless previously agreed to by Therma-Kleen. Client must fill in the return form on Therma-Kleen.com in the Authorized Support section. Client must provide the name, model and serial number of the Product, a description of the problem or concern and a clear picture of the Product for evaluation. 6.6 The Client is responsible for a 15% restocking fee and the costs of used brushes and accessories and any work required to restore the Product to an open box sellable condition. All fees will be deducted from the customer’s refund after all costs associated with the transaction have been calculated; including but not limited to accessories used, scratches, cosmetic damages, hose usage, and any other damages.
6.7 Product must be returned with all shipping and insurance charges pre-paid. The Client is responsible for the shipping costs of the return shipment. Client will not be reimbursed for such charges, except where Product is being returned because it is deemed defective by Therma-Kleen.
6.8 All returns must be properly packaged to prevent damage during shipment. An explanation of the problem or damage and a proof of purchase must be submitted with the return.
6.9 The Product must be received in an almost new and sellable condition.
6.10 Client will be responsible for insurance of the merchandise (at his costs) because Therma-Kleen will not be responsible for damages or loses during shipment.
6.2 All custom order sales are final and not returnable.
6.3 All sales purchased on a commercial lease through financing are final and the following return policy is not applicable.
6.4 Subject to the provisions below, if Client is unsatisfied with the Product, Client must notify Therma-Kleen within 7 days from the date of delivery. The product must be shipped within 7 days from the date of the reception of the Return Shipping Label, and the tracking number must be provided to a Therma-Kleen representative immediately by email. Failure to ship back on time or to provide the tracking number may cause the return request to be refused.
6.5 No Product may be returned unless previously agreed to by Therma-Kleen. Client must fill in the return form on Therma-Kleen.com in the Authorized Support section. Client must provide the name, model and serial number of the Product, a description of the problem or concern and a clear picture of the Product for evaluation. 6.6 The Client is responsible for a 15% restocking fee and the costs of used brushes and accessories and any work required to restore the Product to an open box sellable condition. All fees will be deducted from the customer’s refund after all costs associated with the transaction have been calculated; including but not limited to accessories used, scratches, cosmetic damages, hose usage, and any other damages.
6.7 Product must be returned with all shipping and insurance charges pre-paid. The Client is responsible for the shipping costs of the return shipment. Client will not be reimbursed for such charges, except where Product is being returned because it is deemed defective by Therma-Kleen.
6.8 All returns must be properly packaged to prevent damage during shipment. An explanation of the problem or damage and a proof of purchase must be submitted with the return.
6.9 The Product must be received in an almost new and sellable condition.
6.10 Client will be responsible for insurance of the merchandise (at his costs) because Therma-Kleen will not be responsible for damages or loses during shipment.
7. EXCLUSION AND LIMITATION OF LIABILITY
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, THERMA-KLEEN, OR ITS EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, SUBCONTRACTORS OR SUPPLIERS, SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCT PAID BY CLIENT. IN NO EVENT WILL THERMA-KLEEN BE LIABLE TO CLIENT FOR CONSEQUENTIAL, INCIDENTIAL, SPECIAL DAMAGES, INJURY TO PERSON OR PROPERTY, OR ECONOMIC LOSS (INCLUDING BUT NOT LIMITED TO LOSS OF EXPENDITURES, INVESTMENTS, COMMITMENTS OR LOST PROFITS) ARISING FROM ANY CLAIM OR ACTION, INCIDENTAL OR COLLATERAL TO, OR DIRECTLY OR INDIRECTLY RELATED TO THE PURCHASE OR LICENCE OF THE PRODUCT HEREUNDER.
8. FORCE MAJEURE
For all purposes hereof, force majeure includes any act of God, war, mobilization, governmental regulation, strike, lockout, drought, flood, total or partial fire, obstruction of navigation, loss, damage or detention in transit, defective materials or delays by shippers, or other contingencies or causes beyond Seller’s control which might prevent the manufacturer, shipment or delivery of Goods covered hereby. Performance of Seller’s obligations may be suspended pending force majeure, without Seller being responsible to Client for any damages or losses resulting from such suspension.
9. ARBITRATION, GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be strictly and exclusively followed in accordance with the laws of the State of Michigan and the Government of the United States of America applicable therein without regard to principles of conflict of law. Without limiting the foregoing, Client irrevocably and unconditionally agrees that any suit, action, or other legal proceeding arising out of or relating to these Terms and Conditions or any transaction hereunder must be decided by binding arbitration in accordance with the Rules of the State of Michigan in accordance with the rules of the American Arbitration Association then in effect, and judgement upon the award rendered by the arbitrator or arbitrators shall be final and binding upon the parties hereto. This provision shall be specifically enforceable in any court of competent jurisdiction.
10. SEVERABILITY
If any provision or provisions of these Terms and Conditions be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
11. WEBSITE USE, CONTENT & COPYRIGHT
11.1 This website Therma-Kleen.com (“Website”) and its contents are the exclusive property of Therma-Kleen. Your use of this website and any transactions made on this website are subject to the present terms of use. By visiting and/or using this website, by consulting it or by making purchases, you acknowledge the applicability of the present terms of use which you undertake to respect and not to make any illegal use of this website or any use which could prejudice in any way whatsoever Therma-Kleen, its subsidiaries, affiliates, members or business partners. Therma-Kleen reserves the right to modify or revise the present terms of use at any time without notice. By using this website following any such modification or revision, you agree to be bound by such modification or revision. We recommend to consult the terms of use at each use of this website.
11.2 The Website and all logos, texts, graphics, images, videos, soundtracks or all organization of these elements are the property of Therma-Kleen and are protected under the applicable intellectual property legislation and regulations in the United States of America and in the world. The contents of this website, including namely all logos, texts, graphics, images, videos, soundtracks or any other element of this website cannot, in part or in whole, be copied, duplicated, printed, archived, re-edited, downloaded, displayed, sold, assigned, transferred, modified or otherwise diffused, on paper format or other format created or to be created, electronic or other, without Therma-Kleen’s prior consent. However, subject to the respect of the present terms of use, you may view and print elements that are part of this website but strictly for private, personal and non-commercial use.
11.2 The Website and all logos, texts, graphics, images, videos, soundtracks or all organization of these elements are the property of Therma-Kleen and are protected under the applicable intellectual property legislation and regulations in the United States of America and in the world. The contents of this website, including namely all logos, texts, graphics, images, videos, soundtracks or any other element of this website cannot, in part or in whole, be copied, duplicated, printed, archived, re-edited, downloaded, displayed, sold, assigned, transferred, modified or otherwise diffused, on paper format or other format created or to be created, electronic or other, without Therma-Kleen’s prior consent. However, subject to the respect of the present terms of use, you may view and print elements that are part of this website but strictly for private, personal and non-commercial use.
12. INTELLECTUAL PROPERTY
12.1 Client agrees that any invention, patent, industrial design, copyrightable document, Website content or object as well as any technical, scientific, marketing or commercial know-how or trade secret relating to the Product, including but not limited to any inventions, patents, copyright and industrial design (hereinafter described as the “Industrial Property”) is the exclusive property of Therma-Kleen.
12.2 Client recognizes and acknowledges that all the trademarks applied on or otherwise used in relation to the Product, whether registered or not (the “Trademarks”), are the exclusive properties of Therma-Kleen.
12.3 Client will not take any action which might invalidate any such Trademark or any registration thereof, impair any rights of Therma-Kleen or create any rights adverse to those of Therma-Kleen. Without limiting the foregoing, Client shall not, during the course of this Agreement and thereafter, adopt, use, register or seek to register in any class in any country or territory, any trademark which includes or is confusingly similar to any of the Trademarks.
12.4 No element of this website shall be interpreted as creating, implicitly or expressly, a licence or a right of use or of duplication of any and all trademark, except with the express written consent of Therma-Kleen or of any other party susceptible to own any such trademark. Therma-Kleen enforces its intellectual property rights to the full extent prescribed by law.
12.2 Client recognizes and acknowledges that all the trademarks applied on or otherwise used in relation to the Product, whether registered or not (the “Trademarks”), are the exclusive properties of Therma-Kleen.
12.3 Client will not take any action which might invalidate any such Trademark or any registration thereof, impair any rights of Therma-Kleen or create any rights adverse to those of Therma-Kleen. Without limiting the foregoing, Client shall not, during the course of this Agreement and thereafter, adopt, use, register or seek to register in any class in any country or territory, any trademark which includes or is confusingly similar to any of the Trademarks.
12.4 No element of this website shall be interpreted as creating, implicitly or expressly, a licence or a right of use or of duplication of any and all trademark, except with the express written consent of Therma-Kleen or of any other party susceptible to own any such trademark. Therma-Kleen enforces its intellectual property rights to the full extent prescribed by law.