TERMS & CONDITIONS
Please read these conditions carefully before placing an order with CUMSA. By placing an order with CUMSA, you signify your agreement to be bound by these conditions:
PAYMENT TERMS
The customer agrees to pay the established amount for the requested product by credit card at the time of order acceptance.
PRICING
All items are billed at prices in effect at the time of shipment. Prices are subject to change without notice.
F.O.B.
Shipping point: Prepaid and billed.
CUSTOMS
When ordering products from CUMSA for delivery outside of the USA you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; CUMSA has no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from CUMSA, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
SHIPPING
CUMSA will deliver the products in perfect condition via UPS to the address supplied by the customer when ordering. CUMSA will not be held liable for any errors in delivery caused by incorrect information supplied by the customer when ordering, be it through incorrect or missing information. The delivery time of the product is defined with the customer and is under the specific conditions of each operation, and shall be respected, unless any cause arises which is beyond our reasonable control. All risk of loss passes to customer upon shipment of the products by CUMSA.
ACCEPTANCE OF PRODUCT
All products shall be deemed to be accepted within seven (7) days after delivery of the product to the Buyer, unless we receive written notification of rejection for cause from Buyer within the seven (7) day period.
CLAIMS
Claims for any shortages, errors, or defects must be made within seven (7) business days from receipt of shipment.
QUALITY OF PRODUCT
CUMSA assumes responsibility for the quality of products, allowing the return of the same if, after a technical analysis they are proven to have a defect in origin and have not been altered in any way.
CUMSA will not be held liable with regard to products that have already been used successfully and without any impact on the customer and are seeking to make a claim.
The responsibility of CUMSA, against any breach of its obligations under these conditions or the particular conditions that are established with the customer, is limited to a refund of the amount paid by customer or replacement of the product, always requiring the return to CUMSA of the initial product in question.
ACCEPTANCE OF TERMS
No terms or conditions submitted by the customer to CUMSA, irrespective of their date, shall prevail over these terms and conditions. Acceptance of the order by customer shall be deemed conclusive evidence of customer’s acceptance of these terms and conditions.
FORCE MAJEURE
We shall not be liable for any delay in performance or nonperformance which is due to war, fire, flood, acts of God, acts of third parties, acts of governmental authority or any agency or commission thereof, accident, breakdown of equipment, differences with employees or similar or dissimilar causes beyond our reasonable control, including but not limited to, those interfering with production, supply or transportation of products, raw materials or components or our ability to obtain, on terms we deem reason- able, material, labor, equipment or transportation.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan.
AMMENDMENTS TO THE CONDITION OF SALE
We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
WAIVER
If you breach these Conditions of Sale and we take no action, CUMSA will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.