Diesel Fuel Polishing
Terms of Service
Pecuniary, Inc., owner of the diesel-fuel-polishing.com web site, is not the manufacturer of any products sold on the site, and all warranty is provided by the manufacturer or the products distributed or manufactured by AXI International, Inc. Pecuniary, Inc. acts only as a distributor. Pecuniary, Inc. provides no warranty or guarantee of any kind, expressed or implied, and all sales are processed by the following Terms and Conditions — General and the following Terms and Conditions of Sale, both as established by AXI International, Inc., which are subject to change without notice. This is not the AXI-International, Inc., web site.
Terms and Conditions — General
This website is operated by AXI International. Throughout the site, the terms “we”, “us” and “our” refer to AXI International. AXI International offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not complete or current. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on our website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the service for indefinite periods of time without notice to you.
In no case shall AXI International, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless AXI International and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida, United States of America.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
Terms and Conditions of Sale
The following terms and conditions of sale shall apply to any sale of goods and services by AXI. Purchaser shall be deemed to have full knowledge of the terms and conditions herein and such terms and conditions shall be binding if either the goods or services referred to herein are delivered to and accepted by Purchaser.
In the event of any conflict or inconsistency between the terms and conditions of sale herein and the terms and conditions contained in Purchaser’s order or in any other form issued by Purchaser, whether or not any such form has been acknowledged or accepted by AXI, AXI’s terms and conditions herein shall prevail. No waiver, alteration or modification of these terms and conditions shall be binding upon AXI unless made in writing and signed by a duly authorized representative of AXI.
Unless otherwise stated, AXI’s quotation shall be null and void unless accepted by Purchaser within thirty (30) days from the date of quotation. Purchase Order must accurately match AXI’s product description and reference the specific quotation number.
3. PRICES/COST OF TRANSPORTATION
All quoted prices are based on the current exchange rates, tariffs and costs of manufacture. Unless otherwise stated in the quotation, quoted prices are subject to change by AXI with or without notice until Purchaser’s acceptance. Prices are subject to correction for error. Unless otherwise stated, all prices are pre-pay and add to invoice and include packaging. Customary methods of transportation shall be selected by AXI and such transportation will be at Purchaser’s expense. Special methods of transportation will be used upon Purchaser’s request and at Purchaser’s additional expense provided reasonable notice of Purchaser’s transportation requirements are given by Purchaser to AXI prior to shipment.
Prices do not include Goods & Services Tax, State or Local Sales Tax. Accordingly, in addition to the price specified herein, the amount of any present or future sales or similar tax applicable to the sale of the goods hereunder or the use of such goods by Purchaser shall be paid by Purchaser to the entire exoneration of AXI.
5. LEAD TIME & DELIVERY
Lead time and delivery schedules are approximate and are based on prevailing market conditions applicable respectively at the time of AXI’s quotation and AXI’s acceptance of Purchaser’s order. Lead time and delivery shall also depend on the prompt receipt by AXI of the necessary information to allow for manufacturer’s engineering and manufacturing schedules. AXI may extend lead time and delivery schedules or may, at its option, cancel Purchaser’s order in full or in part without liability other than to return any deposit or prepayment which is unearned by reason of the cancellation.
6. FORCE MAJEURE
AXI shall not be responsible or liable for any loss or damage incurred by Purchaser herein resulting from causes beyond the reasonable control of AXI including, but without limitation, acts of God, war, invasion, insurrection, riot, the order of any civil or military authority, flood, weather, acts of the elements, delays in transportation, unavailability of equipment or materials, breakdown, sabotage, lock-outs, strikes or labor disputes, faulty castings or forgings, or the failure of AXI’s suppliers to meet their delivery promises. The acceptance of delivery of the equipment by Purchaser shall constitute a waiver of all claims for loss or damage due to any delay whatsoever.
7. SHIPMENT/DAMAGES OR SHORTAGES IN TRANSPORT/RISK
Except for obligations stated under “Warranty” herein, AXI’s responsibility for goods ceases upon delivery to the carrier. In the event of loss or damage during shipment, contact AXI immediately. Purchaser’s claim shall be against the carrier only. AXI will, however, give Purchaser any reasonable assistance to secure adjustment of Purchaser’s claim against the carrier provided immediate notice of such claim is given by Purchaser to AXI. Claims for shortages must be made in writing within seven (7) business days after receipt of goods by Purchaser. If AXI does not receive written notification of such shortages within seven (7) business days, it shall be conclusively presumed that the goods were delivered in their entirety. Unless agreed upon otherwise in writing, AXI reserves the right to make partial shipments and to submit invoices for partial shipments.
Title to the goods or any part thereof shall not pass from AXI to Purchaser until all payments due hereunder have been duly made, except as otherwise expressly stipulated herein. The goods shall be and remain personal or movable property, notwithstanding their mode of attachment to realty or other property. If default is made in any of the payments herein, Purchaser agrees that AXI may retain all payments which have been made on account of the purchase price as liquidated damages, and AXI shall be free to enter the premises where the goods may be located and remove them as AXI’s property, without prejudice to AXI’s right to recover any further expenses or damages AXI may suffer by reason of such nonpayment.
AXI shall not be liable for and shall be held harmless by Purchaser from any damage, losses or claims of whatever kind, contractual or delictual, consequential or incidental, direct or indirect, arising out of, in connection with or resulting from the sale governed hereby or the goods, including, but without limitation, the manufacture, repair, handling, installation, General Terms and Conditions of Sale. The following terms and conditions of sale shall apply to any sale of goods and services by AXI. Purchaser shall be deemed to have full knowledge of the terms and conditions herein and such terms and conditions shall be binding if either the goods and services referred to herein are delivered to and accepted by Purchaser, or if Purchaser does not within five (5) days from the date hereof deliver to AXI written objection to said terms and conditions or any part thereof.
Refer to AXI Limited Warranty document.
Unless otherwise expressly stipulated, the goods shall be installed by and at the risk and expense of Purchaser. In the event that AXI is requested to supervise such installation or provide commissioning services, AXI’s responsibility shall be limited to exercising that degree of skill customary in the trade in supervising installations or providing commissioning services of the same type. Purchaser shall remain responsible for all other aspects of the work including compliance with the local regulations.
12. RETURNED GOODS
No goods may be returned to AXI without AXI’s prior written permission. For return eligibility, Purchaser will need to inform AXI within 30 days of purchase. AXI reserves the right to decline all returns or to accept them subject to a handling/restocking charge. Even after AXI has authorized the return of goods for credit, AXI reserves the right to adjust the amount of any credit given to Purchaser on return of the goods based on the conditions of the goods on arrival in AXI’s warehouse. Credit for returned goods will be issued to Purchaser only where such goods are returned by Purchaser and not by any subsequent owner of the goods. Goods will be considered for return only if they are in their original condition and packaging.
13. TERMS OF PAYMENT
Unless otherwise stated, invoices on “open account” shipment are payable within thirty (30) days of invoice date. Unless specifically provided, no cash discount shall be available to Purchaser. AXI does not offer C.O.D. shipments. Should payment not be made to AXI when due, AXI reserves the right, until the price has been fully paid in cash, to charge Purchaser with interest on such overdue payments at the rate of 1.5% per month (18% per annum). The charging of such interest shall not be construed as obligating AXI to grant any extension of time in the terms of payment.
14. CHANGES AND CANCELLATION
Orders accepted by AXI are not subject to changes or cancellation by Purchaser once in production, except with AXI’s written consent. In such cases where AXI authorizes changes or cancellation, AXI reserves the right to charge Purchaser with reasonable costs based upon expenses already incurred and commitments made by AXI, including, without limitation, any labor done, material purchased and also including Supplier’s usual overhead and reasonable pro t and cancellation charges from AXI’s suppliers.
15. THE AGREEMENT
An acceptance of an official communication of Purchaser’s order by AXI shall constitute the complete agreement, subject to the terms and conditions of sale herein set forth, and shall supersede all previous quotations, orders or agreements. Applicable US laws shall govern the validity, interpretation and enforcement of these terms and conditions of sale and of any contract of which these terms and conditions are a part.
ADDENDUM TO GENERAL TERMS AND CONDITIONS OF SALE
2A. AXI BOM QUOTATIONS
Purchase orders for custom build products must include an accurate description of the products as provided in AXI’s BOM quotation. The purchase order must also reference the specific BOM number from AXI’s quotation.
3A. PRICES/COST OF TRANSPORTATION FOR INTERNATIONAL PURCHASE ORDERS
Once a purchase order is processed and customs paper work is led, additions or changes cannot be made to that specific purchase order. An additional purchase order will be required, and be shipped separately for any changes due to International Trade Regulations.
7A. SHIPMENT/DAMAGES/SHORTAGES IN TRANSPORT/RISK
Replacement deliveries for short shipment claims will be re-invoiced. The original shipment will be credited once the validity of the claim is verified.
CUSTOMER PICK-UPS & THIRD PARTY TRANSPORT
Customer pick-up and Third Party transport from AXI’s warehouse require approval in advance from AXI. AXI will provide reasonable assistance with loading product. AXI is not responsible for securing product and therefore not liable for any damage caused during transport to the delivery destination. AXI does not provide overnight storage for transport vehicles or trailers.
Orders tagged “Rush” or “Overnight” shipment will be subject to expedited shipping charges by the carrier. Orders must be received by 2 pm local time to ensure next day delivery.
12A. RETURNED GOODS
Allowance of sixty (60) days should be considered to issue credits pertaining to valid claims concerning Return Material Authorizations, short shipments, or price differences. Unwarranted returns are subject to a 15% restocking fee.
13A. TERMS OF PAYMENT
For new customers, a 50% deposit will be required at the time the purchase order is placed with the balance due prior to shipment. Acceptable payment methods include the following (for US customers only): Master Card, Visa, American Express, Bank Wire Transfer, ACH, Cash or Check. NET 30 credit terms may be requested once the first order has been processed. Please allow up to two weeks for the credit approval process. High value orders and custom orders may require a deposit regardless of established credit terms. A finance charge of 1.5% per month (18% APR) will be applied on all invoices over thirty days past due.