Shipping, Terms, Returns & Warranty
Shipping
Alumilite is dedicated to timely processing and shipment of all orders. Orders are processed within 1-2 business days, although we strive to ship all orders the same day. Should you have questions concerning the shipment of your order, please call Customer Service at (269)488-4000.
Alumilite Shipping Details:
- Business hours: Monday-Friday 8AM to 5PM EST (Kalamazoo, Michigan)
- We cannot guarantee same day shipping. All orders are subject to a 1-2 business day processing time prior to shipping.
- Flat Rate Shipping- Alumilite reserves the right to choose shipping mode/carrier for Flat Rate shipping. When offered, only valid for online orders with domestic shipping addresses to the lower 48 states.
- 2-Day/Next Day/ Express Orders – these orders do take priority. Delivery on weekdays only, call for exceptions.Orders placed after 2PM EST may not ship until the following business day. For urgent shipments, please call to verify that we can meet your delivery needs.
- We do not process or ship orders on weekends or nationally observed holidays. Orders placed on weekends or holidays will be processed on the next available business day.
- P.O. Boxes - We do not ship to P.O. Boxes. If this is a necessary requirement, please contact Customer Service for assistance.
- International Orders – We do ship internationally, although at this time orders must be placed by calling Customer Service directly at (269)488-4000.
Terms
and Conditions of Sale
California
Medical Innovations, Alumilite Corporation and Raw Materials
Suppliers are subsidiaries of Polytek
®
Development
Corp. and are represented in the following Terms and Conditions of
Sale.
Acceptance
The
following Terms and Conditions of Sale constitute the sole and entire
agreement between you and Polytek
® Development
Corp. (“Polytek
®”),
in connection with your purchase of products from Polytek
®
Development
Corp. No terms or conditions contained in any acknowledgement,
receipt, email or other communication from you shall bind
Polytek
® unless
otherwise expressly agreed in writing by Polytek
®.
By submitting an order, you shall be deemed to have accepted these
Terms and Conditions of Sale, and any additional terms you propose in
any written or oral communication from you to Polytek
® shall
be deemed to materially alter these Terms and Conditions of Sale.
These Terms and Conditions of Sale shall be deemed to provide you
with notification of Polytek
®’s
objection to any such additional or different terms that you propose
to Polytek
®.
Payment
Policy
Prices
are subject to change without notice. Prices do not include
state and local taxes. Our standard credit terms are Net 30
days for approved accounts. A credit card fee will be charged
when used to pay balances on an open account. Past due accounts
may incur 1.5% finance charges per month. We accept VISA,
MasterCard, American Express, PayPal, wire transfer, check, and
ACH/EFT payments. Returned checks will incur a $40.00 returned
check fee.
Orders
placed via Polytek websites must be paid in advance.
Polytek
® accepts
PayPal, VISA, MasterCard and American Express.
Any
claim concerning invoice amounts shall be made within ten (10)
business days from date of receipt of invoice by Buyer, or shall be
deemed void.
Sales
& Use
Currently,
Polytek
® collects sales or use tax for Pennsylvania, Indiana, Illinois, California, Michigan, Arizona, Texas, Georgia & New Jersey. For these states, sales tax will be automatically added to your order. You are otherwise responsible for any applicable use tax on your purchases. If you are tax exempt, please call 1-610-559-8620 to place your order and provide a tax exemption certificate for your purchase.
Shipping
Typically,
orders for regularly stocked products are processed and shipped
within two (2) to three (3) business days from the date the order was
placed, and custom or special order products are typically processed
and shipped within seven (7) to ten (10) business days from the date
the order was placed; however, Polytek
® does
not guarantee a delivery date. If you have a specified delivery date,
please contact Polytek
® via
e-mail or phone. Polytek
® shall
pack and mark the Products according to its standard procedures for
domestic and/or export delivery. For hazardous shipments, additional
charges may apply and be added to your invoice. For
"freeze-protect" on latex purchases, additional charges may
apply.
Unless otherwise agreed in writing, all Products shall be sold and
delivered Ex Works (Incoterms 2010) from Polytek
®’s
facilities. Title and risk of loss shall pass to Buyer simultaneously
with delivery. Buyer assumes all risk and liability for, and hereby
agrees to indemnify Polytek
® from
and against all losses, liabilities, damages and claims whatsoever
(whether for personal injury, property damages or otherwise), arising
out of transportation, including unloading, storage, handling or use
of any products after title passes to Buyer. Prepaid freight and
fuel surcharges may apply to certain orders. No COD shipments.
Return/Refund
Policy
Polytek® may,
in its sole discretion, accept returns for unopened, unused material
within thirty (30) days of the invoice date. Before returning any
Product, Buyer must obtain a return authorization from Polytek
®,
which will be valid for no more than fifteen (15) business days from
the date of Polytek
®’s
issuance, provided that Polytek
® receives
the returned Product within the 15 business-day period. Buyer must
prepay all freight, however, Polytek
® will
issue Buyer a credit for freight where Polytek
®determines
that nonconforming Product has been delivered. A 10% restocking fee
may be charged for processing the return. Refunds will be issued
using the same form of payment initially used to make the purchase.
Acceptance
You
hereby agree and acknowledge that Polytek
®’s
sales agents shall not have the authority to bind or in any way alter
the terms and provisions of these Terms and Conditions of Sale. Your
use of any goods and products purchased shall be deemed conclusively
that all such goods and products are conforming and satisfactory to
you.
Warranty/
Rejecting Non-Conforming Products
Polytek® warrants
to you that most unopened products, with the exception of latex-based
products, will, for a period of six (6) months from the shipment
date, conform to the product specifications. Latex-based products
will, for a period of three (3) months from the shipment date,
conform to the product specifications. The obligation of
Polytek
®,
and your sole and exclusive remedy, pursuant to this warranty shall
be for Polytek
® (at
its option) to repair or replace any defective product which is
returned to Polytek
®’s
principal place of business, with transportation charges prepaid and
thereafter determined by Polytek
® to
not comply with the terms of Polytek
®’s
warranty above. Notwithstanding the foregoing, Polytek
® shall
have no warranty obligation hereunder if the product becomes
defective in whole or in part as the result of alterations not made
by Polytek
® or
as the result of improper use or storage, or misapplication after it
has been delivered to the you. Polytek
®
will
replace non-conforming products rejected by you, provided that you
report the non-conforming products to Polytek
® in
writing within thirty (30) days of the invoice date. If you fail to
notify Polytek
® of
any non-conformance within thirty (30) days of the invoice date, you
shall be deemed to have accepted all such products as delivered
subject to Polytek
®’s
warranty obligations above. No repair or replacement under
Polytek
®’s
warranty obligations will extend or enlarge the warranty period.
EXCEPT
AS SET FORTH HEREIN, POLYTEK
® MAKES
NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING UPON
POLYTEK
®’S
SKILL OR JUDGMENT TO SELECT OR FURNISH PRODUCTS OR GOODS SUITABLE FOR
ANY PARTICULAR PURPOSE OR UPON ANY AFFIRMATIONS OF FACT OR PROMISES
OF POLYTEK
® WHICH
EXTEND BEYOND POLYTEK
®’S
SPECIFICATIONS. IN THAT REGARD, AND EXCEPT AS OTHERWISE EXPRESSLY
PROVIDED HEREIN, YOU AGREE AND ACKNOWLEDGE THAT YOU ARE ACCEPTING THE
PRODUCTS ON AN “AS-IS” AND “WITH ALL FAULTS” BASIS.
FURTHERMORE, YOU HEREBY EXPRESSLY AGREE AND ACKNOWLEDGE THAT
POLYTEK
® SHALL
HAVE NO LIABILITY OF ANY NATURE HEREUNDER BEYOND REPLACEMENT OR
REPAIR OF ANY DEFECTIVE PRODUCTS. POLYTEK
® SHALL
HAVE NO LIABILITY OR OBLIGATION OF ANY NATURE FOR ANY SPECIAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE
OR PROFITS) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR ORDER OR THE
PRODUCTS REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN TORT,
WARRANTY, CONTRACT OR ANY OTHER LEGAL AND / OR EQUITABLE THEORY, AND
EVEN IF POLYTEK
® HAS
BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY OTHER PROVISION HEREIN TO THE CONTRARY, IN NO
EVENT SHALL POLYTEK
®’S
TOTAL LIABILITY TO YOU EXCEED THE PRICE ACTUALLY PAID BY YOU FOR THE
PRODUCTS.
Force
Majeure
Polytek®’s
performance shall in all cases be subject to delays resulting from
governmental requirements, strikes, or other concerted acts of
workmen, fires, floods, explosions, riots, war or armed conflict
(declared or undeclared), accidents, acts of God, acts of terrorism,
and other causes reasonably beyond Polytek
®’s
control.
Severability
In
the event that any provision of these Terms and Conditions of Sale
shall be invalid, illegal or otherwise unenforceable, the validity,
legality and enforceability of the remaining provisions shall in no
way be affected or impaired thereby.
Governing
Law/Choice of Venue
Your
order and all payments are being made to Polytek
®’s
headquarters in the Commonwealth of Pennsylvania and the terms and
conditions of your transaction (along with all rights, duties and
obligations arising hereunder) shall be construed, interpreted and
enforced in accordance with the laws of the Commonwealth of
Pennsylvania without regard to its conflicts of law rules that would
necessitate the application of the laws of any other jurisdiction.
You also agree that any claim or action relating in any way to your
order (except actions in which Polytek
® seeks
equitable relief) shall be brought in the Court of Common Pleas of
Northampton County, Pennsylvania, or if based solely upon federal
law, in the United States District Court for the Eastern District of
Pennsylvania. You hereby submit to the exclusive jurisdiction
of said Courts. Furthermore, you agree that venue in said
Courts shall be proper in all respects and covenants not to assert
any defense or objection to the venue of said Courts.
To
the maximum extent permitted by applicable law, the terms and
conditions of your transaction (along with all rights, duties and
obligations arising hereunder) shall be construed, interpreted and
enforced in accordance with the laws of the State of Delaware without
regard to its conflicts of law rules that would necessitate the
application of the laws of any other jurisdiction. You also
agree that any claim or action relating in any way to your order
(except actions in which Polytek
® seeks
equitable relief) shall be brought in the Delaware Court of Chancery
in and for New Castle County, or if based solely upon federal law, in
the United States District Court for the District of Delaware.
You hereby submit to the exclusive jurisdiction of said Courts.
Furthermore, you agree that venue in said Courts shall be proper in
all respects and covenants not to assert any defense or objection to
the venue of said Courts.
Successors
and Assigns
You
may not transfer or assign any of your rights or delegate any of your
obligations hereunder without the express prior written consent of
Polytek
®.
These Terms and Conditions of Sale shall be binding upon, and inure
to the benefit of Polytek
® and
its respective successors and assigns, including any corporation with
which, or into which, Polytek
® may
be merged or which may succeed to its assets or business.
No
Transfer of IP
You
and Polytek
® expressly
agree and covenant that except as otherwise expressly provided in a
separate written agreement executed by you and Polytek
®,
the sale of the products shall not be construed as granting any
right, license, interest or claim of any nature in any trademark,
service mark, patent, trade secret, invention, intellectual property
right, or confidential information of Polytek
®.
You agree and covenant not to copy, reverse engineer or otherwise
decompile the products for any commercial purpose.
Export
Terms
You
shall be solely responsible for complying with any and all laws
and/or regulations governing the exportation of any goods or products
delivered hereunder from the United States and the importation of any
such goods or products in the country of destination, including,
without limitation, the payment of any taxes and/or duties thereof.
No
Waiver
The
waiver by Polytek
® of
any term, covenant, agreement or condition herein contained shall not
be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, agreement or condition herein contained.
No covenant, term, agreement or condition of these Terms and
Conditions of Sale shall be deemed to have been waived by a party
unless such waiver is in writing by such party.
Entire
Agreement
These
Terms and Conditions of Sale contain the entire understanding between
the parties hereto with respect to the subject matter hereof, and
supersede all prior and contemporaneous agreements and understanding,
inducements or conditions, express or implied, oral or written, among
you and Polytek
®with
respect to your purchase of the products. These Terms and
Conditions of Sale may only be amended in writing and signed by an
authorized corporate officer of Polytek
®.
Indemnity
You
shall and hereby covenant to protect, defend, indemnify and hold
harmless Polytek
® (which
for this purpose shall include Polytek
®’s
parent companies, affiliates, subsidiaries, associates, directors,
officers, employees, agents, successors and assigns) of, from and
against and from any and all losses or damages, including (without
limitation) any judgments, civil penalties, interest, expenses and
costs (including, without limitation, attorneys’ fees), claims,
lawsuits, actions, proceedings or investigations (“Claims”) which
are made or brought against Polytek
® (or
other person indemnified hereunder) by any person, government or
entity arising out of or in any way related to (a) the death of or
injury to any person or damage to any property that resulted or is
alleged to have resulted from the negligence or willful misconduct of
you, your employees, subcontractors, and agents, in the performance
of your obligations hereunder, or from your use of the products sold
hereunder; (b) in connection with any drawings, schematics,
promotional or advertising matter, guarantees, warranties, labels, or
instructions furnished by you or submitted to Polytek
® by
you; (c) out of any infringement of any patent, design, trade name,
trademark, copyright, trade secret, or any other intellectual
property right or entitlement of any third party due to your use of
the products; or (d) out of any environmental, property or toxic tort
claim, lawsuit, judgment, loss, civil penalty or action