Terms of Service
1. Accepting These Terms
These terms and any other documents, policies and conditions that we reference herein, including those referenced via hyperlink, make up our Terms of Service (“Terms”).
This website is operated by Hitachi High-Tech Analytical Science America, Inc.. Throughout the website and these Terms of Service, the words “we”, “us” and “our” refer to Hitachi High-Tech Analytical Science. Hitachi High-Tech Analytical Science offers this website, including all information, tools and services available from this site to you – the user – conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Our store is hosted on WooCommerce They provide us with the online e-commerce platform that allows us to sell our products and services to you.
By visiting our site and/or purchasing “Goods” from our e-commerce platform, you engage in our “Service” and agree to be bound by our Terms. These Terms apply to all users of coatingmeasurementstore.com, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms of Service.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2. Your Use of Our Service
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our service.
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our service, use of our service, or access to our service or any contact on the website through which our service is provided, without express written permission by us.
A breach or violation of any of the Terms will result in an immediate termination of our service to you.
We reserve the right to refuse service to anyone for any reason at any time.
3. Accuracy, Completeness and Timeliness of Information
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4. Modifications to Products, Prices and Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and may not be available at time of order.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
5. Your Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
The sales price for the Goods shall be that as listed and/or confirmed in any order acknowledgement. If no price has been listed or confirmed, the price shall be the list retail price as in effect at the time of the delivery.
Purchaser hereby grants the Company a purchase money security interest under the UCC in all Goods to secure full payment for such goods is received. Purchaser shall execute any documents required by the Company to perfect such security interest in the Goods, and where permitted Purchaser hereby authorizes the Company to sign and file the same without Purchaser’s signature. Purchaser agrees to pay any and all expenses related to the preparation and filing of such documents.
Unless stipulated to and priced in any order acknowledgement, the Company may make reasonable additional charges for complying with any special requirements of the Purchaser. Payment, subject to any order acknowledgement, shall be made at the Company's office in the Commonwealth of Massachusetts unless otherwise stipulated.
All prices are quoted, all orders accepted and all billings rendered exclusive of all governmental taxes of any kind and, therefore, subject to an increase equal in amount to any tax we may be required to collect or pay upon the sale or delivery of Goods. We will not report, collect or pay any tax that may be imposed on you and you shall report and pay all taxes so imposed and shall hold us harmless therein.
7. Delivery and Risk of Loss
When an order is placed with us, all Goods shall be shipped using a means as determined by Hitachi High-Tech Analytical Science. You, the user, shall pay all actual shipping charges. Time shall not be of the essence as to any delivery schedule. We will not assume any liability, consequential or other, for any delay or failure to deliver all or any part of ordered Goods for any reason.
We may deliver Goods in instalments. Delay in delivery of any instalments will not entitle you to refuse acceptance to these Terms.
If you fail to take delivery or to give adequate delivery instructions, we may (without prejudice to its other rights) store or dispose of the Goods, in which case you shall pay to us upon request the amount of any reasonable storage or disposal charges.
Risk of loss for all Goods shall pass to you upon delivery to the carrier at the point of shipment. We shall not be responsible for any delays in delivery caused by carrier.
You shall clear the Goods for export from the United States and import into the country of delivery.
8. Inspection, Acceptance and Returns
You shall inspect and test Goods within 10 days of delivery (and in respect of services, within 10 days of the completion of such services) and shall give written notice, stating the specific defect or other reason for rejection, to the Company of any damage or claim within those 10 days (“Notice of Return”). Purchaser will be precluded from relying on defects that are not stated in the Notice of Return as a basis for justifying rejection or claiming breach. In the absence of a timely Notice of Return, the Goods shall be deemed to comply with the Contract and the Purchaser shall be deemed to have accepted them.
9. Third-Party Services
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
10. User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (including, but not limited to, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
11. Personal Information
You understand that your content (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
12. Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that, from time to time, we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Hitachi High-Tech Analytical Science, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Hitachi High Tech Analytical Science shall not be responsible for incidental, consequential or special damages of any kind. in no event shall be responsible for damages in excess of the purchase price of the particular goods at issue.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
14. Force Majeure
We shall not be liable for any failure to perform our obligations hereunder by reason of any cause whatsoever beyond our control (including without limitation trade dispute; fire, flood or act of god; armed conflict; equipment or supply difficulties; any rule or action of any public authority; transportation delays; refusal or delay in granting any necessary license or permit; or any repudiatory event by you). In such circumstances it may terminate these Terms whereupon you shall pay a sum equal to the costs to us of performing our Service and our liability shall be limited to repayment of any sums paid in respect of undelivered Goods (or unperformed services) less such costs.
You agree to indemnify, defend and hold harmless Hitachi High-Tech Analytical Science and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
17. Governing Law
All Contracts shall be governed, construed and enforced in accordance with the law of the Commonwealth of Massachusetts. You hereby irrevocably agree to submit to the exclusive jurisdiction of the federal and state courts of the Commonwealth of Massachusetts.
18. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
19. Changes to Terms of Service
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
20. Contact Information
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.