Terms of Service
Last Updated: May 10, 2021
Welcome to our website! Our Terms of Service govern Aeroblaze Laboratory Inc.'s relationship with you in relation to our testing and certification services.
Aeroblaze Laboratory, Inc. (“Aeroblaze”) offers its services conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By purchasing from Aeroblaze, you ("you" or the "customer") agree to be bound by the following. Any purchase or agreement for service between you and Aeroblaze shall be governed by and incorporate these Terms of Service.
An order will not be deemed accepted before Aeroblaze reviews the order and notifies you that your order is accepted or in process.
Reports of findings pertain only to the samples, information, and instructions provided and not of the lot from which they were drawn or any undisclosed information or variations of the sampled material. Aeroblaze is not responsible for service errors resulting from the qualities of provided samples, information, or instructions, or lack thereof. A service is nonconforming if it is does not conform to the customer specifications, or if specifications were lacking, to Aeroblaze advertisements or reasonable or customary trade practice. Test samples must conform to applicable regulations or test plans, when relevant.
Aeroblaze may, without notice, and at its sole discretion, unless otherwise agreed upon with the customer, in any way dispose of samples which have completed testing. Aeroblaze may delegate any part or all of its obligations to an agent or subcontractor, and you authorize Aeroblaze to disclose any information necessary for the agent or subcontractor’s performance.
Unless agreed upon otherwise, payment is due at the time of order, or, if applicable, as stated on the invoice. All taxes shall be the responsibility of and paid for by the customer. Prices listed on price sheets may be superseded by subsequently published price sheets or provided quotes. The prices listed on the website or on any price sheet may not include taxes.
Charges will accrue on any amounts payable hereunder from their due date at the lesser of (i) up to 18% per annum, or (ii) the maximum rate permitted by applicable law. In any action to collect an unpaid balance, the customer will pay Aeroblaze's costs, including reasonable attorneys' fees. Aeroblaze may also defer further services or offset monies owed to the customer, relating to any agreement between the parties, until all payments in default are paid. If a customer fails to make any payment to Aeroblaze in a timely manner under any agreement between the parties, or if the customer declares bankruptcy or otherwise presents an unreasonable risk to Aeroblaze, Aeroblaze may accelerate any future payments owed to Aeroblaze or suspend or terminate provision of services.
Cancellations, Modifications, and Returns
Placed orders may not be cancelled or modified after services (including preparation for services) have begun to be performed. If approved, the terms and manner of and dollar amounts related to cancellation or modification for refund shall be at Aeroblaze’s sole discretion, and Aeroblaze may elect to charge fees for costs incurred.
Any claims of nonconformity must be made within 5 (five) days after delivery of the deliverables, or any claims are deemed waived and forfeited. Aeroblaze at its own discretion may ask the customer to provide whatever form of evidence of nonconformity it deems appropriate. Aeroblaze will resolve substantiated claims of nonconformity, at its own discretion, by amending, replacing, or refunding the services, at Aeroblaze's expense.
These remedies are exclusive remedies of the first purchaser. To initiate a cancellation or other claim, or if you have any other related questions, you may contact Aeroblaze at firstname.lastname@example.org.
Aeroblaze shall not be responsible for any loss, delay, or non-fulfillment due to war, fire, flood, strike, labor troubles, accident, riot, epidemic, act of government authority, or other contingencies beyond Aeroblaze's control interfering with service fulfillment.
You agree to indemnify, defend and hold harmless Aeroblaze and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (i) any negligence, misuse of services, or other action by the customer or any of its agents and assigns; (ii) your breach of these Terms of Service or the documents they incorporate by reference; or (iii) your violation of any law or the rights of a third-party.
Disclaimer of warranties
To the fullest extent permissible by law, Aeroblaze disclaims all representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of fitness for a particular purpose, title, and non-infringement. In no event shall Aeroblaze be liable for: (a) any nonconformities in the service due to the customer's own specifications or requests; or (b) injuries or expenses incurred to customer due to customer’s application of the services or service deliverables.
Limitation of Liability
In no case shall Aeroblaze Supply Co., its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, or employees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your purchase or application of any services or service deliverables, or for any other claim related in any way to your purchase or use of any services. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Aeroblaze’s liability shall be limited to the maximum extent permitted by law. In any case, Aeroblaze's aggregate liabilities arising out of or relating to any services purchased shall not exceed the value paid by the customer for the services at issue.
A sale by Aeroblaze of any service does not constitute a license of any of Aeroblaze's intellectual property, including product material and information, and a customer may not use the same for purposes unrelated to the purchase and application of the services purchased.
Severability & Interpretation
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service. Aeroblaze’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against Aeroblaze.
Unless expressly agreed upon otherwise in writing, these Terms of Service and any other agreements, policies, or operating rules posted by Aeroblaze on its website or otherwise provided to you constitutes the entire agreement and understanding between you and Aeroblaze and govern the parties’ sales agreement, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Aeroblaze (including, but not limited to, any prior versions of the Terms of Service).
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas.
Changes to Terms
Aeroblaze reserves the right, at its sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to Aeroblaze’s website or by sending you a new copy. It is your responsibility to check Aeroblaze’s website periodically for changes. Your continued purchasing of products following the posting of any changes to these Terms of Service constitutes acceptance of those changes. You can review the most current version of the Terms of Service at any time on Aeroblaze’s website.
Questions about these Terms of Service should be sent to Aeroblaze at email@example.com.
Related Policies:Terms & Conditions (for Website Use)