Terms & Conditions
Please read these terms and conditions carefully before using our website and services
Acceptance of Terms
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. Your use of this web site confirms your unconditional acceptance of the following terms and conditions. If you do not accept these terms and conditions, do not use this web site.
Limitations of Liability
DAX assumes no responsibility, or will not be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site.
COMPLETE LIABILITY EXCLUSION
IN NO EVENT will DAX or any of its respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Web Site, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages.
This includes damages resulting from lost profits, lost data or business interruption arising out of the use, inability to use, or the results of use of this Web Site, whether based on warranty, contract, tort or any other legal theory.
Your Sole Remedies
- Website Issues: Your sole remedy is to cease using this Web Site
- Product Issues: Seek remedies from the manufacturer or supplier according to their warranty
- Refunds: Request return and refund according to our posted shipping and order information
Revisions to Terms and Conditions
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you.
Important: Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.
Choice of Law & Jurisdiction
These Terms and Conditions supersede any other agreement between you and DAX to the extent necessary to resolve any inconsistency or ambiguity between them.
Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of laws.
Court Jurisdiction
Any legal action will be brought only in the federal or state courts of New Jersey.
A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form.
Termination
You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason.
Important Notice
You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
Product Information
The information contained in the Web Site is provided for informational purposes only and is not meant to be a substitute for information contained on product packaging or product instruction or information documentation.
Critical Warning: Do not use any product purchased through this web site contrary to any instructions or information provided on or in the packaging for such product.
Indemnity
You agree to indemnify and hold DAX and its parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:
- Your use of our Web Site
- Your connection to our Web Site
- Your violation of these Terms and Conditions
- Your violation of any rights of another party
Note: This indemnity survives termination of these Terms and Conditions.
Domestic Use & Export Restrictions
We control the Web Site from our offices within the United States of America. We make no representation that the Web Site or its content are appropriate or available for use in other locations.
International Users
Users who access the Web Site from outside the United States do so on their own initiative and must bear all responsibility for compliance with local laws.
Export Control Laws
United States export control laws prohibit the export of certain technical data and software to certain territories. No content may be downloaded in violation of US law.
No Waiver by Non-Enforcement
DAX's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us.
Severability
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions remain in full force and effect.
Time Limitation: Any claim or cause of action arising out of or related to use of the Web Site or our Terms and Conditions must be filed within one (1) year after such claim arose or be forever barred.
Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on this web site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only.
Imperial Dax Company ("DAX"), which operates this Web Site, makes all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
Important Legal Notice
By placing an order, you represent that the products ordered will be used only in a lawful manner. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws regarding the possession, use and sale of any item purchased from this Web Site.
Shipping Limitations
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site.
Important: All purchases from this Web Site are made pursuant to a shipment contract. Risk of loss and title for items purchased pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Accuracy of Information
We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date.
Product Variations
Products may be unavailable, have different attributes than listed, or carry different prices than stated.
Order Confirmation
Email confirmations do not constitute acceptance of orders or confirmation of offers to sell.
We reserve the right, without prior notice, to limit order quantities on any product or service and/or refuse service to any customer. We may also require verification of information prior to acceptance and/or shipment of any order.
Use of this Web Site
The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material.
Prohibited Uses
- Modifying information or materials in any way
- Reproducing or publicly displaying content for commercial purposes
- Distributing or using materials without authorization
- Any use that may violate copyright, trademark, or other laws
All copyrights in and to this website and its contents are the property of DAX. Any unauthorized use may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Disclaimers
IMPORTANT LEGAL DISCLAIMER
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND.
DAX DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Product Warranties
All products and services purchased on or through this Web Site are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any. We expressly disclaim all liability for product defects, normal wear, misuse, abuse, or improper selection.
Need Additional Assistance?
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us.
