Terms of Sale
Vista Finishing Terms and Conditions of Sale
These terms and conditions of sale, including information made available via a hyperlink herein, (collectively, the “Agreement”) apply to your purchase of products from Beacon Innovation Solutions, LLC dba Vista Finishing (“Vista Finishing”) by phone, internet, or otherwise. By placing your order with Vista Finishing, you accept and are bound to the terms of this Agreement. Vista Finishing specifically rejects any different, inconsistent, conflicting or additional terms or conditions you may provide in the course of the sale of products from Vista Finishing to you. Any variation to this Agreement shall not be valid or binding upon Vista Finishing unless the president of Vista Finishing expressly accepts such terms or conditions in writing.
ORDERS. Any order shall be subject to acceptance by Vista Finishing. Vista Finishing may decline any order in whole or in part, for any lawful reason whatsoever. If Vista Finishing accepts your order, Vista Finishing will notify you of its acceptance by sending an order confirmation. Once Vista Finishing has sent the order confirmation to you, you may not cancel the order. Vista Finishing is not responsible for pricing, typographical or other errors in any offer by Vista Finishing and Vista Finishing reserves the right to cancel any orders arising from such errors.
PAYMENT TERMS. Terms of payment are within Vista Finishing’s sole discretion and unless otherwise agreed to by Vista Finishing, payment must be received by Vista Finishing prior to Vista Finishing’s acceptance of an order.
TAXES. Stated prices do not include any customs duties, sales, use, value added, excise, federal, state, local or other taxes. Unless you provide Vista Finishing with a valid tax exemption certificate, all such duties or taxes shall be paid by you.
SHIPPING AND DELIVERY. Shipping charges, if any, will be added to your invoice for the products purchased. Any delivery dates Vista Finishing quotes are estimates only. Vista Finishing cannot guarantee delivery on a specific date. Failure to deliver upon a certain date, for whatever reason, shall not entitle you to terminate this Agreement, cancel the order, or claim consequential, liquidated or other damages. Vista Finishing reserves the right to deliver products in partial shipments or installments. Additional shipping and delivery details can be found at Delivery and you agree to those terms. All shipment(s) are sold Free On Board (F.O.B.) to Customer location via truck with title of ownership passing to customer upon leaving the Vista Finishing shipping point.
RETURN AND REPLACEMENT POLICY. Vista Finishing’s return policy can be found at Product Returns and you agree to those terms.
LIMITED WARRANTY. THE LIMITED WARRANTY APPLICABLE TO VISTA FINISHING’S PRODUCTS CAN BE FOUND AT WARRANTY OR IN THE DOCUMENTATION VISTA FINISHING PROVIDES WITH ITS PRODUCTS, WHICH WARRANTY YOU AGREE IS AVAILABLE FOR INSPECTION PRIOR TO CONSUMMATION OF THE SALE CONTEMPLATED BY THIS AGREEMENT. VISTA FINISHING MAKES NO OTHER WARRANTY TO YOU, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND TO THE FULLEST EXTENT PERMITTED BY LAW, VISTA FINISHING DISCLAIMS ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT, ADVICE, OR CONSULTATION, IF ANY, FURNISHED TO YOU BY VISTA FINISHING OR ITS REPRESENTATIVES, WHETHER AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. Some jurisdictions do not allow for the exclusion or limitation of warranties (including those implied by law or guaranteed by statute), so the above limitation may not apply to you.
LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, VISTA FINISHING WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING THE COST OF PROCUREMENT OR INSTALLATION OF ANY SUBSTITUTE FOR THE PRODUCTS PURCHASED), HOWEVER CAUSED, AND REGARDLESS OF THEORY OF LIABILITY, EVEN IF VISTA FINISHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, VISTA FINISHING’S LIABILITY WILL NOT EXCEED THE AMOUNT YOU WERE INVOICED FOR THE APPLICABLE PRODUCT.
GOVERNING LAW; VENUE. In all respects this Agreement shall be governed by the procedural and substantive laws of the State of Ohio without giving effect to any choice of law principles which might provide for application of a different jurisdiction’s law. Any claim or action brought in connection with this Agreement shall be brought in the appropriate Federal or State court located in Cuyahoga County, Ohio, and you irrevocably and unconditionally consent to the exclusive jurisdiction and venue of such courts.
MISCELLANEOUS. This Agreement constitutes the entire contract between you and Vista Finishing for your purchase of products from Vista Finishing; there are no other contracts, express or implied. The headings contained in this Agreement are intended solely for convenience of reference and are not intended to be part of or affect the meaning or interpretation of this Agreement. No course of dealing, nor any failure or delay in exercising any right, power or privilege hereunder by Vista Finishing shall operate as a waiver thereof. If a court of competent jurisdiction declares any provision of this Agreement to be invalid, unlawful or unenforceable as drafted, such provision shall be amended and construed in a manner designed to effectuate the purposes of the provision to the fullest extent permitted by law. If such provision cannot be so amended and construed, it shall be severed, and the remaining provisions shall remain unimpaired and in full force and effect to the fullest extent permitted by law.