Website Terms and Conditions
Agreement between user and www.dentalfurnaceelements.com
Welcome to www.dentalfurnaceelements.com. The www.dentalfurnaceelements.com website (the "Site") is comprised of various web pages operated by Dental Furnace Elements LLC ("Dental Furnace Elements"). www.dentalfurnaceelements.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.dentalfurnaceelements.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.dentalfurnaceelements.com is a E-commerce Site specializing in the sale and support of heating elements for dental furnaces.
Visiting www.dentalfurnaceelements.com or sending emails to Dental Furnace Elements constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Dental Furnace Elements is not responsible for third party access to your account that results from theft or misappropriation of your account. Dental Furnace Elements and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Dental Furnace Elements does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.dentalfurnaceelements.com only with permission of a parent or guardian.
Cancellation/ Refund Policy
All orders are non-cancellable. Returns are subject to prior approval by Dental Furnace Elements LLC, and will be charged a restocking fee. For warranty information, please review our Terms of Sale.
Links to third party sites/Third party services
www.dentalfurnaceelements.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Dental Furnace Elements and Dental Furnace Elements is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Dental Furnace Elements is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Dental Furnace Elements of the site or any association with its operators.
Certain services made available via www.dentalfurnaceelements.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.dentalfurnaceelements.com domain, you hereby acknowledge and consent that Dental Furnace Elements may share such information and data with any third party with whom Dental Furnace Elements has a contractual relationship to provide the requested product, service or functionality on behalf of www.dentalfurnaceelements.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Dental Furnace Elements or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Dental Furnace Elements content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Dental Furnace Elements and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Dental Furnace Elements or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Dental Furnace Elements from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Dental Furnace Elements Content accessed through www.dentalfurnaceelements.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Dental Furnace Elements, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Dental Furnace Elements reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Dental Furnace Elements in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DENTAL FURNACE ELEMENTS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DENTAL FURNACE ELEMENTS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DENTAL FURNACE ELEMENTS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Termination/ Access Restriction
Dental Furnace Elements reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio and you hereby consent to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dental Furnace Elements as a result of this agreement or use of the Site. Dental Furnace Elements's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Dental Furnace Elements's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Dental Furnace Elements with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Dental Furnace Elements with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Dental Furnace Elements with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Dental Furnace Elements reserves the right, in its sole discretion, to change the Terms under which www.dentalfurnaceelements.com is offered. The most current version of the Terms will supersede all previous versions. Dental Furnace Elements encourages you to periodically review the Terms to stay informed of our updates.
Collection of your Personal Information
Dental Furnace Elements may collect personally identifiable information, such as your name. If you purchase Dental Furnace Elements's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. We may gather additional personal or non-personal information in the future.
Information about your computer hardware and software may be automatically collected by Dental Furnace Elements. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Dental Furnace Elements website.
Dental Furnace Elements encourages you to review the privacy statements of websites you choose to link to from Dental Furnace Elements so that you can understand how those websites collect, use and share your information. Dental Furnace Elements is not responsible for the privacy statements or other content on websites outside of the Dental Furnace Elements website.
Use of your Personal Information
Dental Furnace Elements collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Dental Furnace Elements may also use your personally identifiable information to inform you of other products or services available from Dental Furnace Elements and its affiliates. Dental Furnace Elements may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Dental Furnace Elements does not sell, rent or lease its customer lists to third parties.
Dental Furnace Elements may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Dental Furnace Elements, and they are required to maintain the confidentiality of your information.
Dental Furnace Elements may keep track of the websites and pages our users visit within Dental Furnace Elements, in order to determine what Dental Furnace Elements services are the most popular. This data is used to deliver customized content and advertising within Dental Furnace Elements to customers whose behavior indicates that they are interested in a particular subject area.
Dental Furnace Elements will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Dental Furnace Elements or the site; (b) protect and defend the rights or property of Dental Furnace Elements; and, (c) act under exigent circumstances to protect the personal safety of users of Dental Furnace Elements, or the public.
The Dental Furnace Elements website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Dental Furnace Elements pages, or register with Dental Furnace Elements site or services, a cookie helps Dental Furnace Elements to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Dental Furnace Elements website, the information you previously provided can be retrieved, so you can easily use the Dental Furnace Elements features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Dental Furnace Elements services or websites you visit.
Security of Your Personal Information
To secure your personal information from unauthorized access, use or disclosure, Dental Furnace Elements uses the following:
Stripe.com Payment Processing
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
Children Under Thirteen
Dental Furnace Elements does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Dental Furnace Elements by contacting us here:
- Web page: www.dentalfurnaceelements.com
- Email: email@example.com
- Phone: (844) 683-3682
Changes to this Statement
Dental Furnace Elements will occasionally update this Statement of Privacy to reflect company and customer feedback. Dental Furnace Elements encourages you to periodically review this Statement to be informed of how Dental Furnace Elements is protecting your information.
Terms of Sale
YOU AGREE THAT THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE THE COMPLETE AND FINAL AGREEMENT BETWEEN BUYER AND SELLER IN RESPECT OF THE APPLICABLE ORDER. NONE OF THE TERMS AND CONDITIONS CONTAINED IN THIS ACKNOWLEDGEMENT MAY BE ADDED TO, MODIFIED, SUPERSEDED OR OTHERWISE ALTERED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF SELLER, AND THE PRODUCTS RECEIVED BY BUYER FROM SELLER SHALL BE DEEMED TO BE DELIVERED ONLY UPON THE TERMS AND CONDITIONS CONTAINED IN THIS ACKNOWLEDGEMENT.
The acceptance of your ("Buyer") order by Seller for the products set forth on the front side hereof (the "Goods") is EXPRESSLY MADE CONDITIONAL UPON BUYER'S ASSENT TO THE TERMS AND CONDITIONS OF this ORDER ACKNOWLEDGEMENT, and these constitute the only binding terms and conditions between the parties, even if these terms and conditions differ from or are in addition to those on any purchase order or other document sent to Seller by Buyer. Any terms of sale requested by Buyer which are in any way inconsistent with or in addition to these terms and conditions are rejected and will not be binding upon Seller. In the event that a written sales agreement between the parties applies to the Goods, such agreement shall control and supersede any terms or conditions hereof in conflict therewith, but all other terms and conditions hereof shall apply. For purposes of these terms and conditions, "Seller" shall mean Dental Furnace Elements LLC ("The Company") to which you submitted your order.
Except as expressly set forth herein, all prices are F.O.B. Seller's shipping point, are exclusive of taxes and subject to correction for error. Prices are subject to change without notice, and the price invoiced will be the price in effect at the time of shipment Price quotations are valid for 30 days unless otherwise noted by Seller. Any special contract pricing must be specified at the time the applicable order is placed (with reference to the applicable contract); no credit for contract pricing will be issued after acceptance of an order. Buyer shall pay each invoice within 30 days of the date of invoice. Buyer shall make all payments when due without offset, deduction or counterclaim regardless of any claim by Buyer. Amounts not paid when due will bear interest from the invoice date at the rate of 1.5% per month or the maximwn rate allowed by law, whichever is less. Buyer shall pay to Seller all costs and expenses (including reasonable attorneys' fees) incurred in collecting any amounts due hereunder. If the financial responsibility of Buyer becomes impaired or unsatisfactory to Seller, advance cash payments or satisfactory security shall be given by Buyer upon demand by Seller, and shipments may be withheld until such payment or security is received.
The amount of any sales, use, ad valorem, property or other tax or duty, however designated, levied or based on the Goods, or the sale or delivery thereof, shall be added to the price quoted and billed to and paid by Buyer. If Seller is required to pay any such tax or duty, Buyer shall reimburse Seller therefor, or provide Seller with an appropriate exemption certificate or other documents acceptable to the taxing or customs authorities.
All Goods shall be shipped via a carrier designated by Seller at Buyer's expense. Buyer shall pay all costs incurred by Seller in connection with shipping such Goods, including, without limitation all insurance, freight, cartage, warehousing, and all other charges in connection with loading and shipping the Goods to Buyer. All shipping dates are approximate and tentative, and are based on prompt receipt from the Buyer of all necessary information. Requests for proof of delivery must be made within 60 days of the date of shipment If Buyer fails to accept delivery, Buyer shall nonetheless make payment to Seller. Claims for shortage, damage or non-delivery shall be made directly to carrier. Seller's responsibility ceases upon delivery to the carrier at the stated shipping point, and risk of loss, damage, injury or destruction to any of the Goods shall pass to Buyer upon such delivery to the carrier. In no event shall any loss, damage, injwy or destruction operate in any manner to release Buyer from the obligation to make payments required herein. Seller reserves the right to make partial shipments and to submit invoices for partial shipments. Seller reserves the right to allocate available Goods among its customers in its discretion.
Delays in Delivery
Seller shall be excused for delay in delivery, may suspend performance and shall under no circumstances be responsible for failure to fill any order or orders, or any portion thereof, when due to: acts of God or the public enemy, fires, floods, riots, strikes, freight embargoes or transportation delays, inability to procure labor, fuel, material supplies, or power at current prices or on account of shortages thereof, any existing or future law or governmental act affecting the conduct of Seller's business, or any cause beyond the reasonable control of Seller.
Order Size and Variation
Orders for Goods (other than specially manufactured products) must be for a quantity that is a whole-number multiple of Seller's standard lot-size for such products. Any order for a quantity that is not a whole-number multiple of Seller's standard lot-size will be deemed to be for a quantity that is the nearest whole-number multiple of such lot-size. In the case of orders for altered or modified products, the quantity actually shipped may be less than the quantity ordered based on products that are damaged in the alteration or modification process. In the case of orders for special products, or products ordered by weight or length, the quantity of products actually shipped and invoiced by Seller may be up to ten percent (10%) higher or lower than the quantity ordered Without limiting the foregoing, all products furnished by Seller shall be subject to Seller's standard manufacturing variations and practices within the limits and sizes that Seller produces, and all products purchased are subject to customary quality variations and tolerances recognized within the trade.
Seller warrants that the Goods to conform to Seller's published specifications therefor, or such other specifications as the parties may agree in writing, provided that the Goods are subjected to only the usage for which they were intended and that they are installed and maintained in accordance with Seller's recommendations and specifications. The warranty shall commence on the date of shipment and continue for a period of: 90 days. In the event that Buyer determines that any Good fails to comply with the foregoing limited warranty, Buyer must promptly (but no later than expiration of the applicable warranty period) contact Seller to obtain a return materials authorization. Goods must be returned to Seller, freight prepaid by Buyer, for determination by Seller that such Goods are defective. Such Goods shall be accompanied by a written description of the circumstances under which the applicable Goods purportedly failed. Seller shall replace or repair, at its sole option and expense, any defective Goods for parts thereof that prove to be defective during the warranty period, and return such repaired/replacement Goods to Buyer, freight prepaid by Seller, or refund the purchase price paid therefor. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO BUYER. If Seller determines in its sole discretion that the defect is attributable to any cause other than poor workmanship or defective materials supplied by Seller, then Seller shall have no obligation whatsoever with respect to repair or replacement of the defective Goods, Seller shall return the Goods to Buyer, freight to be paid by Buyer, and the warranty described herein shall be void. This limited warranty does not cover defects caused by normal deterioration and wear and tear, and does not apply if Goods have been subject to modification, or to misuse, mishandling, misapplication, operation outside rated capacities, negligence (including, without limitation, improper maintenance), or accident or if any adjustments or repair has been perfonned by anyone other than Seller or an authorized service representative of Seller. THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, AND SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES, SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS), WHETHER BASED ON TORT, WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF SELLER FOR ANY REASON AND UPON ANY CAUSE OF ACTION WHATSOEVER SHALL BE LIMITED TO THE PRICE ALLOCABLE TO THE GOODS WHICH GAVE RISE TO THE CLAIM, AND SHALL TERMINATE ONE YEAR AFTER SHIPMENT OF THE APPLICABLE GOODS TO BUYER. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Any order for specially manufactured products, or altered or modified versions of standard products that is cancelled after such order is accepted by Seller shall be subject to a cancellation fee detennined appropriate by Seller based on the work performed and expenses incurred as a result of such order.
Orders for standard products are non-cancellable.
Drawings and Technical Documents
All drawing and technical documents delivered by either of the parties to the other party remain the property of the delivering party, and the receiving party may not improperly use, reproduce, or otherwise disclose such materials to third parties. Tooling, setup, drawing, design information and partial preparation charges, when invoiced to Buyer, cover only part of the cost thereof of Seller. Buyer does not acquire any right, title or interest in any tooling, setup, drawings, design infonnation, or invention resulting therefrom. All drawings, techniques, inventions or improvements (whether or not patentable) made or conceived in the course of fulfilling any order, including any intellectual property rights pertaining thereto, shall be the sole property of Seller.
Buyer may not assign its order, these terms and conditions or any right or interest therein or any other obligation arising hereunder without the prior written consent of Seller. The contract resulting from Seller's acknowledgement and acceptance of Buyer's order shall be governed by the laws of the state in which your order was received by Seller. Buyer hereby consents to the jurisdiction of such state for all disputes arising hereunder. Buyer further consents that service of process may be made upon Buyer by certified mail, return receipt requested, at Buyer's last known address and that such service shall be deemed valid personal service. No failure of Seller to insist upon strict compliance by Buyer with these tenns and conditions, or to exercise any right accruing from any default of Buyer shall impair Seller's rights in case Buyer's default continues or in case of any subsequent default by Buyer. Waiver by Seller of any breach shall not be construed as awaiver of any other existing or future breach(es).