Terms of Sale

TERMS & CONDITIONS OF SALE

Ver. 092512CH

Sections:                1.0  General corporate information

2.0    Terms & Conditions of Sale

2.01  Scope

2.02  Approval of Orders

2.03  Price

2.04  Payment

2.05  Late Payment Charge

2.06  Security Interest (UCC-1)

2.07  Sales Tax

2.08  Packaging

2.09  Shipping

2.10  Risk of Loss

2.11  Inspection

2.12  Return Authorization of Goods

2.13  Authority of Seller’s Agent

2.14  Remedies

2.15  Applicable Law

2.16  Attorney’s Fees

2.17  Entire Agreement

3.0  Disclaimer of Warranties

3.01  Goods Offered As-Is

3.02  Limitations

4.0  Limited Warranty

4.01  Limited Warranty of Products Manufactured by Lyon

1.00  GENERAL CORPORATE INFORMATION.  Lyon Technologies, Inc. (Lyon/Seller) is a manufacturer of quality animal care products. Seller is located at 1690 Brandywine Avenue, Suite A, Chula Vista, CA 91911 U.S.A. Seller reserves the right to delete, change, or modify products at any time without prior notice or obligation with respect to prior models sold. Every attempt has been made to provide accurate data and pricing in our catalogs and price sheets. We assume no liability for errors, omissions or printing errors.

2.00  TERMS & CONDITIONS OF SALE.

2.01  SCOPE.  These terms of sale apply to the sales of products by Lyon. These terms may in some instances conflict with the terms proposed by the Buyer. Therefore, the acceptance of the Buyer’s order is made only with the understanding that to the extent that any of these terms and conditions conflict with any of the terms of the Buyer’s order, these terms and conditions shall govern. These terms shall be deemed accepted by the Buyer placing an order, accepting the goods, or tendering in full or partial payment. The Seller’s failure to object to provisions contained in any communication from the Buyer shall not be deemed a waiver of these terms. Any additions to or deviation from these terms must be proposed to the Seller at its office, and must be accepted in writing by the Seller before such terms will become part of the contract.

2.02  APPROVAL OF ORDERS.  All orders and contracts must be approved and accepted by the Seller at its office.  Quotations sent to customers are not considered a sales order until finalized and agreed upon by both the Buyer and Seller.

2.03  PRICE.  The price to be paid by the Buyer shall be that presented on the Seller’s price list at the time the order is received and is exclusive of all applicable taxes, insurance, postage, freight, export packaging and other fees or forwarding charges. Seller reserves the right to change prices without notice.

2.04  PAYMENT.  Unless otherwise expressly agreed, no order will be accepted by the Seller unless the full purchase price and all other charges accompany the order. If the Seller permits the Buyer to have an open account with credit terms, the Buyer shall pay the full price and all charges within the terms of the agreement; usually within thirty (30) days after shipment by the Seller. Payment methods accepted by the Seller are cash tender, check, American Express, Discover, MasterCard, and Visa credit cards, wire transfer, or electronic funds transfer. Bounced checks and credit card chargeback expenses will be conferred upon the Buyer along with a $25 fee.

2.05  LATE PAYMENT CHARGE.  Buyer shall pay a late payment charge equal to 1.5% per month on any payment which is not paid when due.

2.06  SECURITY INTEREST.  Seller shall retain a security interest in all goods, as security for the full payment of all sums owed by the Buyer.  Buyer hereby appoints Seller as Buyer’s agent to sign and file any UCC-1 financing statements to evidence this security interest.

2.07  SALES TAX.  Buyer shall pay any and all applicable sales tax or use tax, if any, plus any other applicable federal, state, or local sales or use taxes imposed on the sale.

2.08  PACKAGING.  Seller will package the goods for shipment within the continental United States of America.  Buyer shall pay Seller for the reasonable cost of packaging pursuant to Buyer’s special instructions or for export.

2.09  SHIPPING.  All shipments are FCA Lyon Technologies. All shipments are made via carriers selected by Lyon. Shipments made using the Buyer’s requested carrier may be charged a packaging and handling fee in proportion to the value of the items shipped. Unless otherwise expressly stated, shipments shall be rerouted at Seller’s discretion.  Buyer shall pay Seller for the cost of shipment, including any and all export fees or taxes. All costs of insurance, documentation, and bank charges incurred in shipment shall be paid by the Buyer.

2.10  RISK OF LOSS.  Title and risk of loss or damage pass from the Seller to the Buyer when goods are accepted by the carrier at the point of shipment (Seller’s loading dock) unless otherwise expressly stated and agreed upon by the Seller. Seller is not responsible for any loss or damage to the shipment after goods have been transferred to the carrier. Claims for loss or damage during transit or storage must be made by the Buyer directly to the carrier, storage company, or insurance company, if any. If the Buyer requests that the Seller insure the goods until delivery at Buyer’s destination, the Buyer shall pay the Seller for the costs involved. The Seller, at its own discretion, may assist the Buyer with filing claims against carriers only if the Buyer files such claims immediately upon inspection and discovery of said loss or damages. However, the Seller in no way is obligated to do so and bears no responsibility financially or in the replacement of goods damaged or lost in transit.

2.11  INSPECTION.  Buyer shall promptly inspect all goods received from the carrier upon delivery. Buyer shall notify Seller within ten (10) business days after delivery of any damages on account of condition, quality or grade of the goods, and the Buyer must specify in detail the basis of the claim. Failure of Buyer to comply with these terms shall constitute acceptance of the goods and a waiver of any claims for damages.

2.12  RETURN AUTHORIZATION of GOODS.  Goods may be returned to the Seller for credit only with the Seller’s approval and issuance of a return merchandise authorization number. Buyers who wish to return goods to the Seller must contact the Seller at (888) 596-6872 (888-LYONUSA). Returned goods must be sent to the Seller’s facility at 1690 Brandywine Avenue, Suite A, Chula Vista, CA 91911 U.S.A. Returned merchandise is subject to a restocking fee of $15 or 10% of the returned item’s sale price. Goods returned to the Seller without prior authorization may be refused by the Seller. Buyer accepts shipment charges to return any goods to the Seller and must be prepaid. The Seller will not assume any shipment charges for items returned unless the Seller has expressly agreed to do so in advance of receipt of the returned goods. C.O.D. will not be accepted. Any returns arriving C.O.D. will be refused by the Seller and returned to the Buyer at the Buyer’s expense. Credit issued for returned goods shall be at the original price of the item at the point of sale (invoiced price). All returned goods must be in new and resalable condition to receive full credit, unless otherwise authorized by the Seller. No credit will be made on the return of used, damaged, obsolete, altered, or customized goods, unless otherwise expressly approved in advance of return by the Seller. Resellers of Lyon’s products may not return replaced goods purchased by their customers without prior authorization from the Seller. Some products are not returnable due to the possible contamination of the item by animal use. If an animal care product is returned under the belief that it was unoccupied by an animal or animals, and it is later discovered upon inspection at the Seller’s facility to have been used by the Buyer and is therefore contaminated, the Seller shall return the item to the Buyer at the Buyer’s expense and no credit will be offered. If the item is under warranty, the Seller reserves the sole authority to repair or replace the returned item at the Seller’s discretion.

2.13  AUTHORITY OF SELLER’S AGENT.  No agent, employee, or representative of the Seller has any authority to bind the Seller to any affirmation, representation, or warranty concerning the goods sold under this agreement, unless specifically included in writing and agreed upon by the Seller.

2.14  REMEDIES.  Buyer and Seller shall have all remedies afforded to each by the California Commercial Code.

2.15  APPLICABLE LAW.  The sale and any disputes arising between the Buyer and Seller shall be governed by the laws of the State of California. All disputes shall be resolved in mediation or by the courts in the County of San Diego, California, U.S.A.

2.16  ATTORNEY’S FEES.  In the event of any dispute with respect to this sale or agreement, the party prevailing in any court resolution of such dispute shall be entitled to recover from the other party all reasonable attorney’s fees and related costs.

2.17  ENTIRE AGREEMENT.  This documentation, the order form and the current price list contain the entire agreement between parties, unless accompanied by an addendum written and approved by the Seller, and they supersede all prior representations, agreements, understanding, trade practices, proposals or contracts. The words “goods” or “products” used herein mean one and the same thing.

3.00  DISCLAIMER OF WARRANTIES.

3.01  GOODS OFFERED AS-IS.  All goods purchased from the Seller are offered as is. The entire risk as to the quality and performance of the goods is with the Buyer. Should the goods prove defective following their purchase, the Buyer, not the Manufacturer or Seller, assumes the entire cost of all servicing repairs. Buyer understands that all expressed and implied warranties are excluded from this sale, excepting only as specified in section 4.00 below.

3.02  LIMITATIONS.  Some states do not allow limitations on how long an implied warranty lasts or exclusions or limitations of incidental or consequential damages. Therefore, the above limitation may not apply to the Buyer. The limited warranty contained herein gives the Buyer specific legal rights, and the Buyer may have other rights which vary from state to state.

4.00  LIMITED WARRANTY.

4.01  LIMITED WARRANTY OF PRODUCTS MANUFACTURED BY LYON.  Any product manufactured by Lyon is warranted to be free from defects in material and workmanship for a period of ninety (90) days after the date of purchase by the first user of the product (s). This limited warranty may be extended to one (2) year by completing the warranty registration card included with the purchased item and returning it to Lyon. Within the warranty period, Lyon will repair or replace, at its option, as subject to the Buyer receiving authorization from the Seller for return of the products, which are returned to Lyon with all shipping fees prepaid, and are determined to be defective upon examination by Lyon’s quality inspector. This warranty will not apply to any product which has been subject to alteration, misuse, abuse, rough handling, negligence, accident, or other circumstance beyond the control of Lyon. Purchased individual component parts are not covered by Lyon’s (2) year limited warranty.  Purchased individual component parts have a 90 day limited warranty.

WORLDWIDE LIMITED WARRANTY

At Lyon Technologies, we stand behind the quality of our products and are proud to offer a limited worldwide warranty. All Lyon products are guaranteed against manufacturer and material defect for 2 years and will be repaired or replaced at Lyon’s discretion.

To qualify for our Worldwide Limited Warranty you must:

  • Visit our website at http://www.lyonusa.com/lyon-products-registration to activate your warranty within 30 days of receipt of product.
  • Notify Lyon of the defect before the warranty period expires.
  • Must be the original purchaser of the product with proof of purchase.
  • Have used and properly maintained our products in the manner in which they were intended.

In the instance of manufacturer or material defect, Lyon Technologies, Inc. will cover labor costs and parts, for up to 2 years after purchase. During the 2 year limited repair warranty period, items may be shipped back to Lyon for repairs, at the customer’s expense.  All repair work for products must be performed by the manufacturer. Any repair work attempted by an unauthorized party will void any remaining warranty including the current claim.  Purchased individual component parts are not covered by Lyon’s (2) year limited warranty.  Purchased individual component parts have a 90 day limited warranty.

WARRANTY RETURNS

All returns must be authorized by Lyon customer service and given an RMA number before products can be returned.

Lyon is not responsible for products returned without authorization.

If any items have been purchased through a Lyon Technologies approved Distributor, please contact the distributor prior to contacting Lyon Technologies.  Please do not contact Lyon Technologies, Inc. directly.

When shipping an item back to Lyon Technologies, Inc. for replacement or repair, Lyon Technologies, Inc. recommends that the item be insured by the customer. Any damages to the item, caused by mishandling of the shipping company, will be brought to the customer’s attention upon arrival. It is the responsibility of the customer to file a damage claim with the shipping company.

This warranty does not cover:

  • Normal wear and tear
  • Improper usage of our products
  • Installation of components, parts, or accessories not originally intended for or compatible with the specific unit.
  • Damage or failure due to misuse, abuse, or neglect

This warranty is void in its entirety by any modification of our products or repair that is unauthorized by Lyon Technologies.

This warranty extends from the date of purchase, is offered only to the original owner, and is not transferable.

This warranty applies only to Lyon products purchased directly from Lyon or through Lyon by an authorized dealer or distributor.

LIMITATION of LIABILITY

Lyon Technologies and their agents are not responsible for the loss of eggs, birds or other animals in the event of failure, however caused.

This warranty is expressly limited to the repair or replacement of a defective item, and said repair or replacement is the sole remedy of the warranty. Under no circumstances shall Lyon be liable to buyer or any other person for any special, liquidated, incidental or consequential damages, including without limitation, damages based upon lost goodwill, lost sales or profits, work stoppage, delay, product failure, impairment of goods or otherwise and whether arising out of breach of warranty, breach of contract, negligence or otherwise, and in any case, Lyon’s liability for any losses and damages sustained by Buyer and others rising out of or by reason of this contract shall not exceed the original purchase price of the products upon which liability is founded.

Lyon shall not be responsible for expenses for repairs not made by Lyon without the prior written consent of Lyon. Product specifications are subject to change without notice or obligation.

Some states do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you. Any claim against this warranty must be made through an authorized distributor or Lyon Technologies. Proof of purchase is required. All products must be registered with Lyon Technologies before a warranty claim may be processed. Claims made outside the country of purchase may be subject to fees and additional restrictions. Warranty duration and detail may differ by product type and/or by country. This warranty gives you specific legal rights, and those rights may vary from place to place. This warranty does not affect your statutory rights.

CUSTOMER SATISFACTION RETURN POLICY

Customer satisfaction is Lyon’s primary focus. All products manufactured by Lyon Technologies come with a 30-day refund period. During the 30-day refund period customers may return, at their own expense, unopened and unused items in the original packaging for a full refund.   If items are not returned in re-salable condition adjustments to the refund will be made.  All returns are subject to a 10% re-stocking fee.  Refunds will not be issued until the item has arrived at the Lyon Technologies facility been inspected and verified as unused and in saleable condition. Items that have been used or deemed un-saleable will be returned to the customer at the customer’s expense. Shipping charges will not be refunded. All returns must be authorized by Lyon customer service and given an RMA number before products can be returned. Lyon is not responsible for products returned without authorization. When returning an item to Lyon we recommend that the item be insured by the customer. Any damages to the item, caused by mishandling of the shipping company, will be brought to the customer’s attention upon arrival. It is the responsibility of the customer to file a damage claim with the shipping company Lyon cannot refund products damaged during shipment back to Lyon.

SPECIAL ORDER PRODUCTS

Lyon on occasion manufactures custom engineered or special order products. The Customer Satisfaction Return Policy does not apply to special order or custom engineered products.

GRUMBACH PRODUCTS

All Grumbach products have a 2-year limited warranty.  Lyon Technologies, Inc. will cover the cost of parts to repair the unit. Labor costs and shipping expenses are the responsibility of the customer unless otherwise agreed upon by Lyon Technologies, Inc.  All repair work for Grumbach products must be performed by the manufacturer or by Lyon the only authorized service center and authorized technicians for Grumbach products.   Any repair work attempted by an unauthorized party will void any remaining warranty including the current claim. Lyon warrants only those Grumbach products purchased directly from Lyon or an authorized Lyon agent. All other Lyon Warranty conditions apply.

R-COM PRODUCTS

All R-Com Products carry a 1-year limited warranty. Lyon Technologies, Inc. will cover labor costs and parts, for up to 1 year after purchase. During the 1 year limited repair warranty period, items may be shipped back to Lyon for repairs, at the customer’s expense.  All repair work for R-Com products must be performed by the manufacturer or by Lyon the only authorized service center and authorized technicians for R-Com products. Any repair work attempted by an unauthorized party will void any remaining warranty including the current claim. Lyon warrants only those R-Com products purchased directly from Lyon or through Lyon by an authorized Lyon agent.  All other Lyon Warranty conditions apply.

QUESTIONS

Contact us at info@lyonusa.com or call 1-888-LYON-USA (1-888-596-6872