Terms And Condition
Terms And Condition
For Products and Services
provided by IntelliClean Solutions, LLC.
The Quantum Vac is brought to you by IntelliClean Solutions, LLC, a limited Liability Company under the laws of Delaware (“IntelliClean Solutions, LLC). Before you begin using the Quantum Vac you must read the terms & Conditions entirely. .
The following terms have the following meanings:
“Company”, “Companies” or “we” or “us” or “our” means IntelliClean Solutions, LLC as the context requires.
“IntelliClean Solutions, LLC as defined in the first paragraph of this Terms & Conditions.
Although we may choose to notify you when material changes are made to these terms, you should periodically review the most up-to-date version, which you can always find at http://www.IntelliCleansolutions.com. We may, in our sole discretion, modify or revise these terms at any time.
2. Ownership and Risk of Loss of IntelliClean Solutions, LLC Device
You bear all risk of loss of, theft of, casualty to or damage to any Device you purchase from the time you receive shipment of device and until the time (if any) when it is returned to us in accordance with these terms & conditions, or expiration of the warranty covering the Device. If, within 60 days after placing your order for the Device directly from the www.quantumvac.com website, you are not satisfied with your Device, you may return it to us for a full product refund of the purchase price, minus shipping and handling. The full refund offer is applicable only to the purchase of your first Device. In order to receive a refund, the device must be returned in its original packaging, be accompanied by proof of purchase and you must pay the expenses of shipping. You will receive your refund or your new Device within a reasonable time frame after we receive your package; which is approximately 45 days for a refund.
You agree to hold harmless and indemnify us and our respective subsidiaries, affiliates, officers, agents, employees, partners and licensors, from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating in any way to, your use of the devices.
5 Year Warranty
EXCEPT AS THIS AGREEMENT EXPRESSLY STATES, AND EXCEPT FOR THE LIMITED 5 YEAR WARRANTY AND THE ACCESSORIES ACCOMPANYING THE EQUIPMENT.THE 5 YEAR WARRANTY COVERS ALL MANUFACTURER DEFECTS WITH THE MOTOR AND WIRING OF THE QUANTUM VAC DEVICE. CUSTOMERS SHALL BE RESPONSIBLE FOR RETURNING ANY DAMAGED PART (SHIPPING) AND INTELLICLEAN SOLUTIONS WILL REPAIR OR REPLACE ANY DAMAGED PARTS AND RETURN THE DEVICE TO THE CUSTOMERS AT INTELLICLEAN SOLUTIONS EXPENSE FOR ANY AND OR ALL PARTS AND RETURN SHIPPING.
Limitation of Liability
IntelliClean Solutions, LLC, can only be held liable for direct damages resulting from failure to perform our respective obligations under these terms & conditions. In this respect, direct damages means the amount you actually paid for the Device, during the 5 years in which such damages occur. To the maximum extent permitted by applicable law, we will not be liable for any indirect, special, incidental or consequential damages whatsoever.
23. Waiver and Severability of Terms
Even if we do not exercise or enforce any or all of our respective rights or any provision of these terms & conditions it does not mean that we waive the right or provision, and we may still enforce those rights and provisions later. If any provision of these terms & conditions is found by any court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these terms & conditions remain in full force and effect.
24. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, your use of these terms & conditions must be filed within ninety days after such claim or cause of action arose or be forever barred.
25. Mandatory Binding Arbitration; Forum
THE COMPANY AND YOU AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS BETWEEN US. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THE ARBITRATION SHALL BE ADMINISTERED IN ACCORDANCE WITH THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AS MODIFIED BY THIS AGREEMENT. ANY MATTER TO BE SETTLED BY ARBITRATION SHALL BE SUBMITTED TO THE AMERICAN ARBITRATION ASSOCIATION IN PALM BEACH, FLORIDA, AND YOU CONSENT TO BINDING ARBITRATION IN PALM BEACH, FLORIDA.
THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. THE INDIVIDUAL PARTY MAY RECOVER DAMAGES AND ATTORNEYS’™ FEES, IF AUTHORIZED BY THE LAW GOVERNING SUCH PARTY’S CLAIM, TO THE SAME EXTENT THE INDIVIDUAL PARTY WOULD BE ENTITLED TO RECOVER IN COURT. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS ALL PARTIES TO THE ARBITRATION AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Intelliclean Solutions, LLC warrants the Device against component defects for five years after purchase. Should you experience a technical problem with your Device during the warranty period and we determine you need a replacement, we will ship you one upon your compliance with the terms of this Section. This warranty extends only to the original purchaser of the Device in question. In the event IntelliClean Solutions, LLC receives notice during the warranty period that your Device is defective, your sole and exclusive remedy, and IntelliClean Solutions, LLC sole and exclusive liability, shall be for IntelliClean Solutions, LLC, at its sole option, to either repair or replace the Device or refund the purchase price in accordance with this limited warranty. Devices replaced under the terms of any such warranty may be refurbished or new equipment substituted at the option of IntelliClean Solutions, LLC. Actual delivery times may vary depending on your location. As a condition precedent to warranty replacement, you must: (1) obtain a return material authorization (RMA), (available at the Quantumvac.com website – returns without an RMA number may be rejected by IntelliClean Solutions, LLC; (2) ship the items being returned to IntelliClean Solutions, LLC, Customer Service Center, together with a written description of the claimed defect; and (3) pay warranty processing fees (Shipping) as communicated at the Quantumvac.com website.