Terms and Conditions ONE CLARION

Warranty/Guarantee

One Clarion is devoted to providing unrivaled customer service and technical support to our customers. We guarantee our products and will stand behind them. The manufacturers and supply chain we embody are the best in the business. We guarantee that our products are of the highest quality in workmanship and detail. If you obtain a faulty product, or one that does not work as promised, please call our Customer Service Department at 863-261-8388 and we will take immediate action to resolve the issue. We promise to do our best to make sure that you are absolutely satisfied with your product. Apart from anything stated in this paragraph, all guarantees of One Clarion are limited by and subject only to the conditions of the LIMITED WARRANTY STATEMENT contained herein.

Purchasing and Sales

One Clarion reserves the right to call for certification confirming the Purchasing Party's identity and to validate same, before any order is accepted by One Clarion. Ownership of a One Clarion product catalogue or contact to the website or assorted other literature materials does not comprise the right to procure goods or services from One Clarion. One Clarion reserves the right to revise, amend, or change all published work without notice. All prices are subject to change without notice. All sales are subject to these terms and conditions. The Purchasing Party concedes that until it is confirmed and accepted by One Clarion, an order may not be accepted and no binding contract exists between One Clarion and the Purchasing Party. One Clarion reserves the right to annul or withdraw any order if it is in violation or determined to be in violation of any U.S. laws or regulations principal to export transactions. Sales to certain persons or entities may be banned under applicable regulations of the U.S. Treasury Department.

Terms of Supply

All purchase orders for products offered by One Clarion are subject to recognition of acceptance of the order by One Clarion. By placing an order with One Clarion, the Purchasing Party has agreed to and accepted One Clarion's Terms and Conditions. No alterations of the terms and conditions by the Purchasing Party shall be binding upon One Clarion unless explicitly agreed to in writing by One Clarion. If the Purchasing Party suggests terms and conditions in a purchase order or other communications that are divergent to the applicable terms and conditions herein, One Clarion's acceptance of any such order shall not be interpreted as consent to any of the terms and conditions projected by the Purchasing Party, and will not constitute a waiver by One Clarion of any of the terms and conditions pursuant to which this contract is made. The terms herein the terms and conditions will administrate all purchase orders accepted by One Clarion, unless other varying terms are particularly agreed to in writing and countersigned by One Clarion. THESE TERMS AND CONDITIONS SHALL COMPRISE THE COMPLETE AGREEMENT BETWEEN One Clarion SUPPLIER AND THE PURCHASING PARTY, AND SHALL BE PRESIDED OVER BY AND INTERPRETED ACCORDING TO THE INTERNAL LAWS OF FLORIDA AND THE FEDERAL COURTS OF THE UNITED STATES OF AMERICA. THE RIGHTS AND RESPONSIBILITIES OF THE PARTIES HEREUNDER SHALL NOT BE GOVERNED BY THE REGULATIONS OF THE 1980 U.N. CONVENTION ON INDENTURES FOR THE INTERCONTINENTAL SALE OF GOODS.

Sales Prices

All published sales prices do not include shipment, taxes and/or duties, handling fees, and are publicized in U.S. Dollars and must be remunerated in U.S. Dollars. For products that are destined for delivery outside of the U.S., charges and fees may vary. One Clarion reserves the right to charge the correct price of a product in the event of a publishing inaccuracy. One Clarion industriously to uphold pricing but it is subject to change in accordance with pricing of market sensitive commodities and market circumstances. Therefore, any and all listed or published prices are subject to alteration without notice. Prices for large volumes of products or other items not listed on our website or found in our publications are accessible by request. Please contact our Sales Specialists for an estimate on these items. Supplementary charges and fees may apply in the occasion that the sale to a specific destination necessitates an export license. If purchases are to be subject to a PO or terms and conditions other than One Clarion's Terms and Conditions - One Clarion reserves the right to decline supply, or apply additional and increased costs as needed to cover materials, packaging, premiums, labor, and risk not covered under the original scope of the estimate provided.

Payment Terms

Payment for all orders must be made prior to shipping unless particularly agreed to in writing. Payment may be made to One Clarion via credit card, Terms for approved accounts, check or E-check (drawn on a domestic bank only), wire transfers, or by irrevocable letter of credit drawn on a U.S. bank and subject to One Clarion sanction of the terms of the letter of credit. All payments are to be made in U.S. Dollars. Checks presented as mailed and faxed shall be authorization for One Clarion to initiate either an electronic debit or to create and process a demand draft against purchasing party's bank account, in the amount of check, on or after the hard copy is not received as promised. All fees associated are the responsibility of the Purchasing Party. In the event of insufficient funds/returned check, the check writer/Purchasing Party will be responsible to cover the amount of the check, plus all fees to which the recipient is legally entitled. If the financial obligation regarding insufficient funds/returned check is not satisfied within 5 days, the order may be canceled, and the previous credit term agreement may be revised. At One Clarion's discretion, any late payments may cause revision/revocation of previously extended credit terms. Order cancellation fees apply for orders canceled after payment received but before orders are fulfilled (regardless of in-stock or non-stock status). Cancellation fees are 20% of the transaction or a minimum of $100, whichever is greater. Orders for non-stock items may only be canceled if materials have not been procured, fabrication has not started and products have not shipped. All sales are final on custom orders (see sections 9 and 11).

Credit Issuance

The Purchasing Party agrees that any credit balances issued will be applied within (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY REMAINING BALANCE WILL BE SUBJECT TO ANNULMENT, AND One Clarion SHALL HAVE NO FURTHER RESPONSIBILITY.

Storage Fees

One Clarion strives to ship products quickly and efficiently. Failure to do so results in the reallocation of valuable facility space for Purchaser's shipment. Purchaser is responsible to have product shipped/picked up in a timely manner once notified of pick up availability. Timely manner is defined as "within 5 days of estimated ship date being provided or within 5 days of shipping readiness date." One Clarion reserves the right to apply storage fees should Purchaser fail to remove product from facility during this period. Should Purchaser exceed timely manner for prepared shipment, we may levy storage fees at their discretion on a case-by-case basis as follows: $3.00 per square foot of facility space per day for product exceeding timely manner for shipment. Should Purchaser know of any delay of shipment or payment in advance, One Clarion must be notified for storage fees to be waived. All storage fees are due prior to shipment. Should storage fees reach or exceed sale price of the product or delay shipment for 90 days, whichever comes first, Purchaser's product may be subject to forfeiture, relisting, and all payment forfeited. One Clarion retains the right to apply forfeiture at their discretion.

Inspection and Acceptance

Specially fabricated or custom products may not be canceled or returned in any case and no refund will be given. All sales final on custom orders. Claims for damage or errors in shipping must be reported within one (1) business day following delivery, by the Purchasing Party. If damage is known upon acceptance of delivery, freight carrier must be notified of damage present at the receipt of goods. The Purchasing Party shall have five (5) business days from the date the Purchasing Party receives any products to inspect such products for defects or non-conformance which are not due to damage, shortage or errors in shipping and notify One Clarion of any such defects, non-conformance or rejection of such products. Shortage claims or other such errors must be made supplied in writing to One Clarion within five (5) business days after receipt of shipment, and failure to do so or to give such notice shall constitute unqualified acceptance and a waiver of all such warranties or guarantees by the Purchasing Party. After such acceptance, the Purchasing Party shall have no right to reject the products for any reason or to revoke acceptance. The Purchasing Party hereby agrees that five (5) such business days is a reasonable amount of time for inspection and revocation. The Purchasing Party shall have no right to order any modifications to any product previously ordered by the Purchasing Party or its representatives or cancel any order without One Clarion's written consent and payment to One Clarion of all expenses incurred by One Clarion. The exclusive remedy for damaged merchandise said to be defective in craftsmanship or material will be the replacement of the product subject to the manufacturer's inspection and warranty and subject to the terms of the LIMITED WARRANTY set forth below.

Limited Warranty Statement

One Clarion's exclusive warranty, if applicable, is that provided by the product's manufacturer. One Clarion makes no express or implied warranties. One Clarion disclaims any and all express or implied guarantees, whether implied by operation of the law or otherwise, including, but not limited to, all implied warranties of use. Warranty will not apply if any products are altered or modified in any way after delivery. In no event, nor under any circumstances will either Party be liable for personal injury or property damage or any other damage, loss, cost of repairs or incidental, punitive, special, consequential, or liquidated damages of any kind, whether based upon warranty, guarantee, contract, strict liability, negligence or any other cause of action arising in connection with the manufacture, sale design, transportation, installation, use, or repair of the products sold by One Clarion. The Parties hereby acknowledge and agree that under no circumstances, nor in any event, shall the liability of each Party, if any at all, exceed the purchase price of the product. No additional allowance will be made for expense or labor of repairing or replacing defective goods, or workmanship or damage resulting from the latter. One Clarion's sole liability shall be limited to repair, replacement, or refund; at One Clarion's sole discretion of products returned to One Clarion by the Purchasing Party. One Clarion makes no guarantees to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act. A Safety Data Sheet (SDS) is required for ALL liquid containment products for approval of contact times. The factory laboratory will issue a certificate of conformity which indicates approval status based on the data from the SDS. Should formal approval not be requested along with an SDS, then One Clarion provides no warranty for materials.