Acceptance of Contract Terms
The following are terms of a legal agreement between you and Devil in an Apron ("DiaA"). By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by DiaA from its offices within the United States. DiaA makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of California.
Use Restrictions
The copyright in all material provided on this Site is held by DiaA or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of DiaA or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without DiaA's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
U.S. Government Restricted Rights
The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of DiaA's proprietary rights in them.
Trademarks
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of DiaA and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner.
DiaA aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Devil in an Apron or the Devil in an Apron logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. DiaA prohibits use of the DiaA logo as a "hot" link to any DiaA site unless establishment of such a link is approved in advance by DiaA in writing.
A partial list of U.S. Trademarks owned by DiaA follows. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of DiaA should be referred to DiaA at U.S. 1-415-819-6446. The Trademarks followed by an asterisk (*) include logos bearing the same content.
* DEVIL IN AN APRON * trademark
Disclaimer Warranty
The materials on this site are provided "as is" without warranties of any kind either express or implied. To the fullest extent possible pursuant to the applicable law, DiaA disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. DiaA does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the materials on this site or any sites linked to this site.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall DiaA be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if DiaA or an DiaA authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Our Transmissions
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by DiaA or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to DiaA online will be handled in accordance with DiaA's online privacy practices. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Term of Use Revisions
DiaA may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.
General Conditions
a) No understanding, promise, or representation, and no waiver, alteration, or modification of any of the provisions stated shall be binding upon the Seller unless accepted in writing by Seller.
b) All orders are subject to credit approval and final acceptance by Seller.
Delivery
Unless otherwise specifically provided, delivery of the equipment shall be made F.O.B. shipping point, at which time the title and risk of loss shall pass to the Buyer. Seller shall not be liable for delays in delivery or in performance, or failure to manufacture due to causes beyond its reasonable control.
Packing, Marking, and Shipping
Goods shall be packed, marked and shipped using good commercial practices for protection and shipping. Enhanced service will be separately specified and an additional charge will be made to meet the Buyer's prescribed requirements.
Substitutions
Minor aesthetic and flavor variations, will not be deemed to constitute failures to comply with specification requirements or constitute defects in materials or workmanship. Seller reserves the right to discontinue manufacture of goods and change specifications without prior notice, provided the performance of manufactured by Seller are neither adversely affected nor reduced below any contract specifications. Seller also reserves the right to make product improvements without any obligation or responsibility to incorporate such changes in goods previously manufactured or delivered.
Pricing
a) Seller reserves the right to revise and announce new prices for the goods covered in quotations. Seller will honor the old prices if an order is received prior to the expiration of a valid quotation outstanding at the time of the price change. Subsequent orders for the same goods are subject to the revised of newly-announced prices. Unit prices are applicable only to the specified quantity and are subject to revision if the quantity is changed.
b) Prices exclude direct charges for special requirements unless these additional requirements are separately defined, priced and listed.
Taxes
Unless otherwise stated, quoted prices do not include sales, use, excise, or similar taxes nor export or import fees. Such taxes and fees will be borne by the Buyer.
Payment Terms
Payment is due in full at the time the order is made.
Warranty
Seller warrants to the Buyer that all Seller goods when sold are free from defects in materials and workmanship under normal use and service until consumption or for a period of two weeks from the date of shipment, as evidenced by Seller's packing list or transportation receipt, whichever occurs first.
Seller's obligation under this warranty shall be limited to the repair or replacement of goods, at Seller's option, which Seller's examination shall disclose to it's satisfaction to be defective. In no event shall Seller's liability for any breach of warranty exceed the net selling price of the defective goods.
Seller has no obligation or responsibility for goods which have been repaired or altered by other than Seller's employees.
THIS WARRANTY IS THE ONLY WARRANTY MADE BY SELLER AND IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED.
Warranty Claim Procedures
Defective goods must be returned, transportation charges prepaid to Seller for correction.
Seller will pay return transportation charges for warranty repair. Upon redelivery of goods corrected under this warranty, the repaired or replaced portions shall be subject to this warranty for a period of 5 days or until expiration of the original warranty, whichever is later. All claims of failed or defective goods must be in writing and received by the Seller within the specified warranty period.
Repair or replacement of defective goods will be at Seller's discretion and for the Buyer's account when the cause of failure is determined by Seller's examination to be misuse, mishandling, or abnormal conditions of operation. In such event affirm price quotation for correction of the goods may be submitted to the Buyer. No repair or replacement work will be initiated prior to receipt of the Buyer's written authorization to proceed and approval of price, except as may be necessary to complete Seller's examination of the goods. If returned goods are determined not to be defective or if the Buyer elects not to authorize correction at its expense of goods not covered by this warranty, the Seller may charge a reasonable amount for such evaluation. Any amounts due Seller under these conditions will be subject to the same payment terms as the original sale. The Buyer will not recover from Seller by offset, deduction, or otherwise, the price of any goods returned to Seller under this warranty.
Limitation of Liability
Seller's liability of any claim of any kind, whether in contract or in tort including negligence, for any loss of damage arising from, connected with, or resulting from this contract (or quotation), or from the performance or breach thereof, or from the design, manufacture, safe, delivery, installation, inspection, operation, or use of any equipment covered by or furnished under this contract, shall in no case exceed the purchase price of the goods which give rise to the claim. In no event whether as a result of breach of contract or warranty or alleged negligence, shall Seller or its employees, agents, suppliers, or contractors be liable for special, incidental, exemplary, or consequential damages including, but not limited to, loss of profits or revenue, loss of use of the goods or any associated equipment, cost of capital, cost of substitute equipment, facilities or services, downtime costs, or claims of customers of the Buyer for such damages.
Cancellation
a) Orders which are cancelled prior to shipment, if standard items, are subject to a 25% restocking charge for those items already in production or in finished goods inventory awaiting shipment to Buyer.
b) Orders which are cancelled prior to shipment, if those items are "custom" items designed or modified to the Buyer's specifications, are essentially non-cancelable for that portion in production or in finished goods inventory awaiting shipment to the Buyer, and are subject to full recovery costs.
Applicable Law
The terms of quotations and any resultant orders shall be governed by and interpreted in accordance with the laws of the State of California.
Summary
No self-respecting devil lacks love for lengthy and draconian legal terms agreements, but in reality we are very nice and will do everything we can to make our clients happy. If for any reason you are unhappy with our product or service, please contact us:
Phone: (415) 819-6446
Email: q@devilinanapron.com