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Conditions of Use

Pro Amenities, LLC

Terms and Conditions of Service

Notice to Customers: The sole terms and conditions applicable to all sales by Pro Amenities, LLC, to you (the customer) are as follows.

Pricing and Product: All pricing is US dollars, all prices, container options, formulations and product availability are subject to change without notice.

Order Acceptance: All orders, including those held by Pro Amenities for pending shipment, are subject to acceptance by our Richmond, VA office. Prices of product will be those in effect on date of shipment. Pro Amenities may defer shipments or at it's option, cancel all or part of unshipped order(s).

Payment Terms: All sales are credit card, advance check or money order unless credit terms have been established. Credit terms for established customers are net (30) days from date of shipment. At Pro Amenities' option, export orders may be subject to special export payment terms and conditions. In the event the customer fails to fulfill the terms of payment, or in case Pro Amenities shall have any doubt at any time as to the customer’s financial responsibility, Pro Amenities may decline to make further deliveries except upon receipt of cash or satisfactory security. Past due balances are subject to a late payment charge of 1 1/2% per month, or the maximum amount permitted by applicable law whichever is less. Customer shall reimburse Pro Amenities for all taxes, excise or other charges, which Pro Amenities may be required to pay to any government (foreign, national, state or local) upon the sale, production or transportation of the products sold hereunder. Customer shall pay all reasonable costs, fees (including attorney’s fees) and expenses incurred by Pro Amenities in collecting monies due or to become due hereunder. A small order handling fee will be charged for all orders under $15.00 in product value.

Waiver, Choice of Law and Venue: The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. Pro Amenities, it’s personnel and Customer do hereby agree to settle any dispute or claim, other than the payment of monies due Pro Amenities by Customer, through mediation and waive trial by jury in any action, proceeding, or counterclaim brought by either of the parties hereto against each other on any matters whatsoever arising out of or in any way with the sale or use of Pro Amenities' products The laws of the Commonwealth of Virginia, excluding conflict of laws shall govern all transactions, and venue shall be in the Commonwealth of Virginia, as Pro Amenities in its sole discretion determines.

Web Site Orders / Electronic Data Interchange (EDI): If Pro Amenities and customer have mutually agreed to use the Web Site / Electronic Data Interchange (EDI) system to facilitate sale transaction, customer agrees: that it will not contest (i) any contract of sale resulting from a Web Site / EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of Web Site / EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. Pro Amenities will use proper security procedures to protect Web Site / EDI records from improper access. The business records maintained by Pro Amenities regarding Web Site / EDI purchases made by the customer shall be controlling.

Assignment: Customer shall not assign an order or any interest therein without the prior written consent of Pro Amenities. Any actual or attempted assignment without Pro Amenities' prior written consent shall entitle Pro Amenities to cancel such order upon notice to customer.

Product Allocations: During periods of unusual sales demand Pro Amenities reserve the right to allocate shipment quantities of our brands to all customers. Such allocations will be based on all orders (including pending orders), will bear a relationship to each customer’s average shipment, and will apply on a proportionally equal basis to all customers.

Order Cancellations: Any cancellation must be approved by Pro Amenities, and may be subject to a 15% restocking charge and other charges.

Freight Policy: Unless otherwise stated, freight and shipping fees will be charged for shipments to a customer's place of business anywhere in the contiguous United States, using a carrier of Pro Amenities' choice. Other terms apply to Alaska, Hawaii, Puerto Rico and export orders. The customer must pay any extra charges incurred for additional services, such as customer's carrier or special handling by the carrier.

Pro Amenities offers assistance to customers in tracing delayed shipments.

Insurance: There is no insurance on Pro Amenities' merchandise in transit (other than coverage normally maintained by the carrier) unless the customer makes written request for additional coverage and agrees to pay the cost thereof.

Loss or Damage, Claims and Product Returns: Title and risk of loss or damage for all products supplied hereunder will pass at the F.O.B. shipping point, which is the point that the products were tendered to carrier and accepted in good apparent order by the carrier, which proves damage occurred while in the possession of the carrier. At the time of delivery it is the customer's responsibility to note any loss or damage apparent and concealed on your copy and on the carriers copy of the delivery receipt, retain products and shipping containers and call carrier immediately for an inspection and file a claim with the carrier.

No claims of any nature will be considered unless made in writing within 10 days after receipt of goods. Your satisfaction is guaranteed. If for any reason you are not completely satisfied with our Spa Analytics products, return the unused portion to our Richmond, VA office or Pro Amenities representative within 10 days of receipt for a full refund, less cost of shipping. All product returns must be issued a return merchandise authorization number (RMA) prior to returning product, or they will be refused at the door. For RMA numbers, call the office do not e-mail. Product returns are subject to a 15% restocking fee and other charges.

Limitation of Liability: Any liability for consequential and incidental damages is expressly disclaimed. Pro Amenities' liability in all events is limited to and shall not exceed the purchase price paid. It is expressly understood that Pro Amenities assumes no obligation or liability for advice given for the use of it's products or for results obtained, all such advise being given and accepted is at the customers risk.

Returnable Containers: Pro Amenities believes in being kind to the Earth. Therefore whenever possible Pro Amenities recycles 5 gallon pails, 15,30 and 55-gallon reusable drums to minimize landfill waste for intrastate shipments. Customers may be advised by Pro Amenities at the time of sale that all returnable containers used in connection with delivery of products shall remain the property of Pro Amenities. Such containers shall be used by the customer only for the reasonable storage of original contents and shall be returned empty and in good condition within 90 days from date of original shipment. If not returned within ninety (90) day limit, or damaged while in possession of the customer (as determined by Pro Amenities), then Pro Amenities has the right to collect damages equal to Pro Amenities' list price in effect at the time of shipment for a comparable container. Only capped, empty containers in good condition with original labeling will be accepted for return.

Force Majeure: Pro Amenities will not be responsible or liable for any loss or damage occurring by reason of any delay in performance or non-performance, including, but not limited to, acts of God, fire, flood, war, government action foreign or domestic, accident, explosion, labor trouble, inability to obtain material, labor, equipment or transportation facilities, breakage in machinery or apparatus, or any other cause beyond Pro Amenities' reasonable control. If by reason of any of the above, Pro Amenities is delayed in making any delivery hereunder, such delay will be excused and delivery suspended during the continuance of and to the extent of such cause: provided that if the total demand for Pro Amenities' products cannot than be supplied by Pro Amenities. Delivery will be made and taken as soon as possible after the removal or termination of such cause, provided that, if such delay exceeds one (1) year, the obligations of Pro Amenities and customer hereunder to make and take delivery will be terminated without liability, but the terms and conditions of sale shall otherwise remain unaffected.

No Third Party Benefit: It will be entirely customer’s responsibility and risk, and under no circumstances will any loss be paid by Pro Amenities should customer extend credit to any of our manufactures representatives prior to taking delivery of merchandise, whether by cash loan, sale or delivery of merchandise on credit or any other form of credit, or should customer cash checks other than this Company’s checks without requesting and receiving specific authorization in writing or by facsimile from our Richmond, VA office.

Minimum Age Requirement: You must be 18 years of age or older to accept this agreement and order from Pro Amenities' web-site, or have permission from your guardian to do so.

No Pro Amenities Representative or individual employee of this Company has the authority to alter any circular, letter or price list issued by Pro Amenities.

By placing an order with Pro Amenities' web site you have agreed to allow Pro Amenities or its agent the permission to e-mail you promotional offers. You also understand that if you do not want to be included in these promotional offers you can remove yourself at the time of receiving a promotional offer.

 

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