Terms of Purchase
MANUFACTURERS' WARRANTIES
SALES LITERATURE
WARRANTY DISCLAIMER.
LIMITATION OF LIABILITY.
PROMPT DISPOSITION.
AVAILABILITY.
PRODUCT SUITABILITY.
NO WARRANTIES TO CONSUMERS.
ADDITIONAL TERMS
FORCE MAJEURE.
ORDER CANCELLATION
SECURITY INTEREST.
ASSIGNMENT.
MODIFICATION OF TERMS.
TRADEMARKS AND COPYRIGHTS.
COMPLETE AGREEMENT.
INDEPENDENT CONTRACTORS.
SEPARABILITY.
SALES
CROSS REFERENCE INFORMATION
PRODUCT INFORMATION
DOMESTIC ORDERS:
SALES POLICY - WHOLESALE ONLY.
PRICES HEREIN are net wholesale prices and are subject to change without notice.
Market sensitive commodity items will be priced according to current market
conditions.
QUOTATIONS on large quantities are available on request. Contact JCAI
SALES TAX.
JCAI is required to charge state and local tax on items for which sales tax exemption
certification has not been provided. When ordering please indicate clearly which items
are tax exempt.
PAYMENT TERMS.
CREDIT BALANCE.
FREIGHT POLICY
ORDERS SHIPPED OUTSIDE OF THE UNITED STATES:
EXPORT SALES TERMS AND CONDITIONS
ORDER ACCEPTANCE.
SALES TAX.
PAYMENT TERMS.
CREDIT BALANCE.
FREIGHT POLICY.
COUNTRY OF IMPORTATION.
EXPORT AND IMPORT LICENSES; PERMITS AND FREIGHT FORWARDER.
FOREIGN CORRUPT PRACTICES ACT.
GOVERNING LAW; LIMITATIONS.
DISPUTE RESOLUTION.
Web Site
When you (Purchaser) purchase any product from JCA International Inc. (JCAI) you are
entitled to its manufacturer's warranty against defective merchandise. Several of our
major manufacturers' policies prohibit us from accepting returns and require that you
contact them directly for assistance. These manufacturers (see table 1) will repair,
return or replace them in accordance with their own policies. For those warrantied
products that we are authorizied to accept JCAI will for a period of 90 days from date of
sale to original purchaser accept return of warranted defective merchandise, shipping
costs prepaid, and will facilitate warranty service with the manufacturer. Warranty
claims after 90 days must be made directly with the manufacturer. Warranties are
supplied with the product or are available from the manufacturer. JCAI’s obligation to
Purchaser for warranty claims shall in no case exceed the extent of
warranty fulfillment authorized by the manufacturer. As a service JCAI will obtain, for
products it sells, copies of consumer warranties from the warrantor and will furnish
them free of charge to Purchaser's who request them. Address requests to: JCAI,
Dept. W, 930 Brookline Lane, Park Ridge, IL 60068-2612 USA. Requests must
include the the manufacturer's model number of each product for which a copy of the
warranty is requested. Provide were possible JCAI sales invoice number and date of
purchase from JCAI.
JCAI may also furnish sales brochures and other literature of the manufacturer. JCAI
assumes no responsibility for the content of such brochures or sales literature by
performing this service.
NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN
AS SET FORTH IN THE LIMITED WARRANTY STATEMENT ABOVE IS MADE OR
AUTHORIZED BY JCAI. JCAI DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT
CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION
OR MISAPPLICATION, AND ANY DESCRIPTION DOES NOT EXPRESS OR IMPLY A
WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A
PARTICULAR PURPOSE.
ANY LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY
DISCLAIMED. JCAI'S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT
EXCEED, THE PURCHASE PRICE PAID.
JCAI will make a good faith effort for prompt correction or other adjustment with
respect to any product which proves to be defective within 90 days of it’s first sale.
Before returning any product, write or call JCAI, giving date and number of original
invoice, product number and describing defect. Title and risk of loss pass to
Purchaser on delivery to the common carrier.
Product availability is subject to change at any time. JCAI makes no representations
or warranties regarding product availability .
Many states and localities have codes and regulations governing sales, construction,
installation, and/or use of products for certain purposes, which may vary from those in
neighboring areas. While JCAI attempts to assure that its products comply with such
codes, it cannot guarantee compliance, and cannot be responsible for how the
product is installed or used. Before purchase and use of a product, please review the
product application, and national and local codes and regulations, and be sure that
the product, installation, and use will comply with them.
JCAI makes no warranties to those defined as consumers in the Magnuson-Moss
Warranty-Federal Trade Commission Improvement Act.
JCAI shall not be liable for any delay in or impairment of performance resulting in
whole or in part from Acts of God, severe weather conditions, labor disruptions,
governmental decrees or controls, insurrections, war risks, shortages, inability to
procure or ship product or obtain permits and licenses, supplies or raw materials, or
any other circumstances or causes beyond the control of JCAI in the conduct of its
business.
Cancellation of any order must be approved by JCAI, and may be subject to restocking
and other charges.
On any sales on open account, Purchaser hereby grants to JCAI a priority lien,
purchase money security interest and/or chattel mortgage in the products and any
accounts receivable or cash from resale thereof until full payment is made to JCAI
Purchaser agrees to file any financing statements or other appropriate document with
its governmental authorities to assure the validity, priority, and enforceability of the
lien. Purchaser agrees to inform JCAI immediately if it intends to use any import
financing or has or will be granting a lien or security interest on its inventory to any
third party.
Purchaser shall not assign any order or any interest therein without the written
consent of JCAI Any actual or attempted assignment without prior written consent from
JCAI shall entitle JCAI to cancel such order upon notice to Purchaser without liability to
JCAI.
JCAI's acceptance of any order is subject to Purchaser's assent to all of the terms and
conditions set forth in JCAI's acknowledgment, and Purchaser's assent to these
terms and conditions shall be presumed from Purchaser's receipt of JCAI's
acknowledgment, or from Purchaser's acceptance of all or any part of the goods or
services ordered. All other contrary terms and conditions are expressly rejected, and
no addition or modification of terms and conditions shall be binding upon JCAI unless
agreed to by JCAI in writing.
Purchaser acknowledges that it has no right, title or interest in the trademarks or
copyrights in the products, and Purchaser covenants that it will take no action to
register or otherwise interfere with such rights.
The terms and conditions in the JCAI web site, Terms of Access, forms,
acknowledgments, quotations, invoices and catalog sales terms and conditions, are
incorporated herein by reference and constitute the entire and exclusive agreement
between Purchaser and JCAI.
JCAI and Purchaser are independent contractors. Purchaser is not authorized to and
shall not make any representations on behalf of which are binding upon JCAI
If any provision of these Terms of Purchase shall be deemed illegal or unenforceable,
such illegality or unenforceability shall not affect the validity and enforceability of any
other legal provisions hereof which together shall then be construed as if such illegal
and unenforceable provision or provisions had not been inserted herein, unless such
illegality or unenforceability shall destroy the underlying business purpose of these
Terms of Purchase.
Due to government regulations and product availability, all. JCAI goods and services
may not be available in every area.
Product cross reference comparisons do not imply that all products compared are
available, or in the case of functional equivalency, that performance and other
characteristics are perfectly comparable. For critical applications, review
specifications prior to purchase.
JCAI's ability to keep product information accurate and up-to-date is limited by
manufacturers and other industry sources ability to provide product information.
THEREFORE, JCAI MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO THE
ACCURACY OF THE CATALOG DATA.
Identification is required from all purchaser's. Possession of our wholesale catalog
does not constitute the right to purchase from JCAI.
For Purchaser's with established credit, terms are net 30 days from date of shipment.
If credit is not established, please include payment with order or purchase through
Visa or Master-Card. Cash or anticipation discounts are not allowed. All payments
must be in U.S. dollars.
Purchaser agrees that any credit balances issued will be applied within one (1) year
of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY
BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND JCAI SHALL
HAVE NO FURTHER LIABILITY.
FREIGHT IS ADDITIONAL unless otherwise stated, to Purchaser's place of business
anywhere in the contiguous United States, using routing of our choice. Other terms
apply to Alaska, Hawaii, Puerto Rico and export orders. Contact JCAI for further
information. Any extra charge incurred for additional services, such as Purchaser's
carrier or special handling at the destination, must be paid by consignee. If any item is
backordered on an order qualifying for freight prepayment, that item will be shipped
prepaid. Title and risk of loss pass to Purchaser on delivery to the common carrier. If
product was damaged in transit, recipient must file claim with carrier.
OSHA HAZARDOUS SUBSTANCE & CALIFORNIA PROPOSITION 65 PRODUCT
INFORMATION.
Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances and a
list of product known to the State of California to cause cancer or reproductive harm
are available by contacting JCAI , Dept. MSDS, 920 Brookline Lane, Park Ridge, IL
60068-2612 USA.
The information and recommendations contained on the MSDS supplied by the
manufacturer are considered to be accurate and reliable. JCAI; however, makes no
warranty with respect to the accuracy or reliability of the information or the suitability of
the recommendations. JCAI disclaims any and all liability to any user thereof.
It is acknowledged that no order shall be deemed accepted unless and until it is
verified and accepted by JCAI in a continental United States facility. Purchaser further
consents that submission of its order shall subject Purchaser to the jurisdiction of the
courts of the United States and the state of acceptance.
JCAI is required to charge national, state, and local sales tax on all purchased items
for which a U.S. Purchaser sales tax exemption certification is not on file.
Unless otherwise agreed, all export sales are made on condition that Purchaser
make payment by cash in advance at the time of order, that Purchaser open an
irrevocable letter of credit in favor of JCAI prior to shipment payable by sight draft
drawn against such letter of credit, or that Purchaser establish satisfactory credit with
JCAI prior to shipment. For Purchaser's with established credit, terms are net forty-five
(45) days from date of shipment. At JCAI's option, export orders may be subject to
special export payment terms and quotations. Cash or anticipation discounts are not
allowed. All payments must be in U.S. dollars, and JCAI shall have the right to set-off
and deduction for all sums owed. If an open account Purchaser fails to make full
payment within forty-five (45) days from date of shipment, JCAI may defer shipment of
other orders, or cancel all or any part of any unshipped order until such payment is
made.
Purchaser agrees that any credit balances issued will be applied within one (1) year
of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY
BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND JCAI SHALL
HAVE NO FURTHER LIABILITY.
Unless varied herein, shipping terms are FCA (as defined by International Chamber
of Commerce Terms) closest U.S. airport or port of exit from JCAI, Inc. shipping
warehouse, except Hawaii or Alaska, using local shipping point and routing of JCAI,
Inc. choice. Shipments are freight collect from JCAI, Inc. shipping address. Purchaser
shall be responsible for obtaining insurance. At JCAI's option, freight policy for export
orders may be subject to special terms and conditions. If any item is backordered on
an order qualifying for freight prepayment, that item will be shipped prepaid as
Purchaser's exclusive remedy. Title and risk of loss shall pass to Purchaser on
delivery to the common carrier or vessel in the United States. If product is damaged in
transit, Purchaser must file claim exclusively with carrier, vessel and/or insurance
company.
Purchaser represents that it is purchasing the products for the purpose of exporting
them from the United States and importing them to the country specified in
Purchaser's purchase order. Purchaser agrees that the products will be shipped to
that destination in compliance with the laws of such country, and that there will be
no re-export or diversion. If requested by JCAI, Purchaser shall provide documentation
satisfactory to JCAI verifying delivery at the designated port of entry.
Notwithstanding anything contained herein and unless expressly agreed, Purchaser
shall be responsible for obtaining and paying for any permits, licenses, or other
governmental authorization(s) necessary for the exportation or importation of the
products into the designated country of importation, and it shall comply with all laws
and regulations thereof. Purchaser shall select and pay the freight forwarder who
shall solely be the Purchaser's agent. The freight forwarder's actions shall not be
deemed authorized by, or binding upon JCAI, Inc., unless expressly agreed to by JCAI.
Purchaser acknowledges that it is not the agent of JCAI and represents and warrants
that it has not and covenants that it will not pay anything of value to any government
employee in connection with the resale of the products.
These Terms and Conditions shall be construed, interpreted and performed
exclusively according to the laws, excluding conflict of law rules, of the State of Illinois,
United States of America. Any legal action with respect to any transaction must be
commenced within one year after the cause of action has arisen. The provisions of
the Uniform Commercial Code as adopted by the State of Illinois, and not the United
Nations Convention on Contracts for the International Sale of Goods, shall apply.
Actions by JCAI for nonpayment by the Purchaser of the purchase price of products
sold by JCAI, or for redress of other breaches by the Purchaser of the Terms and
Conditions of Sale, may be brought by JCAI, Inc. at its option, before any judicial court
of competent jurisdiction. At JCAI option, disputes between the Purchaser and JCAI,
Inc. including all claims for non-performance by JCAI shall be finally settled by
arbitration in Park Ridge, Illinois, USA, under the Rules of the American Arbitration
Association, which Rules with respect to matters not regulated by them shall
incorporate the UNCITRAL arbitration rules by one or more arbitrators appointed in
accordance with said Rules applying these Terms and Conditions and consistent
provisions of the internal laws (except conflict of law rules) of the State of Illinois, USA.
While efforts have been made to ensure the accuracy of this Web site, due to its open
nature, JCAI does not warrant its accuracy. Please review our Terms of Access for
additional information regarding this Web site.
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Table 1
Aqua Medic / Aqualine Buschke 877.208.2633
Aquaculture Systems Technologies 504.837.5575
Aqua Logic Inc. 858.292.4773
Current USA 760.727.7011
Dolphin Aquarium 850.434.9880
Emperor Aquatics, Inc. 610.970.0440
Hamilton Technology 800.447.9797
IceCap 800.742.3227
Red Sea Fish pHarm 888.733.7329
ReeFlo Inc. 877.378.6798
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rev. 1/1/2006
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