Terms of Purchase

1. Prices

Prices listed are on an ex works basis and do not include freight, handling fees, taxes, and/or duties. The Prices are subject to correction or change without notice. Unless otherwise stated, the Price is exclusive of taxes which shall be added at the appropriate rate when we take your payment for the Products you ordered. If you require us to deliver to a Delivery Location which is not within the US, you are responsible for any importation taxes, sales taxes or other charges which may be levied at that Delivery Location. Additionally, please note that when ordering from www.azureprofessional.com, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Azure Professional reserves the right to accept or reject any order.


2. Payment

The Price shall be due and payable by you in full and cleared funds at the time you place your Order, unless otherwise agreed in writing by us, and the time of payment shall always be of the essence of the Contract.


3. Delivery

Delivery of the Products shall take place at the Delivery Location. It is your responsibility to ensure that the address of the Delivery Location is accurate. We shall not be responsible if this Delivery Location is incorrect. Second day delivery is guaranteed if: the Delivery Location is situated in the US; and your Order is received before 5pm EST the preceding day; and there is sufficient stock for us to fulfill Your Order. We shall try to inform you, as soon as it is reasonable to do, if we find out that there is insufficient stock to fulfill your Order. As a gesture of good will, we shall nevertheless try to deliver that part of Your Order which is in stock first, and then fulfill rest of your Order when stock is in. However, if we cannot fulfill the above commitments for any reason, this shall not entitle you to terminate this Contract. Delivery times or dates in respect of deliveries outside the US are estimates only and are not guaranteed. The time for delivery shall not be of the essence of the Contract. We shall be entitled to deliver the Products in separate installments. Any delay or failure by us to deliver, or any claim by you in respect of any one or more of the installments in accordance with these Conditions, shall not entitle you to treat the Contract as a whole as repudiated. We reserve the right, at our sole option, to cancel or withhold the delivery of any Products, in whole or in part until we receive payment for the Products;

On delivery of the Products, you shall check the Products against the delivery note. We shall not be liable for any damage, destruction, breakage or shortage of the Products delivered to you, unless you give us notice of such damage, destruction, breakage or shortage within forty-eight (48) hours of the date of delivery. Risk in the Products shall pass to you on delivery. If, for any reason, you fail to take delivery of any of the Products on the date of delivery, or we are unable to deliver the Products because you have not provided appropriate instructions, documents, licenses or authorizations, we may store the Products until delivery at a later date, at your cost (including but not limited to storage and insurance costs). If you fail to take delivery of the Products within fourteen (14) days following the date of the first attempted delivery, we may rescind the Contract and sell the Products to a third party. We shall not be liable for any direct, indirect or consequential loss, including but not limited to, loss of profit, costs, damages, charges or expenses caused by any delay in the delivery of the Products (even if caused by our negligence). Delay in delivery of the Products, howsoever arising, shall not entitle you to terminate the Contract.


4. Non-Delivery

We shall not be liable for any non-delivery of Products unless customer provides written notice within seven (7) days of receipt of advice of shipment. The liability for non-delivery of the Products shall be limited, at our sole discretion, to: delivering the Products within a reasonable time; or issuing a credit note against any invoice for such Products, at the pro rata contract rate based on the quantity of the Products which have not been delivered; or refunding at the pro rata contract rate the price paid for the quantity of the Products which have not been delivered; and this shall be the sole and exclusive remedy in relation to such non-delivery.