Terms & Conditions of Use
VC America provides its services to you and offers to sell and delivery products or service to you in accordance with the terms and conditions set forth herein. If you visit or shop at the VC America website, you accept these conditions. Please read them carefully. In addition, when you use any current or future VC America product or service or visit or purchase from any business affiliated with VC America, whether or not included in the VC America website, you also will be subject to the guidelines and conditions applicable to such service or business. These Terms apply to all sales made by VC America unless expressly agreed by VC America in writing and signed by an officer of VC America. These Terms apply in lieu of any course or dealing between the parties or usage of trade in the industry. Terms may conflict with some terms and conditions affixed to the purchase order or other procurement document issued by the Buyer. In such case, the Terms contained herein shall govern, and acceptance of Buyer's order is conditioned upon Buyer's acceptance of the terms and conditions herein, irrespective of whether the Buyer accepts these conditions by a written acknowledgement, by implication, or acceptance and payment of products ordered hereunder. VC America's failure to object to provisions contained in any communication from Buyer shall not be deemed a waiver of the provisions herein. Any changes in the Terms contained herein must specifically be agreed to in writing signed by an officer of VC America before becoming binding on either party.
Your User Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. VC America and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
TERMS OF SALE
Payment terms are by major credit card. VC America accepts Visa, MasterCard, and American Express. Your credit card or account will not be charged until your order ships from our warehouse.
VC America website product listings, specifications and pricing are subject to change without notice. Prices shown herein reflect the latest information available at the time. Prices charged will be those prevailing when an order is placed, unless otherwise agreed to in writing. All prices are exclusive of any present or future sales, revenue or excise tax, value added tax, turnover tax, import duty (including brokerage fees) or other tax applicable to the manufacture or sale of any product. Such taxes, when applicable, shall be paid by Buyer unless Buyer provides a proper tax exemption certificate. Despite our best efforts, a small number of the items in our website may be mispriced. If we discover a mispricing, we will do one of the following:
If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Availability & Delivery
Upon receiving your order, VC America will ship the product ordered, subject to availability. Your credit card or account will not be charged until your order ships from our warehouse. Unless otherwise agreed in writing, sales are F.O.B. VC America's facility in Las Vegas, Nevada, USA. VC America may deliver products in one or more consignment and invoice each consignment separately. VC America reserves the right to ship product that is not subject to cancellation in advance of the agreed shipping date. Unless otherwise agreed in writing, delivery time is not of the essence. Except as specified herein, VC America does not accept liability for any loss arising from delay in delivery of products.
Shipping Domestic Orders
There is no minimum for domestic orders. All orders are shipped via the method you select and are FOB shipping point. There is a $5.00 handling fee added to all orders, along with the freight carrier fee for the shipping method you select. The combined shipping and handling charges will be added to your order. VC America does not ship to P.O. Boxes. Upon receipt of your order, an invoice will be emailed to you with details of the charges. Title shall pass upon delivery to the carrier at point of shipment and thereafter, all risk of loss or damage shall be upon the customer.
Shipping International/Export Orders
There is a $100.00 minimum for orders shipped outside of North America. Payment for international orders is by credit card or advance wire transfer only. Upon receipt of your order, a proforma invoice will be presented for payment. All products purchased under these terms and conditions are subject to export control laws, restrictions, regulations and orders of the United States of America. The customer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, product to any prohibited or embargoed country or to any denied, blocked or designated person or entity as mentioned in such U.S. or foreign law or regulation. The customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons list of the U.S. government and is not otherwise prohibited by law from purchasing the products or services hereunder. The customer shall be responsible to obtain any license to export, re-export or import as may be required. There is a $5.00 handling fee added to all orders, along with the freight carrier fee for the shipping method you select. The combined shipping and handling charges will be added to your order. All orders are shipped via the method you select and are FOB shipping point. Title shall pass upon delivery to the carrier at point of shipment and thereafter, all risk of loss or damage shall be upon the customer.
VC America accepts merchandise returns subject to the terms outlined below and will replace the product or refund your money at your option. Contact a Sales Representative at (702) 597-2495 or firstname.lastname@example.org to obtain a Return Merchandise Authorization (RMA) number prior to returning product. All returns must be made within 30 days of invoice date and be accompanied by a copy of the invoice and a brief explanation of the reason for the return. Return freight charge must be prepaid. C.O.D. returns are not accepted. Returned merchandise must be in original packaging and in resalable condition. Products returned due to customer error may be subject to a 10-50% restocking charge. Special order and custom items or "Non-Cancelable/Non-Returnable" items are not eligible for return.
Prohibitions and Life Support
Products sold by VC America are not authorized or recommended for use in life support devices or systems, surgical implant, nuclear, military or commercial aircraft applications, or for any use or application in which the failure of a single component could cause substantial harm to persons or property without the express written approval of an officer of VC America. The customer assumes all risk and liability for use in such applications and agrees to indemnify VC America and its affiliates for all damages that may be incurred due to the use of these VC America products in these prohibited applications.
VC America's sole obligation for products that prove to be defective within 30 days of purchase will be for replacement or refund. VC America gives no warranty; either expressed or implied, and specifically disclaims all other warranties. In no event shall VC America's liability exceed the buyer's purchase price.
VC America shall not be liable for any damage or penalty for delay in delivery or for failure to give notice of delay when such delay is due to the elements, acts of god, acts of the Buyer, act of civil or military authority, war, riots, concerted labor action, shortages of materials, inability to procure or ship product or obtain permits and licenses, insolvency or other inability to perform by the manufacturer, delay in transportation, any other commercial impracticability, or any other causes beyond the reasonable control of VC America. The anticipated delivery date shall be deemed extended for a period of time equal to the time lost due to any delay excusable under this provision.
When you visit VC America or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of VC America or its content suppliers/affiliates and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of VC America and protected by U.S. and international copyright laws. All software used on this site is the property of VC America or its software suppliers and protected by United States and international copyright laws.
License and Site Access
VC America grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of VC America. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of VC America. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of VC America and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing VC America's name or trademarks without the express written consent of VC America. Any unauthorized use terminates the permission or license granted by VC America. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of VC America so long as the link does not portray VC America, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any VC America logo or other proprietary graphic or trademark as part of the link without express written permission.
VC America and its affiliates attempt to be as accurate as possible. However, VC America does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by VC America itself is not as described, your sole remedy is to return it in unused condition.
Buyer agrees to comply fully with all laws and regulations concerning the purchase and sale of products. In particular, Buyer agrees to comply with the Export Administration Regulations of the United States in so far as they apply to the sale of products. The products are licensed by the United States for delivery to the ultimate destination as shown on the shipment/invoice address and any contrary diversion is prohibited.
Intellectual Property Rights
The products offered for sale by VC America may be subject to patent, trademark, copyright, design or other rights of third parties. VC America shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights.
Actions by VC America for nonpayment by the customer for the purchase price of products sold by VC America, or for redress of other breaches by the customer of these terms and conditions of sale may be brought by VC America, at its option, before any U.S. or foreign judicial court of competent jurisdiction or at VC America's option, disputes between VC America and the customer including all claims for non-performance by VC America, shall be finally settled by arbitration in Las Vegas, Nevada, U.S.A. under the Commercial Rules of the American Arbitration Association, by a single arbitrator appointed in accordance with said Rules applying these Terms and Conditions of Sale and consistent provisions of the federal and state laws (except conflict of law rules) of the State of Nevada, U.S.A.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY VC AMERICA ON AN "AS IS" AND "AS AVAILABLE" BASIS. VC AMERICA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VC AMERICA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VC AMERICA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM VC AMERICA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VC AMERICA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Assignment and Subcontracting
VC America shall be entitled at all times to assign its rights under the contract (in whole or in part) or to subcontract any part of the work or services to be provided under the contract as it deems necessary or desirable.
Any notice hereunder shall be deemed to have been given if sent by prepaid first class mail to the party concerned at its last known address. Notice to VC America shall be to the office located at VC America, Inc., Attention: President, 9101 West Sahara Avenue Suite 105-E10, Las Vegas, NV 89117.
Failure by VC America to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.
By visiting VC America, you agree that the laws of the state of Nevada, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and VC America or its affiliates.