Terms of Purchase and Service
Welcome, and thank you for your interest in City Calibration Centers, Inc. (“City Calibration,” “we,” or “us”) Kiosk, which allows you to calibrate the LMP200 Portable Gas Detector, as well as purchase gas tool equipment and related accessories!
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
THESE TERMS APPLY TO DIRECT PURCHASES MADE FROM CITY CALIBRATION BY PHONE, INTERNET, FACSIMILE TO MAKE A PURCHASE, OR BY CLICKING “I ACCEPT,” OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR PURCHASES AND USE OF THE SERVICE, YOU AGREE TO BE BOUND, BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS”). IF YOU HAVE PLACED AN ORDER BUT DO NOT WISH TO BE SUBJECT TO THESE TERMS, YOU MUST PROMPTLY CANCEL YOUR ORDER BEFORE IT ENTERS PRODUCTION AND BECOMES NONCANCELABLE, OR EXCHANGE YOUR PURCHASE IN ACCORDANCE WITH THE RETURN POLICY BELOW.
BY USING THE SERVICE OR CITY CALIBRATION CENTERS MACHINE: (1) YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, (2) YOU REPRESENT THAT YOU ARE USING THE SERVICE FOR PRODUCTS THAT YOU OWN OR PRODUCTS THAT YOU ARE AUTHORIZED BY THE RIGHTFUL OWNER TO CALIBRATE, AND(3) YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THIS “AGREEMENT“) OR IF YOU ARE USING THE SERVICE OR CITY CALIBRATION CENTERS MACHINE TO CALIBRATE PRODUCTS THAT YOU DO NOT OWN, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE RIGHTFUL OWNER OF THE PRODUCT TO THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT OR MAKE ANY OF THE REPRESENTATIONS SET FORTH IN THIS AGREEMENT, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SERVICE PROVIDED BY CITY CALIBRATION CENTERS.
- Overview. City Calibration makes available gas detection products, including those known as “LMP200”, and related spare parts, accessories (collectively referred to as the “Product” in these Terms) and calibrations (such service, the “Service” and each calibration made by you using the Service). To order a Product you must register with City Calibration and subscribe to our service, which stores data, unlocks the Product to perform inspections for 30 days, and enables performing other functions, including through a mobile application (collectively, the “App”). You must be connected to the App in order to use the wireless hardware Product and inspection data.
- All customers of City Calibration shall be licensed master plumbers, or direct employee of a licensed master plumber. The license number, along with other basic information, is required for purchase of our tools.
- Availability. Purchases of the Product are subject to estimated availability at the time that you place your order and can be updated from time to time through email.
- Pricing. City Calibration reserves the right to determine pricing for the Product and Service, as well as charges for delivering the Product. City Calibration will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. City Calibration, at its sole discretion, may make promotional offers with different features and different pricing to any of City Calibration’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. Except in the case of sales tax for certain locations which are identified when payment is taken, all import duties, taxes, tariffs, and other charges are not included in the Product price or delivery costs. These charges are your responsibility. Please check with your state and country’s customs office to determine if there will be additional costs prior to completing your order. If you have already placed an order and discovered that such taxes make your order untenable for you, please contact City Calibration support at [email protected] to rescind your order, and we will refund the amount you paid in connection with your order in full. All orders for the Product must be paid in full prior to delivery by City Calibration of the Product to you. City Calibration reserves the right to suspend delivery and performance until full payment is received.
- General Payment Terms. In order for your offer to purchase a Product to be eligible for City Calibration’s acceptance, you must pay the amount for the Product elected by you. Payment does not guarantee acceptance by City Calibration. All prices and fees are in U.S. Dollars and are non-refundable except as expressly described in these Terms.
- Authorization. You authorize City Calibration to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by City Calibration, to the payment method specified in your account. If you pay any fees with a credit card, City Calibration may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
- Online Payment Transactions. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note that it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
- Orders. Your order constitutes an offer to purchase a Product, and all orders are subject to City Calibration’s acceptance. Except to the extent prohibited by applicable law, City Calibration may accept, decline, or place limits on your order for any reason. You do, however, acknowledge that by clicking on the “Buy”, “Buy Now”, “Purchase”, “Pay Now” or other similar button, you enter into an obligation to pay for the Product. If City Calibration rejects your offer, City Calibration will, as your sole and exclusive remedy and City Calibration’s sole and exclusive liability, refund the amount you paid as described in these Terms. City Calibration will send you an email to the address provided by you once the Product is ready for delivery to indicate whether your order has been accepted or rejected. If you have any questions, comments, or concerns regarding City Calibration’s order acceptance policy, or if you believe that your order was rejected in error, please contact City Calibration at [email protected]. If you do not provide your accurate delivery information within 30 days of City Calibration’s request, City Calibration may, at its sole discretion, provide you a full refund of the amount you paid or continue to attempt to contact you. City Calibration will make reasonable efforts to contact you to provide a refund after that 30 day period, but if City Calibration does not receive a response from you within 90 days of City Calibration’s initial request for your delivery address, or if City Calibration is not able to process your refund after that 30 day period (for example, due to a canceled credit card or closed PayPal account), then City Calibration will treat the amount that you paid as unclaimed property in accordance with applicable law.
- Delivery. City Calibration will attempt in good faith to deliver the Product in accordance with your order or any other schedule that City Calibration may provide to you when placing the order, but City Calibration will not be responsible or liable for any delays or failure in such delivery. City Calibration expressly reserves the right to effect delivery of the Product ordered in any number of separate shipments, and the modes of transport and carriers will be decided at City Calibration’s discretion. During any period of shortage, City Calibration may allocate its supply of the Product in any manner City Calibration deems appropriate. Your order will be delivered to the delivery address you specify when placing your order. If your delivery address is geographically remote or otherwise difficult to deliver to, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. Orders cannot be delivered to PO Box or similar addresses. City Calibration will not be responsible or liable for any delay or failure to deliver due to any cause which is unavoidable or beyond City Calibration’s reasonable control. In such cases, City Calibration will have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.
- Inspection. You should carefully examine all deliveries of the Product upon delivery, and notify City Calibration of any alleged error, shortage, defect or non-conformity of the Product within 5 days after receipt. Your failure to examine and report will constitute a waiver of any claim against City Calibration arising under these Terms or by law with respect to any such error, shortage, defect, or non-conformity reasonably discoverable by examination. You agree to make any and all claims for damage or loss in transit against the carrier.
All sales are final. We accept returns for refund or exchange, for items damaged in transit.
- To be eligible for an exchange, you must first email us within 5 days of receiving the item at [email protected] to alert us of the damage, then return the damaged item to us. Upon inspection of the damaged item, we will ship out a replacement, if available.
Gas Detection Equipment
- Exchanges (if applicable).
Upon sale we only replace items if they are damaged in transit. If you need to exchange it for the same item, send us an email at [email protected] and return your item to us.
- Product Information; Changes. While we have taken reasonable steps to depict the Product as accurately as possible through the photographs and other images featured on our websites, the detailing (such as color, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it. In addition, City Calibration expressly reserves the right, at any time and without notice, to discontinue the production or change the specifications of any Product or the Service.
- Subscription Service. The Service may include additional, premium features that include automatically recurring payments for periodic charges (“Subscription Service”), for example, monthly reload on a prepaid card. If you decide to activate a Subscription Service, you authorize City Calibration to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). City Calibration may increase the subscription fee for any subsequent subscription period if City Calibration gives you advance notice of the increase before it applies. City Calibration may decrease the subscription fee for any subsequent subscription period without notice. You may cancel a Subscription Service by contacting us at: [email protected].
- Delinquent Accounts. City Calibration may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
- Support. You may request support for the Service, including any problems with the Product, by contacting us at [email protected]. City Calibration is under no obligation to provide specific levels of support or to meet specific response or resolution times.
- Use of the Product. You represent that each Product you purchase is for your own use and not for resale. Use of the Product may be subject to local laws, regulations, and ordinances in your jurisdiction, including other health and safety laws. You are responsible for complying with all applicable laws. It is your responsibility to determine whether your use of the Product complies with local laws, regulations, and ordinances. You may request information about the Product from City Calibration to assist you in making your determination, but City Calibration may not have such information available and will not be liable for errors in that information or for your determination. If you do not have sufficient information to determine whether your use of the Product will comply with all applicable laws, regulations, and ordinances, then you should not purchase the Product. You must also use each Product in strict accordance with the applicable user documentation. The wireless hardware Product will not work without an Internet connection. Use of the Service is subject to these Terms. If you violate the Terms, you may not be able to use the wireless hardware Product or certain features of the wireless hardware Product. City Calibration will not be liable for your inability to use any Product.
- Proper Use of Calibration Kiosk. You represent and warrant that: (a) all of the information provided by you to City Calibration to participate in the Service is correct and current, (b) you will not use the Service or the Calibration Kiosk to calibrate any third party’s Products, unless you are authorized in writing by such third party to calibrate such products. In addition to a breach of this Agreement, you acknowledge that any violation by you of any of the covenants, representations or warranties made by you in this Agreement may subject you to state and federal penalties and other legal consequences. You agree that you are responsible for all calibration of products owned by you and for any consequences thereof.
- Enforcement. City Calibration reserves the right to disclose any information as it reasonably believes is necessary regarding your use of the Service, the Calibration Kiosk, or any Product purchased by you to (a) satisfy any applicable Law, legal process or governmental request, (b) assist law enforcement authorities, (c) enforce this Agreement, including investigation of potential violations hereof, (d) detect, prevent, or otherwise address fraud, unlawful activity, security or technical issues, or (e) protect the rights, property or safety of City Calibration Centers and the public. City Calibration will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.
- Ownership. You acknowledge that City Calibration and its suppliers own all right, title and interest in and to the Service, including without limitation all intellectual property rights in and to the Calibration Kiosk and software used to provide the Service. There are no implied licenses in this Agreement. City Calibration reserves the right to modify, suspend or discontinue the Service or the Calibration Kiosk with or without notice at any time and without any liability to you. As between you and City Calibration Centers, you own your Product and, subject to your payment obligations to City Calibration Centers, the Products purchased by you.
- Limited Warranty for Calibration. City Calibration warrants for a period of thirty (30) days following your use of the Calibration Kiosk to successfully calibrate a Product (the “Warranty Period”) that, subject to your proper use of the Product (according to the manufacturer guidelines), the Calibration Kiosk will unlock the Product allowing full use. If your tool goes out of calibration before the 30-day expiration and you have proof of your last calibration, we will recalibration the Product at no charge.
- Exclusive Remedy. City Calibration’s sole liability and your exclusive remedy if we breach the warranty in Section 4 or provide you with any other defective Product will be to exchange or repair the defective Product, as the case may be, and City Calibration shall have no further obligations under this Agreement. The foregoing remedy is conditioned on your returning the defective Product within the Warranty Period or other defective Product within thirty (30) days after purchase from City Calibration Center, as applicable.
- Disclaimer. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 4, YOU UNDERSTAND AND AGREE THAT THE SERVICE, THE CITY CALIBRATION CENTERS KIOSK, AND ANY PRODUCTS PROVIDED HEREUNDER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND CITY CALIBRATION DISCLAIMS ALL OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES RELATING TO THE SERVICE, THE CITY CALIBRATION CENTERS KIOSK, AND PRODUCTS PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON–INFRINGEMENT. CITY CALIBRATION DOES NOT WARRANT THAT USE OF THE SERVICE OR CITY CALIBRATION CENTERS KIOSK WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR RELIABLE, OR THAT THE USE OF THE SERVICE OR CITY CALIBRATION CENTERS KIOSK WILL NOT DAMAGE YOUR PRODUCT. CITY CALIBRATION SHALL NOT BE REQUIRED TO MONITOR OR BE RESPONSIBLE OR LIABLE FOR ANY IMPROPER USE OF THE SERVICE, CITY CALIBRATION CENTERS KIOSK, OR ANY PRODUCT PROVIDED HEREUNDER. NO WARRANTIES ARE MADE BY ANY OF CITY CALIBRATION CENTERS’ SUPPLIERS OR THE PERSON OR ENTITY PROVIDING OR OPERATING THE PHYSICAL SPACE FOR THE APPLICABLE CITY CALIBRATION CENTERS KIOSK (THE “RENTAL SPACE PROVIDER“).
- LIMITATION OF REMEDIES AND DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CITY CALIBRATION NOR KIOSK LOCATIONS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ITS TERMS OR CONDITIONS, THE SERVICE, THE CITY CALIBRATION CENTERS KIOSK, OR PRODUCTS PROVIDED HEREUNDER, ARISING UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR (B) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR REVENUES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CITY CALIBRATION’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER ARISING FROM OR RELATED TO THIS AGREEMENT, THE SERVICE, THE CITY CALIBRATION CENTERS KIOSK, AND PRODUCTS PROVIDED HEREUNDER, AND ANY DAMAGE TO YOUR PRODUCT FROM THE USE OF THE SERVICE OR THE CITY CALIBRATION CENTERS KIOSK, SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE PARTICULAR INSTANCE OF THE SERVICE OR PRODUCT THAT CAUSED SUCH LIABILITY. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION IS INTENDED TO EXCLUDE LIABILITY FOR ANY PERSONAL INJURY OR TANGIBLE PERSONAL PROPERTY DAMAGE PROXIMATELY CAUSED BY ANY DEFECT IN THE CITY CALIBRATION CENTERS SERVICES. THESE LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY EXCLUSIVE REMEDY HEREUNDER.
- Indemnification. You agree to hold harmless and indemnify City Calibration Centers, its subsidiaries’, affiliates’, suppliers’ and Kiosk Locations’ respective officers, agents, and employees from and against any and all claims, losses, liabilities, damages (including without limitation, actual and consequential), lawsuits, judgments, costs and expenses (including without limitation attorneys’ fees), of every kind and nature arising from or in any way related to (a) your use of the Service(s) caused by any defect in the Calibration Kiosk, (b) yours or any third party’s use of any Product provided hereunder c) your breach of any of the terms of this Agreement.
- Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue in the state or federal courts located in, respectively, New York County, New York, or the Southern District of New York.
- Contact Information. The Service and the Product are offered by City Calibration Centers, Inc. located at 298 Montrose Road, Westbury, NY 11590. You may contact us by sending correspondence to that address or by emailing us at [email protected].
- Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, the Application and the Kiosk, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
- Assignment. These Terms of Service are personal to you and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
- Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
- No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
- Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.