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Use aggreement
VESTA.DS,Inc Website Terms of Use

The following terms of use and disclaimers are for the use of 
the VESTA.DS,Inc WEBSITE; Read before using.

·         Terms of Use

VESTA.DS,Inc’s Website is created and operated by VESTA.DS,Inc from its office in the United Stated of America. This Agreement is intended to set forth the terms and conditions in accessing VESTA.DS,Inc’s Website or using any information contained on VESTA.DS,Inc’s Website. Your use of this site shall be deemed to be your agreement to each of the terms and all applicable laws set forth below.

·         Proprietary Information

All information, documents, products and services, trademarks, logos, graphics, and images provided on VESTA.DS,Inc’s Website are copyrighted and trademarked and are the property of VESTA.DS,Inc. Any unauthorized use of any material contained on VESTA.DS,Inc’s Website may violate copyright laws, trademark laws, and the laws of privacy and communication statutes. VESTA.DS,Inc grants you the limited right to display the materials only on your personal computer for your personal use. You agree not to use the materials for any other purpose without the prior written consent of VESTA.DS,Inc. You acknowledge that VESTA.DS,Inc’s Website may include certain inaccuracies or typographically errors which may affect the quality of materials and third-party content.

·         Disclaimer

Services and materials are intended only for VESTA.DS,Inc's customers and are provided only for your convenience. VESTA.DS,Inc grants you no license or property rights to any such services and materials. VESTA.DS,Inc does not warrant the accuracy, completeness, or other reliability of services and materials and other items contained on this server or any other server. Therefore, you are not to rely on any services and materials provided in VESTA.DS,Inc’s Website unless we expressly advise you in writing that you can. VESTA.DS,Inc expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantabilities and fitness for a particular purpose, with respect to any service and material. Some jurisdictions do not allow exclusion of the implied warranties, the disclaimer above may not apply to you in this respect.

·         Information Submitted by Users

If any viewer of this publication responding with information, including personal information and feedback data such as questions, comments and suggestions regarding the content of any portion of this publication, such information shall be deemed to be non-confidential. VESTA.DS,Inc shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, VESTA.DS,Inc shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or incorporating such information.

·         Limitation of Liability

To the maximum extent permitted by applicable law, NEITHER VESTA.DS,Inc NOR ITS AFFILIATES shall be liable for any damage suffered because of your displaying, copying, or downloading information or material contained on this site. In no event, shall VESTA.DS,Inc be liable to you or any third-party for any indirect, extraordinary, exemplary, punitive, special incidental or consequential damages (including loss of data, revenue, profits, or other economic advantage) arising out of access to or use of any content of any site or sites linked to VESTA.DS,Inc’s Website.

·         Jurisdiction

Viewing and using of any services and materials on VESTA.DS,Inc’s Website constitutes your approval of this Agreement. And any action related to these Terms will be governed by the law of Dallas County, State of Texas to resolve any interpretations or dispute arising from this Agreement and any conflicts that arise from VESTA.DS,Inc’s Website.

·         Changes to This Privacy Policy

VESTA.DS,Inc may make improvements and/or changes information or services described in VESTA.DS,Inc’s Website without notice, and further agree that VESTA.DS,Inc can revise these Terms at any time without notice by updating this posting. Continued use of the site after such modifications have been made constitutes your acceptance of such revised Terms.

VESTA.DS,Inc Terms & Conditions of Sale

·         1. ACCEPTANCE OF TERMS BY CUSTOMER.All orders submitted by a Customer ("CUSTOMER") are subject to final acceptance by VESTA.DS,Inc. (“VESTA.DS,Inc”) at its headquarters. VESTA.DS,Inc accepts CUSTOMER's order only on the condition that CUSTOMER agrees to accept the terms and conditions of sale set forth herein ("Terms") and to waive any terms and conditions contained in any order form, confirmation order, or any other writing of CUSTOMER, whether previously or hereafter delivered, which either add to, differ from, modify, conflict with or are otherwise inconsistent with any term or condition herein. CUSTOMER's acceptance of the products ordered ("Product") will constitute agreement by CUSTOMER to these Terms.

·         2. ACCEPTANCE OF PRODUCTS BY CUSTOMER.All claims of CUSTOMER that Products delivered do not conform to the accepted order shall be handled as claims for breach of warranty and CUSTOMER shall be limited to those remedies available for breach of warranty as described in Section 11 below. Claims that tender of performance by VESTA.DS,Inc does not otherwise conform shall be effective only if VESTA.DS,Inc shall be notified by CUSTOMER in writing of the non-conformity within thirty (30) days of receipt of shipment of Product hereunder describing the non-conformity in reasonable detail. If such notice shall be given on a timely basis and the non-conformity does exist, VESTA.DS,Inc shall have a reasonable opportunity to cure same.

·         3. GENERAL.These Terms shall govern and be deemed incorporated in all agreements between VESTA.DS,Inc and CUSTOMER (hereinafter sometimes referred to as the "PARTIES").

·         4. PAYMENT TERMS.ETC. Payment will be due in full upon the earlier to occur of thirty (30) days after shipment, or notification that Product is ready to ship, unless otherwise mutually agreed to in writing by the PARTIES. These terms apply too partial as well as complete shipments. A service charge at the rate of 1.5% per month (18% per annum) or the maximum rate currently allowed by law, will be charged on past due accounts. In the event VESTA.DS,Inc institutes legal proceedings for collection of past due accounts, CUSTOMER shall pay all costs of collection including reasonable attorneys' fees. VESTA.DS,Inc reserves the right to refuse or withhold shipment/delivery of the Product referred to herein, or any part thereof, or to require cash payment in advance is the sole discretion of VESTA.DS,Inc, it is determined that the outstanding indebtedness of CUSTOMER exceeds reasonable credit terms, or the financial condition of CUSTOMER does not justify shipment to CUSTOMER.

·         5. TAXES.Unless specifically exempted in writing, all sales, use, excise and any other Federal, State, Municipal or Governmental tax relating to the Product will be invoiced to CUSTOMER as a separate item in addition to the price of the goods.

·         6. SHIPPING.Shipping terms are F.O.B. VESTA.DS,Inc's original point of shipment. Unless otherwise specified by CUSTOMER in writing, VESTA.DS,Inc shall select the method of shipment and direct shipment of Products to the address of CUSTOMER. CUSTOMER shall pay or at the election of VESTA.DS,Inc reimburse VESTA.DS,Inc for shipping costs. Risk of loss shall pass to CUSTOMER upon delivery to the carrier regardless of notice to CUSTOMER. VESTA.DS,Inc assumes no responsibility for insuring shipments unless specifically requested in writing by CUSTOMER, in which case CUSTOMER shall be invoiced for the cost of insurance.

·         7. DELIVERY.VESTA.DS,Inc will endeavor to make shipment to CUSTOMER by the delivery date agreed upon by the PARTIES, but failure to do so, for reasons beyond VESTA.DS,Inc's reasonable control, including but not limited to causes described in the "force majeure" clause herein, shall not give CUSTOMER any right or power to cancel the order or to hold VESTA.DS,Inc responsible for any damages resulting from the failure to deliver by the delivery date agreed upon by the PARTIES.

·         8. DAMAGE/SHORTAGE.If damage or shortage exists with respect to any shipment and it is not concealed, CUSTOMER shall secure a notation of such damage or shortage from the delivering agent on the freight bill or delivery receipt. If damage is concealed, CUSTOMER must notify the carrier within fifteen (15) days of delivery, hold the merchandise for its inspection and secure a signed report from the carrier acknowledging the damage. No claims for the damage or shortage will be allowed unless such freight bill, delivery receipt or report is forwarded to VESTA.DS,Inc at its headquarters within sixty (60) days of the date of the invoice.

·         9. CHANGE ORDERS.Order adjustments or changes, including hold orders, partial releases, quantity modifications, and delivery schedule changes, shall be confirmed by CUSTOMER in writing to VESTA.DS,Inc. Such adjustments may, if VESTA.DS,Inc so determines, result in adjustments to delivery schedules and prices with respect to that order.

·         10. CANCELLATION.Prior to delivery of Products to CUSTOMER, CUSTOMER may cancel an order in whole or in part by giving written notice to VESTA.DS,Inc; provided, however that CUSTOMER shall be liable for cancellation charges on orders scheduled to be shipped within ninety (90) days following the date the cancellation notice is received by VESTA.DS,Inc. Following acceptance of the Products by the CUSTOMER, if all or any portion of CUSTOMER's order is cancelled by CUSTOMER without default on the part of VESTA.DS,Inc or without VESTA.DS,Inc 's express written consent, CUSTOMER shall be liable to VESTA.DS,Inc for cancellation charges including, but not limited to, VESTA.DS,Inc 's incurred costs and such profit as would have been realized by VESTA.DS,Inc from the transaction had the agreement not been breached by the CUSTOMER.

·         11. LIMITED WARRANTY.LIMITATION OF REMEDIES AND DISCLAIMER; EXCLUSIONS. The Products are not warranted, and all warranties express or implied are disclaimed, except to the extent of the limited warranty on the Products separately provided to the CUSTOMER. Such warranty is subject to all the limitations and disclaimers contained therein. THIS LIMITED WARRANTY IS THE ONLY WARRANTY AND IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING BUT NOT LIMITIED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, OR OF PERFORMANCE, OR USAGE OF TRADE. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

·         12. FORCE MAJEURE.VESTA.DS,Inc shall not be responsible for any delay or failure in shipping or delivery of all or any part of the Product due to a cause or causes, including but not limited to acts of God, acts of government, war, terrorism or threat of terrorism, warlike conditions, riots, labor disputes, boycotts, epidemics, fire, flood, tornado, storm, explosion or any changes in circumstances that are not reasonably foreseeable or are beyond the control of VESTA.DS,Inc.

·         13. GOVERNMENT CONTRACTS.If the provision of Products by VESTA.DS,Inc under accepted orders is subject to mandatory provisions of U.S. law concerning contracts or subcontracts with or for the benefit of the U.S. government, CUSTOMER shall so notify VESTA.DS,Inc in advance specifying the mandatory provisions of U.S. law which apply.

·         14. SEVERABILITY.If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect.

·         15. MODIFICATIONS.The terms and conditions stated herein are the PARTIES' complete and exclusive agreement relating to the subject matter hereof. Any modification thereof must be in writing, signed by both PARTIES, and specifically reference the terms and conditions stated herein. No additional or different terms shall apply as between the PARTIES and the Products purchased hereunder unless the PARTIES execute written instruments that specifically refer to the terms and conditions herein, including CUSTOMER's purchase order. In the case of VESTA.DS,Inc, no one is authorized by VESTA.DS,Inc to modify these terms and conditions or the warranty described in Section 11 hereof in any respect or to create for VESTA.DS,Inc any other obligation or liability in connection with the Product unless done so in a written agreement signed by the President or a Vice President of VESTA.DS,Inc. CUSTOMER agrees that any purported change by VESTA.DS,Inc shall be null and void unless the President or a Vice President of VESTA.DS,Inc shall have expressly so agreed to such change in writing.

·         16. NO ASSIGNMENT.CUSTOMER may not assign, transfer or convey its right, title or interest herein or its duties hereunder, without the express written consent of VESTA.DS,Inc. These Terms shall be binding upon and inure to the benefit of VESTA.DS,Inc 's successors and assigns.

·         17. GOVERNING LAW, JURISDICTION AND VENUE.The terms and conditions herein shall be governed by the substantive laws of the State of Texas without regard to the conflict of law principles thereof. The PARTIES hereby consent to the exclusive jurisdiction of the courts of Texas for the litigation of any claims between them, whether in contract, tort or otherwise, relating to CUSTOMER 's order or to the Products, and agree not to object to such jurisdiction or to assert inconvenience of forum in Texas. Each of the PARTIES agrees to accept the U.S. mail or any recognized overnight delivery service to effect service in such litigation.

·         18. NON-WAIVER OF RIGHTS.No failure or delay by VESTA.DS,Inc in exercising any right or remedy hereunder will operate as a waiver of, or impair, any such right or remedy. No full or partial exercise of any such right or remedy will preclude any other or further exercise thereof or the exercise of any other right or remedy hereunder or by law. No waiver of any such right or remedy will be effective unless given in a signed written notice to the other PARTY, which notice, if from VESTA.DS,Inc, must be signed by the President or a Vice President thereof. No waiver of any right or remedy will be deemed a waiver of any other right or remedy. No term or provision hereof will be construed to limit, in any manner, the rights or remedies available to VESTA.DS,Inc under law or otherwise, but rather, are in addition to and cumulative of such other rights or remedies.

·         19. LIMITATIONS ON DAMAGES.OTHER EXCLUSIONS. VESTA.DS,Inc SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, ECONOMIC OR CONSEQUENTIAL DAMAGES, EVEN IF VESTA.DS,Inc HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES OR BUSINESS) OR ANY ECONOMIC DAMAGES WHATSOEVER. THIS EXCLUSION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL VESTA.DS,Inc 'S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID TO VESTA.DS,Inc BY CUSTOMER FOR THE PRODUCT IN QUESTION OR UNDER ANY AGREEMENT BETWEEN VESTA.DS,Inc AND CUSTOMER RELATING TO SUCH PRODUCT. FURTHEREMORE, NOTWITHSTNDING ANYTHING TO THE CONTRARY IN ANY AGREEMENT BETWEEN VESTA.DS,Inc AND CUSTOMER, VESTA.DS,Inc HEREBY DISCLAIMS (i) ANY WRRANTY, LIMITED OR OTHERWISE, OR (ii) ANY PRODUCT LIBILITY FOR ANY THIRD PARTY PRODUCTS OR ACCESSORIES THAT CUSTOMER PURCHASES WIHTOUT VESTA.DS,Inc’S PRIOR AUTHORIZATION OR WRITTEN CONSENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OF ANY EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. 

Dear Customer, this document acknowledges our acceptance of your Purchase Order [PO#XXXXXXX)] subject to the [Terms and Conditions of the Sale] herein attached. Please review the information presented here and advise us at your earliest convenience of any errors that you notice or disagreements that you have. For expedient service, please contact us at the address and phone number 00printed below and refer to our order number [OR#XXXXXX] in all correspondence. 
*** All sales and purchases are final. No return of products purchased pursuant to this Order Acceptance shall be accepted by VESTA.DS,Inc unless such return is made with the prior consent of VESTA.DS,Inc and pursuant to the Product Return Acknowledgment issued by VESTA.DS,Inc for such return. ***

·         VESTA.DS,Inc.Address: 401 South Dupont Ave, Ontario CA 91761 
Ph 800-761-0053
www.vestahws.com


Information on collecting and using personal information

·         Personal / Company Privacy

As a user of VESTA.DS,Inc’s Website, we will take appropriate measures to protect the information provided by and collected from you in VESTA.DS,Inc’s Website in connection with the functions, facilitates, products and services offered on VESTA.DS,Inc’s Website.

·         How Personal Information is Collected and Used

VESTA.DS,Inc only request and use information essential to respond to your requests for information on our products or services and to inform you of services of interest to you. This may include information such as your name, address, telephone number, and e-mail address. We do not automatically collect personal information without your knowledge.

·         Disclosure of Personal Information

We will not disclose, sell, trade, or rent your personal Information without prior consent, except to the extent necessary to provide you with requested service. In rare circumstances, the law may compel us to disclose your personal Information, in connection with a lawsuit or other legal proceeding. In the event disclosure is required, we will use reasonable efforts to secure personal Information, including prohibiting use of the information for any commercial purpose. 
In addition, VESTA.DS,Inc reserves the right to disclose certain information only when it is determined that such disclosure is necessary to protect VESTA.DS,Inc or its employees, their right or property, or to protect the physical safety or health of employees of VESTA.DS,Inc or a member of the public.

·         Protection of Information

VESTA.DS,Inc will maintain the confidentiality of the information it collects. VESTA.DS,Inc maintains internal practices that protects the security and confidentiality of this information by limiting employee access to and use of this information.

·         Non-Confidential Information

If you sent ideas, comments, suggestions, or questions regarding VESTA.DS,Inc’s products or services or the content of this site, VESTA.DS,Inc may use, disclose, or distribute the information to others without your permission or knowledge. VESTA.DS,Inc may use ideas, concepts, or techniques you send us including but not limited to development or marketing our products. If you want confidential treatment of any ideas, concepts, or techniques please write to the address below.

·         Links to Third Party Sites

You may be able to access third party web sites through links available on VESTA.DS,Inc’s Website. You understand and agree that your use of such third-party sites, including affiliates’ sites, are governed by the privacy statements of those sites and not by this Privacy Policy.

·         Access to Personal Information

If you desire access to your own personal Information, to correct existing personal Information, or to remove your personal Information, please contact us at info@vestahws.com or call the number below. Upon receiving your request, we will delete your personal Information from our records.

·         VESTA.DS,Inc.Address: 401 South Dupont Ave, Ontario CA 91761 
Ph 800-761-0053
www.vestahws.com

·         VESTA.DS,Inc. Privacy Policy

 


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