TERMS & CONDITIONS
Website Terms & Conditions
The use of the web site (the "Web Site") is subject to the terms and conditions stated herein and to the terms set by the Site Owner (C.S. Trading, LLC) located at www.csturfproducts.com. Use of the Web Site constitutes an agreement by you, the user, that your use is governed by these terms and conditions.
You are responsible for regularly reviewing this Agreement.
Ownership of Intellectual Property
The works of authorship contained in this Web Site, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by C.S. Trading LLC. United States and worldwide copyright laws and treaty provisions protect the contents of this Web Site. In accordance with these terms, except as stated above,
Appropriate Conduct and Prohibited Uses:
You agree that You are responsible for your own conduct and content while using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that when using the Service, You will not:
- Copy, reproduce, modify, use, republish, upload, post, publish, license, create derivative works from, transmit or distribute in any way material from the Web Site without express written permission;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;
- Upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the Rights or have the permission of the owner to post such Content;
- Upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
- Download any file posted by another that You know, or reasonably should know, that cannot be legally distributed in such manner;
- Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- Use services for any illegal or unauthorized purpose;
- Interfere with or disrupt services or servers or networks connected to Site Owners and/or ALM services, or disobey any requirements, procedures, policies or regulations of networks connected to C.S. Trading, LLC;
- Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of services or collect information about users for any unauthorized purpose;
- Submit Content that falsely expresses or implies that such Content is sponsored or endorsed by C.s. Trading, LLC.
- Create user accounts by automated means or under false or fraudulent pretenses;
- Promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
- Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
- Soliciting any of the individuals or companies listed on this web site for purposes of selling products or services is prohibited.
- International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
Products
Site Owner does not guarantee the availability of the products.
Activity Restriction
Site use is restricted to buyer/seller activities only.
DISCLAIMER OF WARRANTY
THE WEB SITES ARE PROVIDED "AS-IS" AND "WITH ALL FAULTS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, C.S. TRADING, LLC DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEB SITES, INCLUDING WITHOUT LIMITATION ITS FITNESS FOR A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, ITS PERFORMANCE, ITS NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, OR THE RESULTS OBTAINED BY USING THE WEB SITES. THE COMPANY DOES NOT WARRANT THAT THE WEB SITES ARE FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS.
C.S. TRADING, LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM C.S. TRADING LLC SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
LIMITATION OF LIABILITY
C.S. TRADING LLC SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITES. USE OF C.S. TRADING LLC WEB SITES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE C.S. TRADING LLC WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITES.
Indemnity
You will indemnify, defend and hold harmless C.S. Trading LLC and its officers, directors, employees and agents (each, an "Indemnified Party") from and against any and all claims, demands, losses, costs, expenses, liabilities and damages of any kind or nature whatsoever (collectively, "Damages") incurred by any Indemnified Party arising out of, in connection with or resulting from (i) your use of the Web Sites or (ii) your breach of this Agreement.
Governing Law/Arbitration
This Agreement shall be construed and governed by the State of South Carolina, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in South Carolina in all disputes arising out of or relating to the use of the Web Sites. Use of the Web Sites is unauthorized in any jurisdiction that does not give the effect to all provisions of these terms and conditions, including without limitation this paragraph.
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Standard Terms and Conditions of Sales
Download "Standard Terms and Conditions of Sales" (PDF)
All sales of Products from CST to its Customers shall be subject to the following general terms and conditions of sale, and these terms are not modified by any subsequent purchase order, order confirmation, invoice, receipt or other transaction document other than one which is signed by both parties and expressly alters these terms:
Shipment (a) Goods will be delivered by CS Trading, LLC (“CST”) Ex Warehouse CST’s place of storage in South Carolina (Incoterms 2000). (b) Delivery by CST shall be made within a reasonable period of time based upon availability. CST assumes no responsibility for delays prior to or during shipment due to causes beyond its control. (c) If requested, Goods shall be packaged by CST as required to assure common carrier acceptance. (d) A packing slip and bill of lading will be supplied with each shipment referenced by the Buyer’s purchase order number and CST’s part number(s). (e) All claims by Buyer for shortage or damage in transit are to be made promptly to the shipper with a copy to CST.
Additional Charges CST will assess additional charges to the Buyer for the Buyer’s account if CST packages the goods, arranges the Carriage, or loads the Goods at the Buyer’s request. See CST’s Shipping Terms. CST may also assess reasonable additional charges to the Buyer for any changes in the order including, but not limited to, charges occasioned by changes in specifications, quantities, delivery, schedule or cancellation.
Specification Changes CST reserves the right to provide Goods manufactured to later and more current engineering specifications where applicable if such current specifications do not affect interchangeability.
Sales All sales are deemed made in the State of South Carolina. The parties consent to exclusive jurisdiction and venue in Greenville, South Carolina for any dispute regarding the goods sold subject to these Terms.
Warranties CST is a reseller, and the Buyer’s sole warranty with respect to all Goods sold, is the respective Manufacturer’s Limited Warranty then in effect, a copy of which is posted on CST’s website. Written authorization from CST must be obtained prior to returning any Goods. No charges for transportation or for labor performed on CST sold products by unauthorized persons will be allowed.
Disclaimers: THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, EXTENDING BEYOND THAT SET FORTH IN THE PARAGRAPH ABOVE.
General Limitation of Liability CST’s liability under this agreement and in particular, CST’s liability for Breach of Warranty or Breach of Contract or Negligence shall be limited to repair or replacement of any defective or nonconforming Goods or, in the event the material cannot be repaired or replaced, refund of the purchase price. Goods for which a refund is due must be returned to CST with transportation charges prepaid. CST and Buyer agree that this shall be the buyers sole and exclusive remedy and CST shall not be liable in any event for proximate, incidental, consequential or other damages, including but not limited to damages for loss of production, lost profits or injury to persons or property.
Indemnity – General CST will not indemnify or hold harmless any party or parties from or against any claim, suit demand or cost arising out of the use, manufacture, or operation of Goods sold herein, apart from the assignment of the Manufacturer’s Limited Warranty.
Trademarks The Buyer may not remove or deface any trademarks, tradenames, service marks or logos attached to or made a part of the Goods sold subject to these Terms.
Assignment CST reserves the right to assign any portion of this contract. This contract shall not be assignable by Buyer without CST’s consent.
Payment and Collection Payment for all goods shipped shall be made Net 28 Days from Invoice. Late payments shall accrue an immediate late charge of 2% of the balance on the day after the final day for payment of the Invoice and thereafter shall accrue interest at the rate of 0.00067 of the daily balance (or $0.67, whichever is greater) per day until paid. If CST is forced to seek collection, the Buyer shall pay all costs of collection, including reasonable attorney's fees.
Waiver The failure of either party to the performance of any term of this contract or the waiver by either party of any breach under the contract shall not prevent a subsequent enforcement of the term or be deemed a waiver of any subsequent breach.
Construction – Governing Law These terms shall be construed in accordance with the laws of the State of South Carolina and in particular the South Carolina Uniform Commercial Code.
Purchase Price The purchase price will be that on the current price list published by CST, which is incorporated herein by reference unless covered by a specific valid quotation to Buyer.
Amendment These Terms are not altered by oral statements or by contrary terms in Buyer documents (such as purchase orders) and may only be altered by a written instrument signed by an officer of CST.
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