Terms of Sale Agreement
Usabol.com is an Internet e-commerce e-store operated by Omega Universal Technogies Inc., which permits you to have direct online access to product catalogs. This agreement shall govern your access and use of our website. By accessing the Usabol.com web site, you agree to be bound by the listed terms and conditions as listed within this agreement
Order Acceptance
Order modifications are acceptable before the order is submitted. By
submitting an order in Usabol.com's site you are accepting responsibility for
such order, payment, the shipping details and service level you selected. If you
refuse to receive the products ordered upon arrival, immediate evaluation of further
business with you will be conducted and you may be subject to cancellation fees
at the sole discretion on Usabol.com. Usabol.com will not consider any claim for
loss, indemnity or refund until liability, if any, has been established or agreed
up with the applicable manufacturer and where applicable the shipper and/or insurance
company.
Product Descriptions
Usabol.com does not warrant product descriptions or any content of this
site to be accurate, complete, reliable, current, or error-free. It is your responsibility
to make sure you are ordering the correct product for your needs. We only consider
the product's manufacturer part or model number as the valid identifier for the
transaction. If you receive a product from Usabol.com where the manufacturer's
product number does not match the manufacturer product number you ordered, please
follow our return procedure to ensure a credit to your account or immediate delivery
of the correct product.
Sales Policy
Our company offers catalogs of products to authorized resellers, value-added
resellers, service centers, as well as corporate and individual consumers. The
products listed for sale on Usabol.com's website are the only products made available
by Usabol.com, either directly or from various distributors who have made their
product catalogs available. All sales of product are considered final and shall
be governed solely by the terms and conditions of this Agreement along with any
other terms and conditions listed on Usabol.com's catalog and invoice, as amended
from time to time. Any conflicting terms in your purchase order or elsewhere are
without effect. Usabol.com reserves the right to accept or decline, at its sole
discretion, to sell you.
Our e-commerce engine dynamically displays real-time pricing and availability which changes periodically. If a price rises or the product becomes temporarily unavailable, we will alert you about the new price and display similar products for your selection. If the price drops, we will recalculate the price. Usabol.com shall ship product in accordance with the shipping method you defined through your selection as you place your order.
For Florida customers, Usabol.com shall calculate and add the applicable sales tax to the sale unless you provide us with a valid Florida Sales Tax Resale Certificate and provide us with a signed Sales Tax Exemption Certificate: available from us. Simply send us an e-mail. You shall be solely responsible for the collection, reporting and remittance to the appropriate tax authorities of any taxes assessed on the sale of product which was sold you under your tax exemption certificate. You agree to indemnify and hold Usabol.com harmless from and against all liability for sales and /or use taxes and import or export duties arising from or in any way connected with the sale of product.
Terms of Sale (Incoterms) Policy
We adhere to the principles laid down by ICC's INCOTERMS 200.
Clearance & Delivery Note:
Some countries impose a value or weight limit on the shipments that
can be cleared by the carrier. If your shipment exceeds this limit, you may have
to select a broker to clear the shipment for you. Please consult your broker or
select a broker in your country from our broker guide published in the Information
page. We have selected these brokers for their ability to work with our selected
carriers as well as process the clearance and delivery of your shipment in a timely
manner. If you select a broker from our broker guide, we will automatically forward
your order's documentation to them so they can initiate the clearance process.
The selected broker will contact you directly to arrange the payment of the applicable
clearance charges, duties, taxes and delivery charges.
Payment Terms
Prepaid: Unless otherwise specified, ordering from Usabol.com requires
a prepayment. For all prepaid orders, your funds must arrive at Usabol.com and
clear before we ship your order. Open Account: Usabol.com offers Net 30-day terms.
If you wish to apply for open account terms of sale, you must first complete,
sign, and fax us a Credit Application, which will be reviewed by our credit department.
Open Account terms of sale may also require the backing of an Irrevocable Standby
Letter of Credit in favor of Usabol.com - please refer to the standby Letter of
credit instructions available by e-mail. A letter of credit is a standard secured
financing tool used in this industry. In the event your payment does not arrive
within 5 days of the due date, we would issue a draft and draw against the Standby
Letter of Credit. Under Open Account terms of sale, your company agrees to pay
Usabol.com in full all invoice(s) on or before the due date. All unpaid invoices
shall bear interest at an amount equal to 1.5% of the outstanding balance per
month (or the maximum rate of interest allowed to be contracted for by law, whichever
is less), commencing upon the date payment is due. Your failure to make a timely
payment may also result in additional actions on our part, which would include
but are not limited to: initiating a collection proceeding, revoking your credit
line, holding your shipments, and delaying and canceling any future deliveries.
We may also seek the repossession of any delivered goods corresponding to unpaid
invoices as well as termination of any sales agreements in effect. Notwithstanding
any "net" payment provisions specified on the invoice, Usabol.com shall
have no continuing obligation to deliver Products on credit, and any credit approval
may be withdrawn by Usabol.com at any time without prior notice.
Payment Methods:
The approved methods of payment are displayed on checkout.
Wire Transfers
Our bank information will appear in your order confirmation e-mail after
you select ACH Transfer or WIRE Transfer as the payment method for your order.
We do not publish our bank information and account number for security reasons.
When sending a wire or ACH transfer, please be sure to include your LatinTech
account number and order reference number in the wire reference field or notes.
Important Credit Card Conditions
You agree that by asking Usabol.com to accept payment by credit card,
Usabol.coms Customer Service Policy supercedes your ability and right to dispute
a credit card charge. You agree that you cannot dispute a credit card charge if
either: (1) the corresponding order was placed under your Account Numberb and
Password; (2) the order was delivered to an address different than the one on
your credit card providers database. If you give your Account Number, PIN code
and Password to another person, you are enabling access to your account and allowing
that person to modify your account, including adding other shipping addresses,
and place orders under your account using your default credit card information.
You are responsible for the security of your Account Number, PIN code and Password
and for any resulting purchases made under your account.
Transportation Options
At the time you place the order, you are selecting the transportation
option. We ship your order on the day they arrive in our warehouse and we will
notify you when we have shipped your order. If you have any questions, please
e-mail us.
Export Compliance Policy
Usabol.com is committed to complying with all export regulations set
forth by the United States of America. All products and services purchased from
Usabol.com are subject to all pertinent import and export laws, and regulations
of the United States. These include but are not limited to the rules cited by
the U.S. Export Administration Regulations (EAR). Transaction are also subject
to the EAR's Restrictive Trade Practices or Boycotts regulations. You agree that
you will not transfer, export or re-export, directly or indirectly, to any person,
firm or country on the: Denied Persons List, Debarred Parties or Specially Designated
Nationals lists or to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria and
any other country designated by the U.S. Government, as prohibited by U.S. law.
You agree that you will not transfer, export or re-export, directly or indirectly
technical data, for use or to users in military or proliferation activities (Nuclear,
Missile, Chemical or Biological Weapons) without an approved U.S. export license.
You agree that you will not export or re-export any products purchased from Usabol.com
except in compliance with all applicable U.S. export control regulations and any
requirements imposed by the authorities in the country of exportation. These requirements
shall survive the termination of our relationship with you.
Account Information
Your Account Number and Password are your sole responsibility. You should
take all necessary actions to safeguard their security and their use in accessing
and ordering products from Usabol.com. You should not disclose your Account Number
and Password to any other person. We recommend that you setup additional PIN Codes
in order to authorize other individuals to order from the Usabol.com site. Please
be aware that these additional users would be ordering under your account's terms
and conditions. You will be solely responsible for all unauthorized use of your
Password by its employees or by third parties. Please keep in mind that if you
set up your account to bill your credit card, by authorizing another user on your
account, you are authorizing them to also place orders and bill them to the credit
card number that you provided.
Security
Our site is operated on a Secure Server under a DigiCert SSL Web Server
Certificate. Authentic Sites using DigiCert SSL Web Server Certificates offer
secure communications by encrypting all data to and from the site. DigiCert has
verified our company registration documents and the site's registered domain name
before issuing an SSL certificate. You may check the site's validity yourself
by clicking on the DigiCert logo. We recommend that you always check a site's
certificate before entering any sensitive information.
Privacy
It is our policy not to share any information about our customers without
your express permission or unless compelled to comply with Florida law, or protect
the rights, property, or safety of Usabol.com, our users, or others. This policy
includes exchanging information with other companies and organizations for fraud
protection and credit risk reduction. If you have any concern about privacy at
Usabol.com, please send us an e-mail and we will address it.
About Cookies
Cookies are alphanumeric identifiers that we transfer to your computer's
hard drive through your Web browser to enable our systems to recognize your browser.
Credit Card Processing Information
We work to protect the security of your information during transmission
by using Secure Sockets Layer (SSL) software, which encrypts information you input.
We reveal only the last five digits of your credit card numbers when confirming
an order. Of course, we transmit the entire credit card number to our credit card
processor during order processing. We further protect you by storing the different
parts of your credit card information in separate data tables located on servers
that cannot be accessed from the Internet or from any other workstations in our
office. Usabol.com PROTECTS CREDIT CARD PAYMENT TRANSACTIONS. Credit card fraud
is a felony and we will aggressively prosecute anyone attempting to misuse a credit
card number. We track transactions and use all reasonable means available to report
persons attempting fraud. For your protection and for fraud detection purposes,
we record and store the IP address each time you log onto our site. All suspicious
transactions will be investigated and reported to credit card companies.
Pricing Errors
Latintech is not liable for pricing errors. If you place an order for
a product that was incorrectly priced, we will cancel your order and credit you
for any charges.
Returns Procedure
We authorize and process returns only for items purchased from Usabol.com
In order to obtain a return authorization, which is required under Usabol.coms
policy, choose the issue that applies to your case from our information page,
and complete what is requested. Usabol.com will answer you with a specific resolution
for your request based on the manufacturers warranty policy.
Buyer's Remorse
Consumers sometime have second thoughts often enough that there's even
a name for the condition: buyer's remorse. A buyer worries that they made a wrong
choice, paid too much, did not really need the product, or did not research the
product thoroughly enough. We start with the proposition that once you place an
order from us, our sale to you has been finalized. Your order is irrevocable and
you're committing yourself to accepting the shipment of the ordered product as
you specified it and to abiding by the terms of the agreement. In other words,
a submitted order is a done deal, subject only to the terms and conditions contained
within it.
Product Warranty
To obtain information about product warranties, please consult your
warranty information that accompanied your product or contact the manufacturer
directly. Usabol.com ONLY warrants that it has good title to or license to supply
all products to customers. Usabol.com makes no additional or independent warranty.
All other warranties, express or implied, including the warranties of merchantability
and fitness for a particular purpose are disclaimed. We do not warranty products
in any way. In the event that any products should fail to conform as expected
or in conformance with the product description, we will assist you to the best
of our abilities to contact the manufacturer to exercise your rights as the product's
consumer. You should read their product warranty policies carefully before purchasing
their products. EXCEPT AS SPECIFICALLY SET OUT ABOVE, Usabol.com DISCLAIMS AND
EXCLUDES ALL OTHER WARRANTIES, WHETER EXPRESS OR IMPLIED BY STATUE OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF DESCRIPTION, DESIGN, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM ANY PREVIOUS COURSE OF DEALING,
CUSTOM OR TRADE PRACTICE.
Customer Service Claims
Please e-mail us the particulars concerning any issue you encounter
by filling out the Customer Service Form in our site. By submitting the completed
form Usabol.com will be able to respond to your specific request promptly and
properly.
Website Use
You may use the Usabol.com Website only if you are eighteen (18) years
of age or older. The Site is available only to individuals and businesses who
can form legally binding contracts under applicable laws.
Website Content
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 Usabol.com, its affiliated companies, or its suppliers, is
subject to their policies, and protected by United States and international copyright
laws. We make no warranty, either expressed or implied with respect to the accuracy
of the information, including prices, product editorials, product specifications
or advertising. Usabol.com believes all information is current at the time of
publication and may be subject to change without notice. Usabol.com may change
the terms and conditions of this agreement from time to time in its sole discretion,
and such changes shall become effective upon publication in the Usabol.com web
site. Access or use of the Usabol.com web sites on your part after the date of
any posted changes shall constitute you acceptance of the Agreement as amended.
Usabol.com reserves the right at its sole discretion, to restrict or deny access
to the site, delete information or suspend or halt any sales on the site. Usabol.com
may at any time change, suspend or discontinue any aspect of the functionality
or services displayed, including the availability of any feature, database or
content. Usabol.com makes no representation or warranty regarding the accuracy
of any information displayed through the Usabol.com e-Commerce web site.
Other Parties
We provide links to the sites of affiliated companies and certain other
businesses. Although we make every effort to provide helpful and informative links
in response to our customers' needs, we are not responsible for evaluating these
sites or their companies and we do not warrant their offerings in any way. We
do not assume any responsibility or liability for the actions, product, and content
of all these and any other third parties. You should carefully review their privacy
statements and other conditions of use.
Disclaimer of Warranties & Limitation Of Liability
You waive and release Usabol.com from any and all claims, demands, and
damages of every kind and nature arising out of or in connection with your access
or use of the Usabol.com web site. Usabol.com does not warrant that this site,
its servers, or e-mail sent from Usabol.com are free of viruses or other harmful
components. Usabol.com will not be liable for any damages of any kind whatsoever
arising from the use of this site, including but not limited to direct, indirect,
incidental, punitive, and consequential damages. Our site is operated on a Secure
Server under a Digicert SSL Web Server Certificate and we use SSL ("Secure
Sockets Layer") and other similar encryption technologies to encrypt communications
with you and protect the confidentiality of such communications from unauthorized
third parties. Given the nature and current development of the internet there
can be no guarantees that such technologies will always operate as intended and
maintain the confidentiality as expected. Accordingly, you agree that Usabol.com
shall not be liable for any failure by the technologies employed by Usabol.com
to protect our communications from disclosure. Usabol.com does not represent or
warrant that the information published, distributed or otherwise accessed through
Usabol.com's web sites, including without limitation information regarding Products
and pricing, is accurate or complete. Therefore, and without limiting the generality
of other disclaimers in this Agreement, Usabol.com expressly disclaims any representation
or warranty that the information published, distributed or otherwise accessed
through Usabol.com's web sites is accurate, complete, timely or reliable. If any
provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable,
then that provision shall be deemed severable from these terms and conditions
and shall not affect the validity and enforceability of any remaining provision.
This agreement may be terminated at any time by Usabol.com upon notice; provided,
however, that the indemnities provided herein shall survive the termination or
expiration, for any reason, of this agreement. This agreement and Usabol.com's
invoice terms set forth the entire agreement and understanding of the parties
relating to the subject matter hereof and supercedes all prior discussions and
agreements between the parties relating to the subject matter hereof. Usabol.com
may modify these terms, as well as any aspect of the information or the functionality
of the Usabol.com web sites, at any time in its sole discretion. If Usabol.com
makes any changes to these terms and conditions, your subsequent access of the
Usabol.com web sites constitutes acceptance of these changes. The construction,
validity and performance of this Agreement shall be governed under the laws of
the State of Florida, United States of America. Sole and exclusive jurisdiction
for any action or proceeding arising out of or related to this Agreement shall
be an appropriate state or federal court located in Miami, Florida, United States
of America.
License and Site Access
Usabol.com hereby grants you a nonexclusive, nontransferable, limited
right to access and use the Usabol.com web site in order to browse and order products
according to the terms of the relationship established with Usabol.com reserves
all rights not expressly granted to you pursuant to this Agreement. You are not
permitted to download (other than through page-caching) or modify any portion
of Usabol.com's site except with our written consent. You are not permitted to
resale or make commercial use of this site or its contents. This license does
not include any collection and use of any product listings, descriptions, or prices
or any derivative use of the site or its contents. This license does not authorize
any downloading or copying of account information for the benefit of another merchant,
for data mining, or any data gathering and extraction tools. You may not reproduce,
copy or resell our site or any portion of our site. You may not commercially exploit
our site, its content or functionality without our express written consent. You
may not frame or utilize framing techniques to enclose any trademark, logo, or
any other part of our site or its content. This also applies to our proprietary
information (images, logos, text, page layout, etc.) as well as that belonging
to our suppliers, partners or other providers. You may not use any meta- tags
or any other "hidden text" utilizing our name or trademarks without
our express written consent. If we discover any unauthorized use on your part,
we will immediately terminate the permission to access our site.
Disputes
Any dispute relating in any way to your visit to Usabol.com or to products
you purchase through Usabol.com shall be submitted to confidential arbitration
in Florida, except that, to the extent you have in any manner violated or threatened
to violate Usabol.com's intellectual property rights. Usabol.com
may seek injunctive or other appropriate relief in any state or federal court
in Miami, Florida, United States of America, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other party
subject to this Agreement, whether through class arbitration proceedings or otherwise.
Our Legal Address
OMEGA UNIVERSAL TECHNOLOGIES - USABOL.COM
1031 Ives Dairy Road, Suite 228
Miami, Florida FL 33179
Tel: 305-914-3776