Offer, Governing Provisions and Cancellations

This writing constitutes an offer or counter offer by Sanitube, LLC (“Seller”) to sell the products and/or services described herein in accordance with these terms and conditions. This writing is not an acceptance of any offer made by Buyer, and acceptance of this offer is expressly conditioned upon Buyer’s assent to these terms and conditions. Buyer will be deemed to have assented to these terms and conditions when:

(a) Buyer electronically or physically signs and delivers to Seller an acknowledgement copy of any of Seller’s quotation, order acknowledgement or invoice forms; or

(b) at Seller’s option, Buyer shall have given to Seller (orally or in writing) specifications of quantity, quality and/or type of goods, assortments thereof, delivery dates, shipping instructions, instructions to bill, or the like as to all or any part of the merchandise herein described; or

(c) Buyer has received delivery of the whole or any part thereof, or

(d) Buyer has otherwise assented to the terms and conditions hereof.

No additional or different terms or conditions will be binding upon Seller unless specifically agreed to in writing by an officer of Sanitube; no other representative has any authority to waive, alter, vary or add to the terms hereof. Seller hereby objects to any such additional or different provisions contained in any purchase order or other communication heretofore or henceforth received from Buyer. This contract and these terms and conditions shall constitute the entire agreement between seller and buyer, and shall be governed by and shall be construed according to the internal laws of the State of Florida, including its provisions of the uniform commercial code, the rights and obligations of buyer and seller shall not be governed by the provisions of the United Nations convention on contracts for the international sale of goods. No order may be cancelled or altered by the Buyer except upon terms and conditions acceptable to Seller, as evidenced by Seller’s written consent. In the event of such an approved cancellation by Buyer, Seller shall be entitled to payment of the full price, less the amount of any expense saved by Seller by reason of the cancellation.

Freight

We can ship to virtually any address in the world. While most fittings orders can ship via common express courier, please note that tubing must ship via truck. Certain fitting and tubing orders may qualify for full freight allowed to continental US destinations. Call Sanitube or click here for current freight allowance details. Sanitube will ship freight allowed orders the best and most economical way. This does not include priority shipping requirements such as air freight. Please also note that the shipping rates for many items we sell are weight-based. The weight of any such item can be found on its detail page. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound.

Delivery, Claims, and Force Majeure

Delivery of products to a carrier at Sanitube’s facility or other loading point shall constitute delivery to the Buyer, and regardless of shipping terms or freight payment, all risk of loss or damage in transit shall be borne by the Buyer. It is the Buyer’s sole responsibility to file all claims and bear all expenses related to loss or damage in transit. Sanitube reserves the right to make delivery in installments and, unless otherwise expressly stipulated, to separately invoice all such installments based on their respective shipping dates without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve the Buyer of its obligations to accept remaining deliveries. Claims for shortages or other errors in delivery must be made in writing to Sanitube within ten (10) days after receipt of shipment. Failure to give such notice shall constitute unqualified acceptance of all shipments made prior to Sanitube’s receipt of the Buyer’s notice of claim, and shall constitute a waiver of all such claims by the Buyer. All delivery dates are approximate. Sanitube shall not be liable for any damage as a result of any delay or failure to deliver due to any act of God, act of the Buyer, embargo or other governmental act, regulation or request, fire, accident, strike, slowdown or other labor difficulties, war, riot, delay in transportation, defaults of common carriers, inability to obtain necessary labor materials or manufacturing facilities or, without limiting the foregoing, any other delays beyond Sanitube’s control. In the event of any such delay the date of delivery shall be extended for a period equal to the time lost because of the delay. The Buyer’s exclusive remedy for other delays and for Sanitube’s inability to deliver for any reason, shall be rescission of this agreement.

 Security Interest

Title to the equipment sold hereunder, and all additions or accessions to any substitutions for such equipment, shall remain in the Seller as a security interest, and Buyer hereby grants to Seller a security interest in the goods sold hereunder, until the Buyer has completed payment of the purchase price, plus accrued interest, and fully performed all of the other terms and conditions hereof, at which time the Seller’s security interest is satisfied. The equipment covered hereby shall remain strictly personal property, irrespective of the mode of its attachment to realty, the consequences of its being disturbed or removed, or the use made of it. The Buyer shall maintain the equipment covered hereby in good condition and repair and not permit its value to be impaired. The Buyer shall not sell, mortgage, pledge or otherwise deal in or encumber the equipment or any part of it or permit it to be removed from the place where first installed (so long as any portion of the purchase price or accrued interest or any other sum due Seller under these terms of sale remains unpaid), without the Seller’s prior written consent. The Seller is authorized to inspect the equipment wherever located at any reasonable time or times. The equipment shall be insured by the Buyer at its own expense in an amount not less than the balance due to the Seller under this agreement, with loss, if any, payable to the Seller. Seller has no duty to protect, insure or realize upon the equipment.

 Taxes and Other Charges

Any manufacturer’s tax, occupation tax, use tax, sales tax, excise tax, value-added tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Seller and the Buyer shall be paid by the Buyer in addition to the prices quoted or invoiced. In the event the Seller is required to pay any such tax, fee or charge, the Buyer shall reimburse Seller therefore.

Pricing and Payment

Sanitube’s terms of payment are net 30 days from invoice date, unless otherwise specified by an executive officer of Sanitube. Failure to meet these terms will result in Buyer’s responsibility to pay for Sanitube’s collection expenses, including but not limited to attorney fees and court costs. Additionally, Buyer may be obligated, at Sanitube’s discretion, to pay service charges of at least 1.5% per month on my account’s past due balance. Any legal action related to Sanitube’s billing or collections shall be in Polk County, State of Florida. All prices are in US Dollars. Though Sanitube will always try to maintain pricing, please be aware pricing is subject to change without notice.

Returns

Sanitube will allow its customers to return any standard product, excluding tubing and special order or fabricated items, for any reason within 30 days of shipment, provided it is received in saleable condition. Total returns in one year cannot exceed 5% of the customer's previous year's sales. Certain products are excluded from this general return policy; contact Sanitube for information on specific products. To authorize a return, contact your Sanitube sales representative. We'll issue you a Return Materials Authorization (RMA), and will then notify you of your credit once we've received and processed the returned item. Return shipping will be at the customer's expense unless the return is a result of our error (you received an incorrect or defective item, etc.). All refunds related to returns that are not the result of our error will be subject to a 35% restocking charge. Any unauthorized returns will be scrapped or shipped back to the customer freight collect per the customer's choice.