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Terms and Conditions
Terms and Conditions of Use
Effective
9/1/2020
THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Acceptance of the Terms and Conditions
These Terms and Conditions of Website and Ecommerce are entered into by and between you (“You”, “Your” or “Buyer”) and Quality Environmental Containers, Inc. (“QEC”, “Company”, “we”, or “us”). The following terms and conditions, together with QEC’s Privacy Policy, which is expressly incorporated herein by reference (collectively, the “Terms and Conditions”), govern Your access to and use of www.qecusa.com, including any content, functionality, and services offered on or through www.qecusa.com (the “Website”).
Please read the Terms and Conditions carefully before You start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and Conditions including our Privacy Policy, incorporated herein by reference. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy
By using this Website, you represent and warrant that You are of legal age to form a binding contract with QEC. If You are agreeing to these Terms and Conditions on behalf of a company or other legal entity, You represent that You have the authority to bind such entity to these terms and conditions, in which case the terms "You", "Your" or "Buyer" shall refer to such entity. If You do not meet all of these requirements, you must not access or use the website.
Changes to the Terms and Conditions and the Website
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms and Conditions means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on you.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any functionality, features, service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
You are responsible for:
• Making all arrangements necessary for You to have access to the Website.
• Ensuring that all persons who access the Website through Your internet connection are aware of these Terms and Conditions and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of Your use of the Website that all the information You provide on the Website is correct, current, and complete. You agree that all information You provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.
If You have created an account with the Company, You shall maintain the confidentiality of Your username and password and any other information related to Your account or log-in procedure, including, without limitation, any PIN, multi-factor authentication credentials, or security questions and answers, (“Log-in Credentials”). Your Log-in Credentials may not be transferred to or shared with anyone. You are not permitted to allow anyone to log-in using Your Log-in Credentials. You shall notify the Website administrator at [email protected] immediately if You become aware of any unauthorized use of Your Log-in Credentials or if the confidentiality of Your Log-in Credentials may have become compromised. You are responsible for all activity that occurs under Your Log-in Credentials. Company has the right (but not the obligation) to immediately suspend or terminate Your ability to access and use the Website if, in Company’s sole discretion, (a) Your use may cause harm to the Website or disrupt the ability of other users to use and access the Website, (b) fraudulent, unauthorized or illegal use of the Website is or may be occurring, (c) such suspension or termination is necessary or advisable to protect the Website, Company’s confidential information, Your data or the data of any other Company client, (d) Company may be required by law to suspend or terminate access, or (e) Your use of the Website is in violation of any other agreement between You and Company. You may be unable to access the Website from time to time in the event Company or its contractors are performing maintenance to or updating the Website, and such inability to access the Website may be due to scheduled or unplanned maintenance or updates.
Prices
Prices and product specifications are subject to change without notice. Prices billed will be those in effect at time of shipment with the exception of backordered items, which will be billed at the price in effect at the time the order is submitted. Prices will fluctuate up or down based on the prevailing market conditions for each type of raw material. We reserve the right to update prices due to errors, with or without notice to you. For questions about our most current prices, please call us at 800.255.3950 or email [email protected].
Promotions
Ongoing offers on qecusa.com are subject to change without notice. All offers are subject to availability while supplies last. Please note offer expiration dates where applicable. Offers expire at 11:59 pm Eastern Time on the stated expiration date, unless otherwise noted.
To redeem an offer code, enter the code in the text box marked “Coupon Code” at checkout. Unless otherwise indicated, only one (1) offer code may be used per order and offers cannot be used in combination with any other discounts, offers, promotions, or special pricing.
Orders must meet the applicable minimum purchase amount (if any) in merchandise value (excluding taxes, ineligible products, shipping & handling, or any other fees) as stated in the promotion to qualify.
Offers only valid for new orders placed on qecusa.com, unless otherwise noted, and only under the conditions specified in the offer (e.g. “new customers only”).
Offers cannot be applied to previously placed orders. Only authorized orders will be processed and shipped. We reserve the right to cancel any order due to unauthorized, altered or ineligible use of offer and to modify or cancel any promotion due to system error or unforeseen problems. Other restrictions may apply.
Promotional offers have no cash value and are not redeemable for cash, except as required by law.
Typographical Errors
All efforts are made to have accurate pricing and product specifications. In the event that a price or product specification is listed incorrectly, we reserve the right to refuse or cancel any orders placed for the product at the incorrect price.
Protected Content & Images
All product images are for illustrative purposes only. The actual product You receive may vary. Please refer to the product description for specific details of the product.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, re-post, download, store, or transmit any of the images, content or other material on our Website except that You may print or download one copy of a reasonable number of pages of the Website for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
• Modify copies of any materials from this Website.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
If You are in breach of these Terms and Conditions, your right to use the Website will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
Trademarks
The Company name, Trademarks set forth on our Trademark webpage, the QEC logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners, and You must not use such marks without the prior written consent of the applicable owner.
Reliance on Information Posted
THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
Notice
QEC may deliver notice to You by means of email to the email address You have provided to us, a general notice on the Website, or by other reliable methods, to the street address You have provided to us. In the event that a problem occurs with Your order, we will attempt to contact You via email or phone to resolve the problem. If, after two business days, we are unable to contact You to resolve the issue, we reserve the right to cancel Your order. It is Your responsibility to ensure that email spam filters are set to allow these notifications to be received successfully from QEC.
Minimum Order Amount
There is no minimum charge or small order fee on orders shipped domestically. Orders shipped internationally are subject to a minimum merchandise purchase of $100, plus shipping charges FOB Beaver, WV.
Credit (Open Account)
To open an account, you must submit a credit application, and the company must be listed with Dun & Bradstreet (D&B). Unrated companies may submit five trade references with fax numbers for credit review. Assigned credit for unrated companies will be based on D&B rating and/or trade reference evaluation and may take several days to process. To reduce shipping delays while waiting for open account approval, you may pay with credit card or send remittance with Your initial order.
Open Account Payment Terms
Subject to credit approval, all invoices are payable upon receipt. If any items are on backorder, your credit account will not be charged until the items ship. If payment is not received within 30 days, all prompt pay discounts (monetary/quantity discounts) are cancelled and full payment is due. Further, additional orders will not be shipped until payment is received in full. Open account balances may not be paid by credit card.
Company is relying upon Buyer’s representation of solvency and if Company at any time reasonably believes that Buyer is insolvent or its credit is impaired, Buyer shall be in material breach hereof and Company may, without liability to Buyer, withhold performance, change payment terms. In extending any credit hereunder, Buyer shall pay to Company interest on the unpaid amount at the maximum annual rate permitted by law or 1-1/2% per month, whichever is less and if Buyer fails to pay according to the terms of this contract, Company may make such charges and may also collect the amount unpaid with Buyer being liable to Company for all costs of collection including attorney’s fees and court costs.
If Company shall at any time doubt Buyer’s financial responsibility, Company may demand adequate assurance of due performance or decline to make any further shipments except upon receipt of cash payment in advance or security. If Company demands adequate assurance of due performance and the same is not forthcoming within 10 days after the date of Company’s demand, Company may at its option (1) defer shipments under any order from Buyer which Company has accepted until adequate assurances are received or (2) cancel this order and any other order from Buyer which Company has accepted and recover damages.
Shipping & Handling
Parcel orders for in-stock items will ship within 24-48 hours (with the exception of U.S. holidays, annual physical inventory days, inclement weather or extreme volume). Custom orders and out of stock items have longer lead times and will ship as they become available.
1. Freight Prepaid and Added: Unless requested otherwise, most orders ship via ground carrier freight prepaid and added to your invoice.
2. LTL Shipments: Rates for LTL shipments may not include additional fees such as residential delivery, lift gate, or delivery appointment notification. These fees will be added to Your invoice and are Your responsibility. If any of these special services are required, please contact QEC Customer Service. Delivery requiring a signature is furnished upon request only.
3. Collect Shipments: Collect Shipments are not permitted for on-line orders. If you wish to arrange for collect shipment, please place your order by contacting QEC’s Customer Service Team at 1.800.255.3950 or emailing [email protected].
4. International Shipments: International orders are subject to a minimum merchandise purchase of $100. International orders are shipped from our facility in Beaver, WV and all shipping costs, taxes, duties, tariffs and customs in the destination country are Your responsibility. If You are interested in placing an international order, please email us at [email protected] for more details.
5. Expedited Shipping: Expedited shipping may be requested by contacting QEC Customer Service (1-800-255-3950 or [email protected]) Monday through Friday, 8:00 am to 6:00 pm Eastern time (excluding federal holidays). The cutoff time for same day expedited shipping of in-stock orders is 12:00 pm ET. Expedited in-stock orders placed after 12:00 pm will ship the next business day. Payment for all additional costs for expedited shipping is the sole responsibility of the purchaser.
6. Drop Shipments: We can drop ship certain items upon request. Please contact QEC Customer Service at 800.255.3950 or email [email protected] for more details.
International Orders
International Orders require a minimum merchandise purchase of $100. All international orders require a certified cashier’s check drawn on a US bank in US dollars or an electronic fund transfer before the order will ship. Credit cards and money orders are not accepted for international orders. Freight charges are calculated at time of shipment. Please allow 24-48 hours of additional processing time for freight rates.
Freight options for international shipments are listed below. Buyer is responsible for all freight costs, taxes, duties, tariffs and customs laws in destination country.
• FedEx International Priority
• FedEx International Economy
• USPS Airmail Parcel Post
• USPS Economy Parcel Post
• Collect shipment from US Port via Your Freight Forwarder
Rates for FOB shipments will vary based on distance traveled, "actual weight vs dimensional weight" and method of shipment. Please note that any package sent via USPS will not have a tracking number - this means that once a package leaves our warehouse, we're no longer liable for any transit related issues.
Missing or Damaged Merchandise Claims
1. Freight Prepaid: Claims for merchandise missing or damaged in transit should be made immediately upon receipt, and no later than 30 days after receipt of delivery, by calling us at 800.255.3950.
2. LTL Shipments: For LTL Pallet deliveries, please inspect the pallet before signing. Signing the delivery receipt confirms that You are accepting the shipment in good condition and with no missing items. If any of the merchandise is missing or damaged, you must notate this on the delivery receipt. Without those notations we are not able to file a claim with the trucking company, and therefore cannot reship at no cost.
3. Freight collect: Claims for Freight Collect shipments are to be made with the customer’s chosen carrier for that shipment. Notification delays may result in longer resolution time. You are responsible for any damaged or missing merchandise shipped Freight Collect.
Returns
All returns must be pre-authorized by us in our sole and absolute discretion. The Purchaser shall inspect each shipment of delivered products upon delivery, and shall notify QEC, in writing, of any non-conformity within ten (10) days after such inspection, or within five (5) days after discovery of the non-conformity if the non-conformity is not reasonably detectable upon original inspection. In the absence of such notice, the delivery shall be deemed accepted. To request a return, you must contact QEC Customer Service at 800.255.3950 for a Return Authorization number (“RA Number”) within 10 days of receipt of shipment.
QEC will not accept unauthorized returns without an RA Number, and returns shipped freight collect or COD will be refused. The RA Number must be clearly visible on all packages being returned.
Material returned without such approval will not be accepted and such approval may be conditioned upon customer paying a restocking charge of up to 20% of the unit(s) sale price and freight costs of returned material (and out-freight if applicable). All returned materials must arrive at the point of return designated by QEC in salable condition, as determined by QEC's Quality Control Department before any credit will be issued. Items that have been used, filled or altered in anyway are not eligible for return. Also not eligible for return are Level 3 (Certified) products, special orders, custom orders (including Custom-Preserved™ items), preserved products, custom-labeled or custody-sealed products, and other items as specified by QEC. Upon receipt of your eligible return, QEC reserves the right either to offer replacement of the returned merchandise or refund the purchase price, at our sole discretion. Shipping costs are not refundable.
Claims for Loss, Damage or Shortage
Upon delivery, shipments must be inspected by Customer for damage, loss or shortage prior to acceptance from the carrier. If damage, loss or shortage exists with respect to any shipment and it is not concealed, Customer shall immediately contact QEC. If damage, loss or shortage is not immediately evident, Customer must notify QEC within 5 days and hold the merchandise for its inspection. No claims for damage, loss or shortage will be allowed unless QEC is provided evidence of the shipment in question by a representative of the Purchaser.
Cancellation
In the event of a cancellation, the Purchaser is obliged to pay for any delivered products, products in transit to purchaser, finished custom products awaiting shipment, and/or custom products in production. Further, it may be required to reimburse QEC for lost revenue as well as for expenses incurred up until the time of cancellation, including material, labor, overhead, selling, general and administrative expenses, based on standard QEC rates. Included in these expenses are all costs related to specific production scheduling whether or not any material has been supplied or is in process. The foregoing is in addition to all other remedies available hereunder, at law or in equity.
Warranty Disclaimer
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DEVICES, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ADEQUACY, USEFULNESS, TIMELINESS, ACCURACY, SHELF LIFE OR AVAILABILITY OF THE WEBSITE OR ANY INFORMATION OBTAINED FROM THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY GOODS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Items depicted or described herein are not necessarily suitable for every kind of use and, therefore, UNLESS OTHERWISE STATED IN WRITING, QEC MAKES NO WARRANTY THAT THE CONTAINERS, CLOSURES, AND OTHER ITEMS DEPICTED OR DESCRIBED HEREIN ARE FIT FOR ANY PARTICULAR PURPOSE OR SHELF LIFE. ITEMS ARE SOLD “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, QEC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Notwithstanding anything to the contrary herein, this Warranty Disclaimer section will survive any expiration or termination of these Terms and Conditions.
Limitation of Liability
FOR THE WEBSITE: TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA (COLLECTIVELY, “INDIRECT DAMAGES”), AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
FOR QEC’S GOODS AND SERVICES: QEC’S LIABILITY ON CLAIMS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WITH RESPECT TO THE GOODS OR SERVICES SHALL NOT EXCEED THE PRICE OF THE GOODS OR SERVICES OR PART THEREOF WHICH GIVES RISE TO THE CLAIM. IN NO EVENT SHALL QEC BE LIABLE FOR ANY INDIRECT DAMAGES ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE GOODS ON THIS WEBSITE OR THE PERFORMANCE OF THE GOODS, EVEN IF QEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding anything to the contrary herein, this Limitation of Liability section will survive any expiration or termination of these Terms and Conditions.
Indemnification
Buyer agrees to indemnify, defend, and hold harmless, Quality Environmental Containers, Inc., its officers, directors, members, employees, subsidiaries, divisions, affiliates, successors and assigns, from and against all claims, liabilities, judgments, awards, losses, expenses, damages and costs, including reasonable attorney’s fees, arising in whole or in part out of (a) failure of Buyer, its agents, employees or customers to follow specifications, instructions, warnings or recommendations furnished by QEC, (b) failure of Buyer, its agents, employees or customers to comply with all applicable laws and regulations, including, but not limited to any applicable Federal, state and local laws and regulations governing hazardous materials or safety, all as they may be amended or supplemented from time to time, (c) misuse of the goods by Buyer, its agents, employees or customers including use of goods with any substance that causes injury to person or property, (d) misrepresentation by Buyer, its agents, employees or customers, (e) the sole or contributing negligence of Buyer, its agents, employees or customers, or (f) alleged infringement of any patent, trademark or copyright as a result of QEC’s performance in accordance with Buyer’s designs, plans, specifications or directions, (g) any and all lawsuits, liabilities, damages, injuries, claims, demands and expenses (including attorneys’ fees and legal expenses) of whatever kind and nature arising on account of the manufacture, use, storage, maintenance or repair of any of QEC’s goods regardless of by whomever manufactured, used, operated, maintained or stored and/or arising as a result of claims based upon strict liability imposed upon QEC except for claims directly resulting from QEC’s gross negligence; (h) any violation of these Terms and Conditions or any activity related to Buyer’s account (including negligent or wrongful conduct) by Buyer or any other person accessing the Website using Buyer’s Internet account; or (i) Your use of the Website, including, but not limited to, Your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions or Your use of any information obtained from the Website. Buyer hereby waives and releases QEC from all rights of contribution or indemnity to which it may otherwise be entitled. Notwithstanding anything to the contrary herein, this Indemnification section will survive any expiration or termination of these Terms and Conditions.
Buyer Agreement
It is the sole responsibility of the Buyer to determine the suitability of any services and goods including all parts and components of the goods purchased from QEC, and Buyer agrees that it is not relying on QEC in making such determination even if QEC provided assistance, guidance or design. The Buyer should not rely on QEC in making such determination. Buyer assumes full responsibility for any particular use or purpose. Buyer should not order or use any goods or services unless it is satisfied that the goods and services are suitable for Buyer’s use. Buyer agrees to store and use all goods and services in a safe manner and in compliance with all applicable laws. QEC cautions Buyer, and Buyer acknowledges being advised, that not all products are compatible with the containers and other goods sold on this website and Buyer agrees not to use any goods with any abrasive, caustic, or acid solutions or any other substance, which may cause injury to persons or property. Buyer agrees to comply with all local, state and federal laws governing the use or resale of goods sold by QEC.
BUYER AGREES TO CLEAN CONTAINERS THAT BUYER DEEMS SUITABLE FOR EDIBLE, RESPIRED OR VAPORIZED PRODUCTS BEFORE FILLING.
Links to Third Party Sites
This Website may display links to third party sites. These links are provided for Your convenience only. We have no control over the contents of those sites or resources, and we are not responsible for the content of such links‚ or for any products‚ services or other materials relating to any linked site‚ or any link contained in a linked site. The display of any link does not imply endorsement by us of the linked site or any content therein. In no event will we be liable‚ directly or indirectly‚ to anyone for any damage or loss arising from or relating to any use‚ continued use or reliance any linked third-party site‚ or any link contained in a linked site. If You decide to access any of the third-party sites linked to this Website, you do so entirely at Your own risk and subject to the terms and conditions of use for such sites.
Geographic Restrictions
The owner of the Website is based in the state of West Virginia in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, you do so on Your own initiative and are responsible for compliance with local laws.
Force Majeure
Company shall not be liable for any delay or other failure of performance due to causes beyond its reasonable control, including without limitation acts of God, acts of Buyer, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, delays in transportation or car shortages, inability to obtain necessary labor, materials, components, equipment, services, energy or utilities through Company’s usual and regular sources at usual and regular prices or failure or inability of the manufacturer of the goods to perform. In any such event, Company may, with notice to Buyer, at any time and from time to time without further liability to Buyer (a) postpone its performance, (b) make partial performance or cancel all or any portion of this contract or (c) allocate available quantities among its customers in any manner which Company deems reasonable. Cancellation of any part of this contract shall not affect Company’s right to payment for performance of any other part hereof.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Disputes
These Terms and Conditions shall be construed in accordance with the laws of the State of West Virginia, without regard to principles governing conflicts of laws. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, THESE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF QEC OR OUR AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN BECKLEY, WEST VIRGINIA AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and You consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between us and You individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If Company pursues any legal action to enforce any of its rights, Company shall be entitled to recover from Buyer all reasonable attorneys’ fees and all other costs and expenses incurred by Company in connection with such action. Any action against Company with respect to the goods or services purchased on this Website will be forever barred and waived and released by Buyer if it is not commenced by Buyer within one year from the date of delivery of the particular good or service which gives rise to the claim.
Entire Agreement
The Terms and Conditions constitute, as stated or hereinafter amended or supplemented, the sole and entire agreement between You and QEC regarding the Website and purchases made at the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. All provisions that expressly state they survive expiration or termination of these Terms and Conditions will so survive and remain in effect, and all other provisions that protect QEC or the Indemnified Parties (including, without limitation, disclaimers and reservations of rights), and all waivers, releases, assignments, rights and licenses granted by You or undertakings or obligations of Yours under these Terms and Conditions will survive the expiration or termination of these Terms and Conditions and remain in effect.
This website is operated by:
Quality Environmental Containers, Inc.
P.O. Box 1160
607 Industrial Park Road
Beaver, WV 25813