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Induction Heating Systems

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Terms of Sale

Thank you for your Induction Innovations® purchase.

THESE TERMS OF SALE (THESE "TERMS OF SALE") GOVERN YOUR PURCHASE OF ANY PRODUCT OFFERED BY Induction Innovations, INC. ("COMPANY", "US" OR "WE") OR OTHERWISE SOLD THROUGH OUR WEBSITE OR ANY AFFILIATED WEB SITES (COLLECTIVELY, THE "SITE") OR BY TELEPHONE, FACSIMILE OR E-MAIL. PLEASE READ THESE TERMS OF SALE CAREFULLY. BY PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS OF SALE. THESE TERMS OF SALE ARE SUBJECT TO MODIFICATION BY COMPANY WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME. YOU SHOULD PERIODICALLY REVIEW THESE TERMS OF SALE TO ENSURE THAT YOU REMAIN UP TO DATE ON ALL SUCH CHANGES.

Orders

These Terms of Sale will govern our sale of products to you, and by placing an order with us you agree to be bound by these Terms of Sale with regard to that order. The pre-printed terms of any documents, such as purchase orders, that you may submit to us in conjunction with an order for products will not alter, change or add to these terms, regardless of how we acknowledge or accept your order and regardless of the fact that such pre-printed terms may contain language stipulating that they supersede these Terms of Use. All orders are subject to acceptance by us, and once accepted, an order cannot be cancelled, modified or rescheduled by you except as set forth herein. We reserve the right to reject or cancel any order, or to limit the size of any order, at any time in our sole discretion.

Availability

Availability of our products are subject to change without notice. If a product is not in stock when you place your order, we will do our best to advise you when the product will be available. Company shall not be liable for any claims or damages arising in connection with products which are out of stock or otherwise unavailable. Company reserves the right to discontinue the sale of any product or service at any time without notice to you or any other third party.

Prices

Prices shall be our published prices for the products, either as listed at the Site or included in other of our sales materials. We reserve the right to increase the price for any product without notice to you (provided, that we will not increase prices for products which have been previously ordered by you but not yet shipped). We are not responsible for any errors on the Site or in any other sales materials. In the event a product is listed at an incorrect price due to typographical, photographic or technical error or error in pricing information received from our suppliers, we reserve the right to refuse or cancel any orders placed for that product listed at the incorrect price.

Payment Terms

We accept payment by various credit cards either listed at the Site or otherwise identified in our materials from time to time. Your credit card will be charged at the time any order is placed or, at our discretion, at a later date. You hereby authorize Company to charge any credit card you may have on file with us for the full amount of the charges owing by you for any products purchased from us. You agree not to withhold from or offset against any amount owing to us for any reason. You also agree to address any and all product and/or transaction claims solely with us and not to initiate, under any set of circumstances, charge refusals or charge-backs with credit card issuers, and you agree to indemnify us for any expenses or damages we may suffer on account of the initiation by you of any such charge refusal or charge-back. In addition to our other rights, we reserve the right to cancel or suspend delivery of all or part of an order if you are delinquent in any payments owing to us. You agree to pay, in connection with any past due balance, (i) a late payment charge of 1½ percent per month, but not in excess of the lawful maximum, and (ii) all costs incurred by us in collecting such past due balance, including, without limitation, court and arbitration costs and attorney's fees.

No Reselling

You shall purchase products through the Site or otherwise solely for your own use and not, without our prior written consent, for resale. You agree to indemnify and hold us harmless from any claims asserted by a third party, regardless of the theory under which such claim is asserted, arising out of the resale or distribution of any products or materials by you. Also, you are not authorized to use any of our trademarks or trade names or those of our manufacturers or suppliers without our or their consents, as the case may be.

Refund Policy

We will refund 100% of the purchase price if you are not fully satisfied with your Induction Innovations product. Refunds do not include any shipping and handling fees.

Return Policy

We guarantee your complete satisfaction with Induction Innovations products. If you're not 100% satisfied with your purchase, simply contact Customer Service at (847) 836-6933 or at info@theinductor.com within 45 days of delivery for a Return Merchandise Authorization (RMA) number. Returns will not be accepted (i) without an RMA, and (ii) to the extent the returned products have been damaged or altered by you. Shipping and handling costs are the responsibility of the purchaser.

Cancellation Policy

Your order begins processing immediately after you place your order. During order processing, it may be possible to cancel your order. However, once the order moves into the shipping process, it cannot be canceled.

In the unlikely event that you wish to cancel your order, you can contact Induction Innovations at info@theinductor.com or by phone at (847) 836-6933 to attempt to cancel your order.

If you have changed your mind about the order and it is too late to cancel, you can return any unwanted items in accordance with our Return Policy.

Delivery/Shipping Policy

We strive to ship your order as quickly as possible. Stock orders will generally be shipped within 1-3 working days. However, standard shipping times are not guarantees or promises that a product will ship on a specific day. Please review our shipping options, and plan your purchases accordingly.

We ship only to a physical address. We do not ship to any post office boxes. You may not pick up your order at our facilities.

If a backorder should occur, we will only bill your credit card for merchandise that is actually shipped. We will attempt to notify you in the event that any item is out of stock.

For international shipping addresses, please place your order via e-mail at info@theinductor.com. All international fees including, but not limited to, duties, tariffs, GST, VAT, and customs fees are the responsibility of the purchaser.

Intellectual Property

You hereby recognize Company's intellectual property rights in its name, the Site and all other intellectual property owned by the Company, and nothing herein shall be deemed to assign ownership of any such intellectual property to you. You will not reverse-engineer or use any product to develop similar products or materials to those purchased from us.

Disclaimer

WE MAKE NO WARRANTIES, GUARANTEES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRODUCT, OR AS TO THE ACCURACY OF ANY CONTENT IN ANY COMPANY LITERATURE OR POSTED ON THE SITE. Unless otherwise expressly stated in our materials, our products are not reviewed or approved by the Federal Trade Commission or any other governmental body. We make no representations or warranties regarding the durability or any similar aspect of any products we sell. Our sole obligation in respect of defective products and your exclusive rights under our warranty are limited, at our option, to replace the products, or to refund the purchase price paid by you for the affected products.

Use of Products

Further to the disclaimer set forth above, Company makes no representations or warranties whatsoever as to the results you may obtain by using any product purchased from us. You acknowledge that products purchased from us are used at your sole risk, and Company shall not be liable in any way on account of your dissatisfaction with the results achieved from any such use or any injuries resulting therefrom.

Unauthorized Use of Products

Company shall not be liable for any claims, damages or injuries caused by your negligence, the misuse of any of our products by you or any third party to which you provide access to our products, or any other damages or injuries arising out of your use of any of our products.

Limitation of Liability

NONE OF THE COMPANY, ITS EQUITY HOLDERS, ITS MANUFACTURERS OR SUPPLIERS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, PROCUREMENT COSTS, OR BUSINESS INTERRUPTION COSTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE THEORY UPON WHICH ANY SUCH CLAIM IS BASED.

IN NO EVENT WILL WE, OUR MANUFACTURERS, OUR AFFILIATES OR OUR EQUITY HOLDERS BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF (X) THE PURCHASE PRICE OF THE PRODUCTS GIVING RISE TO ANY CLAIM REGARDLESS OF THE THEORY UNDER WHICH SUCH CLAIM IS ASSERTED, OR (Y) FOR ALL OTHER TYPES OF CLAIMS, THE AGGREGATE AMOUNT PAID BY YOU TO US DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE APPLICABLE CLAIM.

The collective limitations on our liability under these Terms of Sale apply also to our suppliers who are intended beneficiaries of these limitations.

Force Majeure

Except for payment obligations, neither of us shall be liable for any failure to perform due to causes beyond our reasonable control, respectively, including but not limited to acts of God or nature, war, fire, bad weather, flood, accident, labor trouble or shortage, civil disturbance, plant shutdown, equipment failure, voluntary or involuntary compliance with any applicable governmental regulation or order, or shortage or inability to obtain (on terms deemed practicable by the party affected) any raw materials (including energy), equipment or transportation. The time for performance shall be extended by the period of the applicable force majeure event.

Governing Law

These terms and conditions shall be governed and construed in accordance with the laws of the State of Illinois excluding its choice of law provisions. The United Nations Convention for the International Sale of Goods shall not apply.

Arbitration

We agree to attempt to resolve any disputes amicably through our respective representatives. If, after thirty (30) days we are unable to do so, then we each agree that any claim or controversy of any sort relating to our agreement shall be determined by arbitration in Illinois, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator shall have no power to add to, delete from or modify these Terms of Sale. Each of us shall have the right to conduct discovery to which we would be entitled had the dispute been resolved in a state court of general jurisdiction in Illinois. Judgment on the arbitrator's award may be entered in any court having jurisdiction. This clause shall not preclude either of us from seeking provisional remedies in Illinois in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, as part of the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party. Notwithstanding the foregoing, in addition to our rights set forth above, we may initiate proceedings directly in the appropriate court located in Illinois in connection with any claim to collect amounts due and owing by you.

Entire Agreement

These Terms of Sale represent our entire agreement with respect to your order. No modification or amendment or waiver of rights will be effective except in a written document signed by both of us. Waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default. We reserve the right to alter or change these Terms of Sale at any time with respect to future orders that you may place with us.

Severability

If any provision of these Terms of Sale are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby.

Induction Innovastions, Inc.

U.S. patents: 6670590 and 6563096 apply to all products; D707,804 and D728,086 apply to handheld, inline induction heaters; patent pending for the Mini-Ductor 12V (MD-500)
European Patent Office (EPO): patent 002076372-0001 applies to all handheld, inline induction heaters; patent pending for the Mini-Ductor 220V (MD-800) and Mini-Ductor 12V (MD-500)
Australia patent: 343968 applies to all handheld, inline induction heaters