TERMS AND CONDITIONS
By using the functions and features of this website, you hereby agree to be bound by the terms and conditions of this Agreement and acknowledge all disclaimers regarding products supplied by Hyperton Inc.
ACCEPTANCE OF CONTRACT TERMS
Hyperton Inc. provides certain products and services by virtue of its website www.Hyperton.com as well as through Hyperton Inc.'s printed catalogs. You hereby agree that the purchase of any product from Hyperton Inc. shall be governed by this Agreement and that you have read, understood and agree to be bound by all of the provisions set forth herein and the terms and conditions on any quotation, order acknowledgment, invoice or other form of written correspondence you receive from Hyperton Inc., as it relates to the good being purchased, all of which constitute a single agreement between you and Hyperton Inc. (collectively, the "Terms and Conditions"). The Terms and Conditions constitute the exclusive agreement between you and Hyperton Inc. with respect to the purchase of all good and the content accessed through the Services (the "Content"); provided. Our failure to assert a right or insist upon compliance with any term or condition shall not constitute a waiver of that right or excuse any subsequent noncompliance. Hyperton Inc. reserves the right to pursue all available remedies at law for any non-compliance with this Agreement. If any provision of the Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms and shall not affect the validity and enforceability of any remaining provisions.
EFFECTIVE DATE AND CHANGES IN TERMS
The Terms and Conditions are effective as of the version date set forth at the end of the Terms and Conditions. We reserve the right to change the Terms and Conditions at any time by providing notice to you, and your use after any change signifies your acceptance of the changed terms. That notice may be given by making a revision to the Terms and Conditions and changing the version date shown below.
Hyperton Inc. grants you a limited, nonexclusive, non-transferable, nonsublicensable right and license to access and use the Content on this website for the purchase of goods but only in accordance with and for the purposes set forth in the Terms and Conditions. Hyperton Inc. does not grant you any right or licens to access or use the Services or the Content in any way or for any purpose that involves a violation of the Terms and Conditions. You may only use Hyperton Inc.'s website authorized by Hyperton Inc. and Hyperton Inc.'s printed catalogs to access the Content of Hyperton Inc.. Hyperton Inc. retains the right to terminate your limited license at will, at any time and for any reason whatsoever.
The Services and the Content are only for your use in deciding whether to purchase products from us and in purchasing products from us. All title, ownership and other rights in and to the Services and Content are owned, or licensed from a third party, by Hyperton Inc. Any unauthorized use, change of information or interference with the availability of or access to or proper working of any part of the Services or the Content or security measures is strictly prohibited and Hyperton Inc. will be entitled to pursue all legal remedies resulting from damage.
We are pleased to hear from our customers. However, any ideas you disclose to us shall be deemed the sole property of Hyperton Inc. We are free to use any such disclosure for any purpose and in any media without compensation, and you warrant that all "moral rights" in any such disclosure have been waived. Hyperton Inc. reserves the right to regulate all content submitted to this site by third parties, but we are not responsible for that content. When participating in interactive portions of the Services or the Content, you represent that you have the right to use any information or content you upload, post or / and emailed and agree to abide by the following rules: (i) you will not provide infringing, defamatory, obscene, threatening, abusive, illegal or otherwise improper content; (ii) you will not upload viruses or harmful components; (iii) you will not use the Services or the Content to further any unlawful purpose or to violate the rights of any person or entity; and (iv) you will not provide content for a commercial purpose.
PURCHASES; PRICES; PAYMENT TERMS
Published prices don't include taxes, duties or shipping and may be changed without advanced notice to customer. Open accounts are available but subject to approval by Hyperton Inc. Payment on open accounts is due within 30 days of shipment, net 30 days. Major credit cards and wire transfers via PayPal are accepted as well as checks for orders. Credit card arrangements are subject to change. We reserve the right to correct typographic errors and reject or cancel orders. Applicable law may prevent the sale of some products in your area.
Hyperton Inc. reserves the right to send orders via any shipment method , including but not limited to UPS, United post office, our carrier or any other shipping company. Hyperton Inc. will do its best to honor shipping requests, but makes no representations as to same. Typically, all orders will be delivered with 3 to 14 business days excluding holidays and weekends. Some orders may be delivered sooner or later it depends if item is in stock or will be shipped directly from manufacture or our supplier. If an order will take more than 21 business days we may contact you and let you know about delivery time. Hyperton Inc. makes no representations regarding items that may be backordered. All title to goods shall pass to you upon acceptance of goods.
If your shipment arrives damaged, please contact Hyperton Inc. within two business days and let us know in writing about the specific damage to the product. Hyperton Inc. will send you a return label (free of charge). To exchange a product, contact us for a return label and return the product, (notice that you will pay for the shipping also some orders may require restocking fee) and place a new order. We do not take title to returned items until the item arrives at our facility. Therefore, you will remain responsible for all items until. You will be given credit upon receipt of the material, or if paid with PayPal you will received your money back excluding PayPal fee unless item was damage or it was wrong item sent by us.
LIMITED PRODUCT WARRANTY
The products and support services are provided "AS IS" without warranty of any kind. Hyperton Inc. does not make any representation or warranty as to the product itself. Hyperton Inc.’s only warranty obligation is to replace any item proved defective in material or workmanship. To the fullest extent by law, Hyperton Inc. fully disclaims all other warranties, whether express or implied, oral or written, with respect to the products advertised, including without limitation, all implied warranties of title, non-infringement, merchantability or fitness for any particular purposes and all warranties arising from any course of dealing, course of performance or usage of trade.
All information about our products are strictly as provided to Hyperton Inc. by our supplier. We make no warranty or representation concerning that information and will have no liability therefor. SOME PRODUCTS SOLD BY US CONTAIN INGREDIENTS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER AND BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM. UPON REQUEST, WE WILL FURNISH YOU WITH MATERIAL SAFETY DATA SHEETS FOR HAZARDOUS SUBSTANCES AS DEFINED BY OSHA AND A LIST OF PRODUCTS OR SUBSTANCES KNOWN BY THE STATE OF CALIFORNIA TO CAUSE CANCER OR REPRODUCTIVE HARM.
Items sold by us may not meet certain government procurement requirements (such as those imposed by the Buy American Act). Upon request, we will provide you with origin information. If you require other information or have other special needs, please contact via email sales@Hyperton.com.
SALES OR USE TAX
Hyperton Inc. reserves the right to collects sales tax, where appropriate and pursuant to any applicable state law.
NO OTHER REPRESENTATIONS OR WARRANTIES
WE MAKE NO REPRESENTATION OR WARRANTY THAT PRODUCTS OFFERED FOR SALE ARE LEGAL, AVAILABLE OR APPROPRIATE FOR YOUR PARTICULAR PURPOSE OR FOR USE IN YOUR COUNTRY OR REGION. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LAWS GOVERNING YOUR USE OF THESE PRODUCTS.
ITEM REQUEST SERVICE
Under no circumstances we do NOT accept requests for illegal items, including but not limited to: Radioactive, weapon, any hazardous items for which any kind of license or permit is needed, living organism. We receive right to refuse any request. Quote are usually provided with 24 hours, if not possible to provide the quote with 24 hours we will contact you about details of your request.
SERVICES AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES. YOU AGREE TO HOLD HYPERTON INC. HARMLESS FROM, AND YOU COVENANT NOT TO SUE HYPERTON INC. FOR, ANY CLAIMS BASED ON USE OF THE SERVICES OR THE CONTENT.
LIMITATION OF LIABILITY AND REMEDY
UNDER NO CIRCUMSTANCES SHALL HYPERTON INC. BE LIABLE IN CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABIILTY, TORT OR OTHERWISE FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS OR GOODWILL, THAT RESULT FROM YOUR PURCHASE OF ANY PRODUCTS FROM US OR ANY USE OF, OR THE INABILITY TO USE, ANY OF THE CONTENT OR ANY OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES OR CONTENT OR, WITH RESPECT TO A CLAIM RELATING TO ANY ONE OR MORE PRODUCTS PURCHASED FROM US, THE PURCHASE PRICE OF THE PRODUCTS THAT GIVE RISE TO THE CLAIM. YOUR ONLY RECOURSE PURSUANT TO THE TERMS AND ACCEPTANCE HEREIN IS THE RIGHT TO RETURN THE PRODUCT OR OBTAIN A REFUND.
You warrant, represent and agree: (1) to comply with all laws; (2) that our sale and shipment of any product ordered by you will not, by export thereof, your legal status or otherwise, cause us to violate any law; and (3) to indemnify us against any damages, losses and costs incurred from a failure by you to comply with any law or the Terms and Conditions or from any unlawful use by anyone of any product ordered by you. To the extent the indemnification provisions in the Terms and Conditions are inconsistent with the federal Anti-Deficiency Act, such provisions will be deemed to be inapplicable to any sale made by Hyperton Inc. to a government agency to which the Anti-Deficiency Act applies.
This policy is intended to help you understand how our company collects, uses and safeguards the information you provide through the Hyperton Inc. website. It does not apply to the use or disclosure of information that is collected or obtained by us through other means. You are responsible for all information you provide. When you place an order for a product, we need to know your name, e- mail and mailing addresses, and your billing information so that we can fill, confirm and ship your order, and notify you of your order status. (IF YOU HAVE A PREVIOUSLY ESTABLISHED ACCOUNT WITH US THERE IS NO NEED FOR YOU TO PROVIDE BILLING INFORMATION WITH EVERY SINGLE ORDER BECAUSE WE WILL SEND THE BILL BY DEFAULT TO BILLING ADDRESS PROVIDED ON APPLICATION FORM UNLESS YOU WANT TO USE DIFFERENT ADDRESS.) Some of the Services may collect your IP address or domain name for administration purposes. We may also request personal information from you if you submit comments to us through any of the Services. We don't rent, sell or otherwise distribute to others any information about our customers, except that we may provide your personal information to companies engaged to deliver your order or to company that we use to collect the payment which is PayPal if chose to ( PayPal terms and conditions may apply) . We also reserve the right to disclose without notice to you any information in our possession if we believe we are required to do so by law, to protect or defend our rights or property, or to respond to an emergency. While we endeavor to use reasonable efforts to safeguard the confidentiality of your information, the Internet is not totally secure. Due to the possibility of transmission errors, hacking or other unauthorized third party activities, we cannot guarantee that data related to the Services will remain secure. If we become aware of a security breach involving such data, Hyperton Inc. will make all legally required disclosures, consistent with our ability to determine the scope of the breach, our need to restore the integrity of the system and the needs of law enforcement. The Services are not intended for use by, and Hyperton Inc. does not intend to collect personal information from, children under 13 years of age. Children under 13 years of age are directed not to use the Services, whether to submit personal information or otherwise. Some of the Services may contain links to websites or other content sources which are not under the control of Hyperton Inc. We are not responsible for the privacy practices of any linked site or content source.
SECURITY AND COOKIES
Any information generated by use of the PayPal payment system is subject to the terms and conditions associated with PayPal and Hyperton Inc. cannot warrant or represent to the validity or accuracy or protection of information submitted through PayPal.
TRADEMARKS AND COPYRIGHTS
Unless otherwise indicated, all trademarks, brands and names identified with products sold through the Services are the exclusive property of their respective owners, not Hyperton Inc.
JURISDICTION AND CHOICE OF LAW
This Agreement shall be governed and construed with the laws of the State of New Jersey
This Agreement and the rights and obligations hereunder are personal to you and may not be assigned or otherwise transferred, in whole or in part, without Hyperton Inc.’s written consent. Any attempt to do otherwise shall be void and of no effect.
By accepting the terms and conditions herein, you agree that you have had an opportunity to review this agreement; that you are entering into this agreement on your own volition; and that you agree to be bound by the terms of this Agreement.
VERSION DATE: September 3, 2014