Total: $75.00
Free shipping for standard order over $100
Please read these terms of sales carefully before placing an order with Sur D Soi. The information provided to you on this site applies to your purchase of the products or Goods. By placing an order for any product, you acknowledge that you have read, understood, and agreed to the Terms of Sales. If you do not agree to the Terms of Sales, you may not purchase the products from Sur D Soi. Your purchase of the product indicated your acceptance of these Terms and Conditions and acknowledgment.
In this policy page, you will get to know the following information:
In these terms, “Seller” indicates the Seller of the products as defined herein; “Buyer” means the entity is purchasing the products, including any successors thereof; “products” means the, products, services, and/or materials manufactured, imported, supplied and/or delivered for or by Seller to Buyer; “Contract” means the contract concluded by Seller and Buyer for the supply of products either as specified in the Seller’s pertinent invoice or as otherwise contemplated therein, whether expressly or impliedly, including by actual acceptance of the products by Buyer and/or by any payment therefor, whereby it is expressly agreed that the conclusion of which shall be considered to constitute full consent to performing all transactions contemplated thereby on the sole and exclusive basis of these General Terms and Conditions, unless otherwise confirmed in writing by Seller. “We”, “our”, “us” will refer to Sur D Soi.
Unless otherwise specifically agreed in writing, prices set in Seller’s pertinent invoice are net, excluding packaging, and shall be deemed Ex-works. Prices are based on production costs for supplies, labor, deliveries, duties, and services current on the order date. In the event of a material increase in any such costs, the Seller reserves the right to either adjust the prices for products accordingly or cancel any certain part of the sales relating to undelivered products. Duties, taxes, fees, levies, and other compulsory payments applicable to the sale of products at any time and freight, express, insurance, and delivery charges shall all be borne and paid in full by Buyer, unless otherwise expressly confirmed in writing by Seller.
Any delivery dates noted on the Seller’s pertinent Invoice are subject to reasonable adjustment. Accepting shipment by a common carrier or by any licensed public truckman shall constitute proper delivery. Risk associated with the products shall pass to Buyer on delivery, upon any collection of the products by the Buyer or with the passing of title in the products, whichever occurs first; provided, however, that where delivery is delayed due to circumstances caused by or within the responsibility of Buyer, risk of loss shall pass to Buyer upon Seller’s notification that products are ready for dispatch. Unless otherwise specified in writing in the Seller’s pertinent invoice or Contract, all charges, expenses, or taxes associated with the delivery shall be paid by the Buyer.
Title shall pass to Buyer only upon full payment by Buyer of the price of the products and following all other outstanding debt payable by Buyer to Seller (if any). At Seller’s request, Buyer shall take any measures necessary under applicable law to protect Seller’s title in the products and lawfully notify Buyer’s present or potential creditors of Seller’s title on and interest in the products. Buyer acknowledges that so long as title has not been transferred in the products, it holds the products as bailee and fiduciary agent for the Seller and shall safely and securely store and keep the products separate and in good condition, clearly showing the Seller’s ownership of the products and shall respectively record the Seller’s ownership of the products in its books. Notwithstanding the above, Buyer may use products for its own use, or sell products, as fiduciary agent for the Seller, to a third party in the normal course of business by bona fide sale at market value, whereby proceeds of such storage, usage or sale of products, as the case may be, shall, to the extent of the amount being owed by Buyer to Seller at the time of receipt of such proceeds, be held by Buyer on trust for Seller and specifically ascertained, until payment in full for all payable debts by Buyer to Seller.
5.1. We warrant that the products will not be defective upon transfer of risk in the products to you by these conditions. Subject to Clause 6.3. if the products are defective upon transfer of risk in the products to you by these conditions, then you may: (i) require performance by us of our relevant obligations under these conditions in accordance with their terms; (ii) withdraw from the agreement between you and us and return the products to us after that we will refund the purchase price for the products returned to us, or (iii) reduce the purchase price payable in respect of the defective products.
5.2. The limitation period regarding a claim for a breach of the warranty in clause 6.1 is 6 months from the date of transfer of risk in the products to you following these conditions.
5.3. In the case of a defect of a delivered item, please return the item to us accompanied by a Goods Returns Authorization form. This form can be obtained by contacting us at customerservice@surdsoi.com. You will be asked for proof of the date of purchase. On return of the products, they will be inspected by our warranty department. Only products found by us to be defective will be credited or exchanged.
5.4. Please note that our products are specifically designed to protect against slip(s) and falls. In the event of constant or significant exposure to caustic cleaning agents, animal fat, and/or acidic acids, durability as related to wear and tear may be significantly reduced. We are not liable for damages to the product(s) that occur due to or arising from (directly or indirectly) improper handling or care, including (but not limited to) the improper care or handling identified in this clause
Upon failure of Buyer to pay any amounts due to Seller, or in the event of any breach or anticipated breach by Buyer of any Contract with Seller, or if Buyer shall either
a) Become insolvent
b) Call a meeting of its creditors, or
c) Make any assignment for the benefit of creditors, or if
d) A bankruptcy, insolvency, reorganization, receivership or reorganization proceeding shall be commenced by or against Buyer, then, in each such occasion, Seller may, at its sole discretion, opt to:
Each delivery of products shall (without prejudice to Seller’s rights under clause 8 hereinabove) be considered a separate contract and the failure of any delivery shall not vitiate any contract as to deliveries of other products and payment therefor.
Orders manufactured in whole or in part, pursuant to Buyer’s specifications, may not be canceled except with Seller’s prior written consent, on terms which will compensate Seller for any resulting losses.
No rights or obligations of Buyer arising out of this Contract may be assigned without the express prior written consent of Seller.
Should Seller be prevented from effecting deliveries of the products or any of them by reason of either an act of god, insurrection, riot, war hostilities, terror attacks, warlike operations, piracy, arrests, restraints or detainments by any competent authority, strikes or combinations or lock- out of workmen, fire, floods, droughts, earthquakes, permanent or temporary delay or inability to obtain labor, material or services through Seller’s usual and regular sources, or any other circumstances (whether of a nature similar to those specified, or not) beyond the absolute control of the Seller, then, in each such cases, the obligation of the Seller to effect deliveries hereunder shall be suspended until after such prevention shall cease to continue. Should any deliveries under this Contract be suspended under this clause for more than 90 days – either party may withdraw from this Contract and be relieved from any liability; provided however, that Buyer shall nevertheless accept delivery and pay for such products once the Seller is able to deliver in accordance with the period(s) of shipment named in this Contract. Seller shall not be liable for, and be relieved from, any loss or damages of any kind resulting from the causes mentioned herein above.
Any provisions specified or implied by herein or elsewhere notwithstanding, any advice, recommendation, information, assistance or service provided by Seller in relation to the products or in respect of their use or application is given in good faith, shall be deemed accepted by Buyer without imputation of any liability to Seller, and it shall be the responsibility of Buyer to confirm the accuracy and reliability of the same in light of the use of which Buyer makes or intends to make of the products.
This Contract merges and incorporates the entire and exclusive terms and conditions for sale of the products. Nothing specified in, or referred to by, any other document, record or instrument whatsoever, which relates to and/or which otherwise subsists in connection with the sale of products herein, whether expressly or impliedly, including any written order, request or other standard or specific terms of any entity, shall or may be interpreted to attribute to Seller and/or to Seller’s affiliates or representatives
(i) Any liability, obligation, commitment and/or undertaking, and/or
(ii) Any waiver in connection with or of any right, whether contractual, proprietary, in-personam and/or equitable, including but not limited to, any and all intellectual property rights in connection with the products, which are and shall always remain in the Seller’s exclusive and complete ownership under all circumstances whatsoever, notwithstanding any sale of products hereunder and whether the products shall be standard products or manufactured to a specific order. The Buyer shall refrain at all times and for whatever purpose from infringing, contesting, disputing or questioning such rights, patents, trademarks, titles or interests, nor shall it aid or allow others to do so, regardless of whether directly or indirectly. Buyer shall not advertise, present or publish the fact that Seller has contracted with Buyer, nor shall use Seller’s name, Seller’s products and/or any other information or materials relating to the Seller in any advertisement, publication, brochure or website, without the prior approval of Seller. No modification or waiver of any provision hereof shall become valid and effective except upon a written instrument duly signed beforehand by Seller. No waiver by either party of any default of the other party shall be deemed a waiver of any subsequent or other default.
This Contract shall be governed by and construed in accordance with the laws of the jurisdiction of Seller’s incorporation and excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Any dispute arising out of or in connection with this Contract shall be finally settled by arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (“ICC”), as shall be in effect from time to time. The arbitration shall be held at such location in the state of Seller’s incorporation as shall be determined by Seller, in its sole discretion. The arbitrator shall be mutually appointed by Seller and Buyer within 21 (twenty one) days following a written demand for arbitration by either of the parties. Failing to reach an agreement regarding the nomination of an arbitrator, the head of the relevant ICC national committee, shall appoint an arbitrator at the request of any of the parties, a copy of which request for the appointment of an arbitrator shall be provided by the requesting party to the other party. The arbitrator’s fees shall be paid by both parties in equal parts, unless otherwise determined by the arbitrator. This provision shall survive any termination of any of the terms and conditions herein, and shall be deemed to constitute an independent arbitration agreement between Buyer and Seller for all purposes and intents. Each party undertakes to ensure that any and all transactions and/or actions performed pursuant to this Contract and/or otherwise in connection with the Seller’s products, shall be conducted in a fully transparent and lawful manner and properly reported to all relevant authorities. Each party represents on its own behalf and on behalf of any representative, that
(i) It will act at all times in strict compliance with all applicable rules and regulations, including but not limited to anti-money laundering measures, tax rules, customs regulations and any other legal financial directions and obligations, as well as any trade restrictions, international sanctions and other legal obligations as imposed by the relevant authorities from time to time; and
(ii) It has not and will not offer, promise, give, authorize, solicit or accept any action which may be directly or indirectly bring to the payment, extortion or solicitation of bribes, kickbacks or any other improper payments, the obtaining of any undue advantage of any kind, the facilitation of undue influence on decision making by any third party, the laundering and/or concealing and/or disguising the true origin of funds and products, any other corrupt acts or other acts designed to evade, bypass or circumvent the application of laws, sanctions or other authority decisions, which are in any way connected and relevant to this Contract or to the cooperation between the parties.
