Introduction

Welcome to EmultecIndustrial.com These Terms of Use ("Terms") apply to your use of our website and any related goods or services provided by BP Emultec LP (collectively referred to as the "Service" or as the “Website”). Throughout these Terms, the terms "we," "us," "our," or “Emultec” refer to BP Emultec LP and the terms "you" and "your" refer to any visitor to or use of the Services. By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

From time to time and in our sole discretion, we will change or make additions to these Terms of Use, in which case we will post the revised Terms of Use on the Website and the revised Terms of Use will be effective immediately upon posting. 

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Scope of Services

Emultec operates an online platform for the sale of Industrial products including chemicals ("Services"). Our Services include but are not limited to browsing products,researching product information, placing orders, tracking shipments and managing your account. 

Use of Services

You agree not to use the Service for any illegal or unauthorized purpose nor to violate any laws in your jurisdiction (including but not limited to copyright laws). You agree not to attempt to access any portion of the Service that you are not authorized to access. You agree not to use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service.

This Site is not intended for use by or availability to minors. You must be at least eighteen (18) years of age to register on or purchase items through this website. By using and/or registering and/or providing information on the Website, you certify that you are at least eighteen (18) years of age and of legal age to form a binding contract. We do not collect personally identifiable information from any person whom we know is under the age of eighteen (18). IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT ACCESS OR USE THIS SITE.

Emultec Industrial reserves the right to terminate, suspend or otherwise restrict your access to this Site, or any portion hereof, at any time for any reason whatsoever including, but not limited to, your violation of these Terms of Use or any inappropriate or unlawful behavior on your part.

Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Violating any applicable laws or regulations;
• Interfering with or disrupting the Site or servers;
• Attempting to gain unauthorized access to accounts or systems;
• Sharing of accounts, usernames and passwords; 
• Use of spiders, robots and similar data gathering and extraction tools;
• Reproduction, duplication, publishing, or creating derivative works from content of the site or related software;
• Using the Site for any unlawful or unethical purpose.

Privacy Policy

You agree that all information you provide to Us through the Website or otherwise, is governed by our Privacy Policy which is hereby incorporated in these Terms of Use. By using the Website, you are accepting the terms and conditions of our Privacy Policy.

Product Information

While Emultec Industrial uses reasonable efforts to furnish accurate and up-to-date information, Emultec Industrial does not warrant that any information contained in this Site is accurate, complete, reliable, current or error-free. Emultec Industrial assumes no liability or responsibility for any errors or omissions in this Site. Emultec Industrial expressly disclaims any duty to update or revise the Contents of this Site, although Emultec Industrial may modify the Contents at any time without notice. Any use you make of the information provided on this Site is entirely at your own risk.

It is your responsibility to verify the suitability of products for your intended use. 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. 

Nature of Products

Products sold by Emultec are for industrial use and may require special treatment in use and handling.  By placing an order, You confirm that you are qualified to use such products, and will use them in accordance with the manufacturer’s instructions. All products we sell are warranted solely by the product manufacturer.  Emultec shall not be held liable for any harm or damage caused by use or misuse of products sold. Any liability is limited to the monetary value of the order(s) placed and completed. 

Intellectual Property

All materials, including all images, illustrations, designs, icons, photographs, video clips, text, software and other materials that are part of this Site (collectively, the “Contents”) are owned exclusively by Emultec Industrial and/or its content providers and are protected by United States and international law. The Site as a whole, including the “look and feel,” compilation and arrangement of the Contents and trade dress, is owned exclusively by Emultec Industrial and is protected by United States and international law. Emultec Industrial and other Emultec Industrial marks, logos and designs appearing on this Site are the exclusive trademarks and service marks of Emultec Industrial. All other trademarks and service marks appearing on this Site not owned by Emultec Industrial are the property of their respective owners. You may not use any such marks for any purpose without the express prior written permission of the owner.

Ordering and Payment

Emultec reserves the right to change prices at any time without notice. Product prices shown are exclusive of any applicable taxes.  Applicable sales tax will be displayed in the cart and or checkout. Any request for sales tax exemption must be submitted and approved by Emultec prior to an order being placed. Emultec shall evaluate such requests and  apply such status at its sole discretion based on materials you provide. 

Orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders at our sole discretion.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order.

You agree not to engage in drop shipping activities on this website. Drop shipping refers to the practice of selling products to customers directly from a third-party supplier without keeping those products in stock. Our platform is designed for direct sales transactions between the Emultec and the buyer, and we do not permit drop shipping as it can lead to logistical complications, and quality control issues. Any violation of this policy may result in the termination of your account and access to our services.

Returns  and refunds are governed by the Emultec Return Policy. We may amend this policy at any time without prior notice. Due to the special nature of our products, some may not be eligible for returns or refunds.

Shipping

Emultec is not responsible for lost or damaged goods in transit. Exterior of packaging is susceptible to normal wear and tear in transit. Emultec will address disputes on a case by case basis.

Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. 

Warranties and Liability

All products sold by Emultec are warranted solely by the product manufacturer/distributor. We makes no representations or warranties with respect to any product manufactured by a third party, including any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.  We will not be responsible for any consequential or incidental damage resulting from the sale or use of any merchandise purchased from us. Our liability is limited to the monetary value of the merchandise.

THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND Emultec Industrial MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ANY SITE OR SERVICE ACCESSIBLE THROUGH THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Emultec Industrial EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT WILL Emultec Industrial BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA) ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY CONTENT ON OR ACCESSED THROUGH THIS SITE, ANY SITE OR SERVICE LINKED TO THIS SITE, OR ANY COPYING, DISPLAY OR USE THEREOF, EVEN IF Emultec Industrial HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Force Majeure.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Governing Law

These Terms of Use and your use of this Site shall be governed by the laws of the State of New Jersey, USA, without regard to any conflict of law provisions. Subject to the dispute resolution procedures set forth below, any dispute arising out of or relating to these Terms of Use or your access to or use of this Site shall be resolved exclusively by the state and/or federal courts located in Texas, USA, and you expressly consent to the exclusive personal jurisdiction of such courts.

Entirety and Severability

These terms of use, are the complete and exclusive agreement between Your and Emultec, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between You and Emultec. 

If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of these Terms of Use, and these Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable. The failure of Emultec Industrial to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. 

Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right herein on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion.

Dispute Resolution

Any controversy or claim arising out of or relating to these Terms of Use or breach hereof, or otherwise relating to this Site (with the exception of injunctive relief sought by Emultec Industrial for any violation of Emultec Industrial’s proprietary rights), shall be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of a person who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties. Such arbitrators shall be experts in the computer/information technology field. The cost of arbitration, including fees per arbitrator, shall be borne equally by the parties. The location of arbitration shall be New York, New York, USA. To the fullest extent permitted by applicable law, no such arbitration shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

Miscellaneous

The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.

Emultec Industrial reserves all rights not expressly granted herein.

Contact Information

In the event of any question relating to this Site, please contact us.

Emultec Industrial

1050 Venture Court

Suite 115

Carrollton, TX 75006

972-417-1288