Terms & Conditions of Sale
Pinkysil LLC Terms and Conditions of Sale
The following Terms and Conditions of Sale constitute the sole and entire agreement between you and Pinkysil® LLC (“Pinkysil®”), in connection with your purchase of products from Pinkysil® No terms or conditions contained in any acknowledgement, receipt, email or other communication from you shall bind Pinkysil® unless otherwise expressly agreed in writing by Pinkysil®. By submitting an order, you shall be deemed to have accepted these Terms and Conditions of Sale.
Prices are subject to change without notice. Prices do not include state and local taxes. Orders placed via Pinkysil® website must be paid for in full prior to despatch of goods. We accept VISA, MasterCard and PayPal payments.
Any claim concerning invoice amounts shall be made within ten (10) business days from date of receipt of invoice by Buyer, or shall be deemed void.
Typically, orders are processed and shipped within two (2) to three (3) business days from the date the order was placed, however, Pinkysil® does not guarantee a delivery date. If you have a specified delivery date, please contact Pinkysil® via e-mail. Pinkysil® shall pack and mark the Products according to its standard procedures for domestic and/or export delivery. Shipping charges will be calculated online or if above our shipping calculator quantities and quote will be emailed for your approval. Unless otherwise agreed in writing, all Products shall be sold and delivered Ex Works from the Pinkysil® California warehouse. Title and risk of loss shall pass to Buyer simultaneously with delivery. Buyer assumes all risk and liability for, and hereby agrees to indemnify Pinkysil® from and against all losses, liabilities, damages and claims whatsoever (whether for personal injury, property damages or otherwise), arising out of transportation, including unloading, storage, handling or use of any products after title passes to Buyer.
Pinkysil® charges sales tax where required by law. If you are shipping to states where sales tax is charged, the appropriate charges will be added to your merchandise total and displayed in your Pinkysil® Order.
Pinkysil® may, in its sole discretion, accept returns for unopened, unused material within thirty (30) days of the invoice date. Before returning any Product, Buyer must obtain a return authorization from Pinkysil®, which will be valid for no more than fifteen (15) business days from the date of Pinkysil®’s issuance, provided that Pinkysil® receives the returned Product within the 15 business-day period. Buyer must prepay all freight, however, Pinkysil® will issue Buyer a credit for freight where Pinkysil® determines that nonconforming Product has been delivered. A 10% restocking fee may be charged for processing the return. Refunds will be issued using the same form of payment initially used to make the purchase.
You hereby agree and acknowledge that Pinkysil®’s sales agents shall not have the authority to bind or in any way alter the terms and provisions of these Terms and Conditions of Sale. Your use of any goods and products purchased shall be deemed conclusively that all such goods and products are conforming and satisfactory to you.
Warranty/ Rejecting Non-Conforming Products
Pinkysil® warrants to you that all unopened products will, for a period of six (6) months from the shipment date, conform to the product specifications. The obligation of Pinkysil®, and your sole and exclusive remedy, pursuant to this warranty shall be for Pinkysil® (at its option) to repair or replace any defective product which is returned to Pinkysil®’s principal place of business, with transportation charges prepaid and thereafter determined by Pinkysil® to not comply with the terms of Pinkysil®’s warranty above. Notwithstanding the foregoing, Pinkysil® shall have no warranty obligation hereunder if the product becomes defective in whole or in part as the result of alterations not made by Pinkysil® or as the result of improper use or storage, or misapplication after it has been delivered to the you. Pinkysil® will replace non-conforming products rejected by you, provided that you report the non-conforming products to Pinkysil® in writing within thirty (30) days of the invoice date. If you fail to notify Pinkysil® of any non-conformance within thirty (30) days of the invoice date, you shall be deemed to have accepted all such products as delivered subject to Pinkysil®’s warranty obligations above. No repair or replacement under Pinkysil®’s warranty obligations will extend or enlarge the warranty period.
EXCEPT AS SET FORTH HEREIN, PINKYSIL® MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING UPON PINKYSIL®’S SKILL OR JUDGMENT TO SELECT OR FURNISH PRODUCTS OR GOODS SUITABLE FOR ANY PARTICULAR PURPOSE OR UPON ANY AFFIRMATIONS OF FACT OR PROMISES OF PINKYSIL® WHICH EXTEND BEYOND PINKYSIL®’S SPECIFICATIONS. IN THAT REGARD, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, YOU AGREE AND ACKNOWLEDGE THAT YOU ARE ACCEPTING THE PRODUCTS ON AN “AS-IS” AND “WITH ALL FAULTS” BASIS. FURTHERMORE, YOU HEREBY EXPRESSLY AGREE AND ACKNOWLEDGE THAT PINKYSIL® SHALL HAVE NO LIABILITY OF ANY NATURE HEREUNDER BEYOND REPLACEMENT OR REPAIR OF ANY DEFECTIVE PRODUCTS. PINKYSIL® SHALL HAVE NO LIABILITY OR OBLIGATION OF ANY NATURE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFITS) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR ORDER OR THE PRODUCTS REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN TORT, WARRANTY, CONTRACT OR ANY OTHER LEGAL AND / OR EQUITABLE THEORY, AND EVEN IF PINKYSIL® HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION HEREIN TO THE CONTRARY, IN NO EVENT SHALL PINKYSIL®’S TOTAL LIABILITY TO YOU EXCEED THE PRICE ACTUALLY PAID BY YOU FOR THE PRODUCTS.
Pinkysil®’s performance shall in all cases be subject to delays resulting from governmental requirements, strikes, or other concerted acts of workmen, fires, floods, explosions, riots, war or armed conflict (declared or undeclared), accidents, acts of God, acts of terrorism, and other causes reasonably beyond Pinkysil®’s control.
In the event that any provision of these Terms and Conditions of Sale shall be invalid, illegal or otherwise unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
No Transfer of IP
You and Pinkysil® expressly agree and covenant that except as otherwise expressly provided in a separate written agreement executed by you and Pinkysil®, the sale of the products shall not be construed as granting any right, license, interest or claim of any nature in any trademark, service mark, patent, trade secret, invention, intellectual property right, or confidential information of Pinkysil®. You agree and covenant not to copy, reverse engineer or otherwise decompile the products for any commercial purpose.
You shall be solely responsible for complying with any and all laws and/or regulations governing the exportation of any goods or products delivered hereunder from the United States and the importation of any such goods or products in the country of destination, including, without limitation, the payment of any taxes and/or duties thereof.
The waiver by Pinkysil® of any term, covenant, agreement or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, agreement or condition herein contained. No covenant, term, agreement or condition of these Terms and Conditions of Sale shall be deemed to have been waived by a party unless such waiver is in writing by such party.
These Terms and Conditions of Sale contain the entire understanding between the parties hereto with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understanding, inducements or conditions, express or implied, oral or written, among you and Pinkysil® with respect to your purchase of the products. These Terms and Conditions of Sale may only be amended in writing and signed by an authorized corporate officer of Pinkysil®.
You shall and hereby covenant to protect, defend, indemnify and hold harmless Pinkysil® (which for this purpose shall include Pinkysil®’s parent companies, affiliates, subsidiaries, associates, directors, officers, employees, agents, successors and assigns) of, from and against and from any and all losses or damages, including (without limitation) any judgments, civil penalties, interest, expenses and costs (including, without limitation, attorneys’ fees), claims, lawsuits, actions, proceedings or investigations (“Claims”) which are made or brought against Pinkysil® (or other person indemnified hereunder) by any person, government or entity arising out of or in any way related to (a) the death of or injury to any person or damage to any property that resulted or is alleged to have resulted from the negligence or wilful misconduct of you, your employees, subcontractors, and agents, in the performance of your obligations hereunder, or from your use of the products sold hereunder; (b) in connection with any drawings, schematics, promotional or advertising matter, guarantees, warranties, labels, or instructions furnished by you or submitted to Pinkysil® by you; (c) out of any infringement of any patent, design, trade name, trademark, copyright, trade secret, or any other intellectual property right or entitlement of any third party due to your use of the products; or (d) out of any environmental, property or toxic tort claim, lawsuit, judgment, loss, civil penalty or action.