Terms & Conditions:
By using the Zambus.com site ('Zambus.com '), you and your organization (collectively, 'User') are indicating your acceptance to be bound by these terms and conditions of use, which Zambus may modify from time to time by updating this posting.
Access and Use of Information:
Upon User's enrollment in Zambus.com, Zambus will provide User with access to certain web pages and functions of Zambus.com, as determined solely by Zambus. User's access to Zambus.com is limited to viewing such pre-authorized portions of Zambus.com solely for the procurement of products by User, or to check the status of orders already placed by User. User's access or attempt to access other areas of the Zambus computer system or other information contained on the system for any other purpose is strictly prohibited. User is prohibited from violating or attempting to violate the security of Zambus.com, including, without limitation, accessing data or functions not intended for User, or logging into an account which User is not authorized to access. All information and Content provided on Zambus.com is subject to change without notice.
Authorized Users:
User is responsible for maintaining the confidentiality of User's registration information and password, and for all uses of its registration information and password, whether or not authorized by User. User agrees to immediately notify Zambus of any unauthorized use of User's registration or password.
Orders:
If Zambus provides User with access to the order entry functions of Zambus.com, User may issue purchase orders through Zambus.com for any products identified under the 'Contract Products' section of Zambus.com . User agrees that User's placement of an order through Zambus.com constitutes:
(a) User's offer to buy the products identified on the order;
(b) User's signature to such order;
(c) User's consent to receive an electronic record of its purchase in lieu of a written record; and
(d) User's acceptance of Zambus's Terms and Conditions of Sale, as posted on Zambus.com , except to the extent User's order is subject to a separate purchase agreement executed by the parties. Zambus will provide User with an electronic record of its purchase once an order is submitted, but no order shall be binding upon Zambus unless and until accepted by Zambus. Orders will be deemed accepted by Zambus.com when shipped. User may check the shipment date of an order on Zambus.com.
Freight:
Carrier and mode of transportation is selected by Zambus and listed on Zambus.com for every order submitted by you. Any exceptions to User's shipping information will be handled as 'special.' User must contact its inside sales person (as listed on Zambus.com) to change the shipping information and release the order. Freight charges from freight carriers or shipping methods selected by User will be prepaid by Zambus and added to User's invoice.
Product Availability:
Inventory availability is subject to change at any time prior to acceptance of the order by Zambus.
Backorders:
If for any reason material is not available for shipment, a Zambus sales representative will notify User.
Changes:
Since Zambus.com orders may be shipped within an hour of receipt, all requests for changes or cancellations of orders must be processed through User's inside sales person, and may be subject to a re-stocking fee.
Credit:
The acceptance of any order is subject to User's credit and account status, as established by Zambus.
Returns:
User must contact its inside salesperson on all returns. User may not return products that are used, altered, not in original packaging, have static seals broken, or are not in an as-shipped condition. See our Return Policy for more details.
Force Majeure:
Neither party shall be liable for any failure to perform its obligations under this agreement where such failure results from any act of God or other cause beyond such party's reasonable control (including, without limitation, any mechanical, electronic or communication failure which prevents such party from transmitting or receiving electronic data or documents).
Limitation On Damages:
Zambus shall not be liable to User for any special, incidental, exemplary, or consequential damages, even if User has been advised of the possibility of such damages.
Confidentiality:
User shall keep confidential all information furnished by Zambus to User.
Copyright:
All content included in Zambus.com, such as the text, graphics, logos, icons, software, and other materials (collectively 'Content') are the property of Zambus and/or its distributed and represented brands, and protected by U.S. and international copyright laws. Except as expressly authorized by this agreement, User may not reproduce, modify, distribute, transmit, display, or perform any or all of the Content.
Disclaimer:
User acknowledges that Zambus.com, and all content and materials posted on Zambus.com are provided 'as is'. Zambus disclaims all warranties including the implied warranty of merchantability and fitness for a particular purpose, and non-infringement. Zambus does not warrant that the information or functions contained on Zambus.com will be reliable, complete, uninterrupted or error-free, that defects will be corrected, or that Zambus.com or the servers used in connection with Zambus.com are free of viruses or other harmful components.
Termination:
User's access to, and use of Zambus.com may be terminated by either party at any time, with or without cause, by sending notice of termination to the other party. Zambus reserves the right to immediately and without notice suspend or terminate User's access to, and use of Zambus.com in the event of a breach by User.
Notices:
All notices will be in writing and deemed sent on the date the notice is sent by electronic mail or facsimile. Notices to Zambus shall be sent to the Zambus inside sales person listed on Zambus.com, and notices to User shall be sent to the User's representative listed on Zambus.com. Either party may change the person to receive notices by providing the other party with notice of the change in accordance with this section.
Miscellaneous:
Neither party may assign, sub-license, or otherwise transfer any of its rights or obligations under this agreement without the express prior written consent of the other party. This agreement will be governed by the laws of the State of New Jersey (without regard to conflicts of law provisions). Each party irrevocably consents to the jurisdiction of the courts of New Jersey. If any provision of this agreement is held invalid or unenforceable by a court of competent jurisdiction, such holding or declaration shall not affect the validity of any other provision. All waivers must be in writing and signed by an authorized representative of the party waiving its rights. This agreement is intended to supplement any Electronic Trading Agreement executed by and between User and Zambus. In the event of a conflict between these Terms and Conditions of Use and an Electronic Trading Agreement executed by the parties, or Zambus's Terms and Conditions of Sale posted on Zambus.com, these terms and conditions will control. No additional or different terms or conditions shall be binding upon Zambus unless specifically agreed to by Zambus in writing.