Terms & Conditions

This web site, including any subsite accessible through the homepage, (collectively, the "Site") is published and maintained by subsidiaries, affiliates and/or related entities of SMTVYS LLC. Please note that when you enter any subsite accessible through the homepage, such subsite may have its own terms and conditions of use that are specific to such subsite. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions ("Terms and Conditions") set forth below and any additional terms and conditions set forth in any subsite. SMTVYS LLC reserves the right to modify, change, alter or otherwise edit these Terms and Conditions at any time by updating this posting and such changes will become immediately effective upon such posting. Your continued use of the Site will bind you to such revisions and you should therefore periodically visit this page to review the then current Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site. For your information, this page was last updated on February 26, 2018.

USE OF THE SITE:

You may not distribute, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio or video, for any business, commercial or public purpose. If you comply with these Terms and Conditions, SMTVYS LLC grants you a non-exclusive, non-transferable, limited right to enter, display and use the Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any manner whatsoever.

OWNERSHIP:

Copyright:
All materials on the Site, including but not limited to images, software, audio, text and video clips (the "Content"), are protected by copyright under U.S. copyright law, international conventions and other copyright laws. All Content is owned or licensed by SMTVYS LLC. You cannot use the Content, except as specified herein. Any unauthorized use of the Content may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may view and download the Content for your own personal, non-commercial use, if you retain all copyright and other proprietary notices contained in the Content or on any copies of the Content. You may not change the Content in any way or reproduce, publicly display, distribute or otherwise use the Content for any public or commercial purpose. Any use of the Content on any other web site or networked computer environment for any purpose is prohibited.

Trademarks:
SMTVYS LLC trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to SMTVYS LLC (collectively, the "Trademarks") displayed on the Site, including but not limited to the SMTVYS LLC logo, are registered and unregistered marks of SMTVYS LLC. All other trademarks, trade names, product names, service marks and all other non- SMTVYS LLC marks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of SMTVYS LLC. or such third party that may own other trademarks displayed on the Site.

Privacy Policy:

This Privacy Policy governs the way SMTVYS LLC collects, uses, maintains and discloses information collected from users (each, a "User") of the teamequip.com website ("Site"). This privacy policy applies to the Site and all products and services offered by SMTVYS LLC.

Personal identification information:

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the siteplace an orderfill out a form and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information,

Users may, however, visit our Site anonymously.

We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information:

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies:

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information:

SMTVYS LLC collects and uses Users personal information for the following purposes:

To process transactions

We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

To administer a content, promotion, survey or other Site feature

To send Users information they agreed to receive about topics we think will be of interest to them.

To send periodic emails

The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

How we protect your information:

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Changes to this privacy policy:

SMTVYS LLC has the discretion to update this privacy policy at any time. When we do, revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms:

By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

SMTVYS LLC

264 N. Nevarez Rd.

El Paso, TX

(915) 235-8040

info@e.smtvys.com

Sales Terms and Conditions

These terms and conditions govern the sale of Products and provisions of Services by SMTVYS LLC and its Sellers as well as by third party vendors and/or service providers of Seller. These terms and conditions (“Agreement”) take precedence over Buyer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Neither Seller’s commencement of performance or delivery shall be deemed or construed as acceptance of Buyer’s supplemental or conflicting terms and conditions.  SMTVYS’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement. Buyer’s acceptance or Purchase Order for the Products and/or Services from Seller shall be deemed to constitute acceptance of the terms and conditions contained herein.

  1. Orders: All orders placed by Buyer are subject to acceptance by Seller. Orders may not be cancelled or rescheduled without Seller’s written consent.  All orders must identify the products, unit quantities, part numbers, applicable prices and requested delivery dates of the Products being purchased.  Seller may in its sole discretion allocate Product among its Customers.  Seller may designate certain Products and Services as non-cancelable, non- returnable (“NCNR”) and the sale of such Products shall be subject to the special terms and conditions contained in Seller’s Customer Acknowledgement or NCNR Product Form, which shall prevail and supersede any inconsistent terms and conditions contained herein or elsewhere.
  2. Prices: The prices of the Products are those prices specified on the front of the invoice.  Pricing for undelivered Products may be increased in the event of an increase in Seller’s cost, change in market conditions or any other causes beyond the Seller’s reasonable control. Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation.

3.  Taxes: Unless otherwise agreed to in writing by Seller, all prices quoted are exclusive of transportation and insurance costs, duties, and all taxes including federal, state and local sales, excise and value added, goods and services taxes, and any other taxes.  Buyer agrees to indemnify and hold Seller harmless for any liability for tax regarding the sale, as well as the collection or withholding thereof, including penalties and interest thereon.  When applicable, transportation and taxes shall appear as separate items on Seller’s invoice.

  1. Payment: Payment may be made by check, money order, credit card, or wire transfer (all fees are borne by the Buyer). Where Seller has extended credit to Buyer, terms of payment shall be net thirty (30) days from date of invoice, without offset or deduction. On any past due invoice, Seller may impose interest at the rate of one and a half percent [1.5%] per month.  If Buyer fails to make each payment when it is due, Seller reserves the right to change or withdraw credit and thereby suspend or cancel performance under any or all purchase orders or agreements in which Seller has extended credit to Buyer.  In the event of default by Buyer, Seller shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collections costs.
  2. Delivery and Title:  All deliveries will be made “EXWORKS” place of shipment. Title and risk of loss pass to the Buyer upon delivery of the Product to the carrier. Seller’s delivery dates are estimates only, and Seller is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of the Seller, nor shall the carrier be deemed an agent of the Seller.  A delayed delivery of any part of an Order does not entitle Buyer to cancel other deliveries.

 

  1. Returns, Refunds and Exchanges Policy:

How to Return an Item:

Item(s) must be in original condition to be returned, unless there is a manufacturer defect.

Customer must notify SMTVYS within 30 days of ship date, then return the item within 14 days of receiving a RMA from SMTVYS. To make sure the item is returnable, please follow the steps below:

  1. First, contact a SMTVYS sales representative within 30 days of ship date of item(s) by calling our office number (915) 235-8040 or by emailing asalinas@smtvys.com
  2. Second, if the item is approved for return, SMTVYS will issue a Return Material Authorization (RMA) number. Once the RMA number is received, item must be returned within 14 days.

SMTVYS will provide the Customer with specific instructions on where to mail/return item(s) with the RMA number.  In most cases returned items will be shipped to the SMTVYS warehouse located at:

SMTVYS LLC

264 N. Nevarez Rd.

El Paso, TX

79927, USA

Attn: Alfredo Salinas

Ph:(915) 235-8040

  1. Third, please include the signed RMA in the return package stating the reason for the return and the original receipt.

Return Exceptions:

Only products originally shipped from SMTVYS or from an authorized supplier (drop-ship) will be returned to SMTVYS. By a Customer returning products to SMTVYS, the Customer certifies that the products were purchased from SMTVYS and there has been no substitution of the product from another supplier, distributor or other source of the product. The return should be in the original packaging and in unused condition except if approved defective by a SMTVYS sales representative via an RMA.

Exchanges:

If the item(s) is in new condition and in the original packaging, you may exchange the item(s) for another item in the first 15 days after ship date. Defective item(s) may be exchanged/returned for the same item.

Customer will not be subject to a restocking fee in this case, but without being a defective item, will still have to pay return shipping and taxes and fees that may be charged for its return (International Shipping/Purchases). Items purchased from SMTVYS that have been used or altered will not be accepted for exchange and as stated in the Non-Cancelable and Non-Returnable items section, items noted as NCNR cannot be exchanged.

 

Non-Cancelable and Non-Returnable Items:

Some items cannot be returned if they are opened.  Customer should contact SMTVYS at (915) 235-8040 or email asalinas@smtvys.com before making a purchase with questions regarding the return policy. Customer should read all messages on the quote before purchasing an item. Products listed as NCNR status (Non-cancelable and Non-Returnable), will be stated on the Cart Page before you complete the checkout process.

Return Freight / Restocking Fee:

Reasonable cancellation may include a restocking fee, this will be deducted from the Customer refund. According to the time the customer places a cancellation, the restocking fee will be calculated, following this cancelation charge table:

  • Working Days after Receipt of Order:

o   1 to 5 Days 15% of purchase price

o   6 to 10 Days 50% of purchase price

o   11 to 15 Days 75% of purchase price

o   Over 15 Days 100% of purchase price

SMTVYS does not refund the original shipping and handling costs that the Customer paid on the order. Customer must prepay the return freight charges (and taxes if apply); SMTVYS will not accept Collect on Delivery shipments unless specified by SMTVYS.

Refunds:

SMTVYS will notify Customer upon receipt and inspection of returned item(s) and will advise of refund status. Upon approval of return and refund, CDI will initiate a credit within 48 hours to the original method of payment. Credits to credit card can take 10 days to post to the account.

Contact Us:

Customer should contact SMTVYS LLC with questions regarding returns. Please contact us.

  1. Limited Warranty: Seller will transfer to Buyer any Product warranties and indemnities authorized by the manufacturer, including any transferable warranties and indemnities for intellectual property infringement.  Seller warrants to Buyer that Products purchased hereunder will conform to the applicable manufacturer’s specifications for such products and that any value- added work performed by Seller on such Products will conform to applicable Buyer’s specifications. If Seller breaches this warranty, Buyer’s remedy is limited to (at Seller’s election) (1) refund of Buyer’s purchase price for such Production (without interest), (2) repair of such Products, or (3) replacement of such Products; provided that such Products must be returned to Seller, along with acceptable evidence of purchase, within 20 days from date of delivery, transportation charges prepaid.  No warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident or modification or has been soldered.

SAVE AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR OTHERWISE) ARE EXCLUDED FULLY PERMITTED BY LAW.  SELLER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.

  1. Limitation of Liabilities: BUYER SHALL NOT BE ENTITLED TO, AND SELLER SHALL NOT BE LIABLE FOR, LOSS OF PROFITS OR REVENUE, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEADS, BUSINESS INTERRUPTION COST, LOSS OF DATA, REMOVAL OR REINSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF BUYERS, PUNITIVE DAMAGES, IPR INFRINGEMENT, LOSS OF CONTRACTS OR ORDERS OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE.  BUYER’S RECOVERY FROM SELLER FOR ANY CLAIM SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE AFFECTED PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. BUYER WILL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY CLAIMS BASED ON:

(a) SELLER’S COMPLIANCE WITH BUYER’S DESIGNS, SPECIFICATIONS, OR INSTRUCTIONS,

(b) MODIFICATION OF ANY PRODUCTS BY ANYONE OTHER THAN SELLER, or

(c) USE IN COMBINATION WITH OTHER PRODUCTS.

  1. Export Control: Buyer certifies that it will be the recipient of the Products to be delivered by Seller. Buyer understands that the associated hardware, software, and/or technical data (“products”) listed on their Purchase Order includes items that are governed by the U.S. Export Administration Regulations (“EAR”), by the U.S. Foreign Assets Control Regulations (“OFAC”) and the International Traffic in Arms Regulations (“ITAR”). The Buyer understands that its sale or distribution of said products may constitute exports or re-exports, and as such, must be in accordance with the requirements administered by Bureau of Industry and Security, Department of Treasury, and Department of State. It is understood that the country of ultimate destination, commodity classification, end-user, or end-use for any said products, could affect the applicable license requirements and exportability. The Buyer agrees to consult various resources, such as the EAR, ITAR, and OFAC, by the U.S. Department of Commerce’s Bureau of Industry and Security’s (“BIS”) Export Counseling Division, and other appropriate Government Sources to ensure that the sales and distribution of said products, is processed in accordance with all applicable laws. The Seller will not transfer any export-controlled products to a non “U.S. Person” without the proper authority of the United States Government, and the buyers written approval.
  2. Use of Products: Products sold by Seller are not designed, intended or authorized for use in life support, life sustaining, nuclear, or other applications in which the failure of such Products could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. If Buyer uses or sells the Products for use in any such applications: (1) Buyer acknowledges that such use or sale is at Buyer’s sole risk; (2) Buyer agrees that Seller and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) Buyer agrees to indemnify, defend and hold Seller and the manufacturer of the Products harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale.
  3. Force Majeure:  Seller is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond Seller’s reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing Seller from performance and barring remedies for non-performance. In an event of force majeure condition, the Seller’s time for performance shall be extended for a period equal to the time lost because of the force majeure condition without subjecting Seller to any liability or penalty.  Seller may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to the Buyer.
  4. Technical Assistance or Advice:  If technical assistance or advice are offered or given to Buyer, such assistance or advice is given free of charge and only as an accommodation to Buyer. Seller shall not be held liable for the content or Buyer’s use of such technical assistance or advice nor shall any statement made by any of Seller’s representatives regarding the Products or Services constitute a representation or warranty, express or implied.

13.  General: (a) The laws of the State of Texas will exclusively govern any dispute between Seller and Buyer, (b) Buyer may not assign this Agreement without the prior written consent of Seller. Seller or its affiliates may perform the obligations under this Agreement. This Agreement is binding on successor and assigns, (c) Products, including software or other intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses.