Terms of Service

Terms of Service

Effective Date: 12/01/2024

Welcome to Uteck.com! These Terms of Service (“Terms”) govern your use of our website located at https://www.uteck.com/ (the “Site”), and the services and products provided by UTECK (“we,” “our,” or “us”). By accessing or using our Site, you agree to be bound by these Terms. If you do not agree, please do not use our services.

Acceptance of any order or contract, acknowledgement or commencement of performance by R E Mason Enterprises, Inc d/b/a U-Teck (Seller) is expressly conditional on purchaser’s assent to the terms and conditions below even though no reference may be made thereto at time of acceptance. Seller expressly objects to any additional or different terms than those set forth herein. Unless otherwise modified in writing, and approved by Seller, the terms and conditions below apply and supersede all prior or contemporaneous representations, discussions, correspondence or agreements between the parties.

1. Eligibility

You must be at least 18 years old or the legal age of majority in your jurisdiction to use our Site. By using the Site, you represent that you meet these requirements.

2. Payment Terms

A. Payment terms are net thirty (30) days from date of invoice. Seller reserves the right to require alternative payment terms, including, without limitation, site draft, letter of credit or payment in advance.

B. If payment is not received by the due date, a late charge will be added at the rate of one and one-half percent (1.5%) per month (eighteen percent (18%) per year) or the maximum legal rate, whichever is less, to unpaid invoices from the due date thereof. If Buyer is delinquent in paying any amount owed to Seller by more than ten (10) days, then without limiting any other rights and remedies available to Seller under the law, in equity, or under the contract, Seller may (i) suspend production, shipment and/or deliveries of any or all products purchased by Buyer, or (ii) by notice to Buyer, treat such delinquency as a repudiation by Buyer of the portion of the contract not then fully performed, whereupon Seller may cancel all further deliveries and any amounts unpaid hereunder shall immediately become due and payable. If Seller retains a collection agency and/or attorney to collect overdue amounts, all collection costs, including attorney’s fees, shall be payable by Buyer. Buyer hereby represents to Seller that Buyer is now solvent and agrees that each acceptance of delivery of the Products sold hereunder shall constitute reaffirmation of this representation at such time.

3. Account Registration

  • To access certain features, you may need to create an account.
  • You are responsible for maintaining the confidentiality of your account credentials.
  • Notify us immediately of any unauthorized use of your account.

4. Products and Services

  • Availability: All products and services offered on Uteck.com are subject to availability.
  • Pricing: Prices are listed in USD and are subject to change without notice.
  • Orders: We reserve the right to cancel or refuse any order at our discretion.
  • Quotations: Unless previously withdrawn, every quotation is open for acceptance within forty-five days from its date and may be re-confirmed for an additional period of forty-five days depending on market conditions. Payment terms quoted is subject to approval of Buyers credit. Any Interpretations of plans, drawings and schedules provided by the Buyer in order to complete a quotation is only performed by the Seller as a courtesy and cannot be subject to misrepresentation. Buyer must always confirm that quantities, dimensions, or specifications on Sellers quotations are correct and acceptable.
  • Changes: Buyer must notify Seller in writing of requested changes in the quantity, drawings, designs or specifications for Products which are ordered but not yet in the process of manufacture. After receipt of such notice, Seller will inform Buyer of any adjustments to be made in price, delivery schedules, etc. resulting from Buyer’s requested changes prior to incorporating requested changes into manufactured Products. Seller requires written notice of requested changes not less than sixty (60) days prior to last scheduled shipping date.
  • Delivery: Seller will make a good faith effort to complete delivery of the products as indicated by Seller in writing, but Seller assumes no responsibility or liability and will accept no backcharge for loss or damage due to delay or inability to deliver, whether or not such loss or damage was made known to Seller, including, but not limited to, liability for Seller’s non-performance caused by acts of GOD, war, labor difficulties, accidents, inability to obtain materials, delays of carriers, contractors or suppliers or any other causes of any kind whatever beyond the control of Seller. Under no circumstances shall Seller be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expense arising directly or indirectly from delays or failure to give notice of delay.
  • Freight Terms: F.O.B. Seller’s Plant. Risk of loss shall pass to Buyer on delivery at the F.O.B. point. Seller shall prepay freight, assure the shipment and select the means of transportation unless Buyer provides specific written instructions otherwise with Buyer’s order. Seller shall not be bound to tender delivery of any quantities for which Buyer has not given shipping instructions. Seller shall be entitled to designate from time to time the locations from which Buyer may receive or pick up Products.
  • Inspection and Acceptance: Claims for damage, shortage or errors in shipping must be reported within one (1) day following delivery to Buyer. Buyer shall have seven (7) days from the date Buyer receives any products to inspect such products and services for defects and nonconformance which are not due to damage, shortage or errors in shipping and notify Seller, in writing, of any defects, nonconformance or rejection of such products. After such seven (7) day period, Buyer shall be deemed to have irrevocably accepted the products, if not previously accepted. After such acceptance, Buyer shall have no right to reject the products for any reason or to revoke acceptance. Buyer hereby agrees that such seven (7) day period is a reasonable amount of time for such inspection and revocation. The sole and exclusive remedy for merchandise alleged to be defective in workmanship or material will be the replacement of the merchandise subject to the manufacturer’s inspection and warranty.
  • Returns & Refunds: Prior approval must be obtained from the Seller in writing to return any Product. Seller will assign a return authorization number and record the reason for the return. Seller will examine returned Product to determine the actual cause, if any, leading to Buyer’s return. If Product has a manufacturing defect, Seller, in its sole discretion, may issue a credit for the returned Product or repair or replace with like Product. If returned Product is not subject to Seller’s warranty, Buyer will be notified of the estimated cost of repair, if possible. Thereafter, Buyer must advise Seller whether or not Buyer chooses to have Product repaired at Buyer’s expense.Seller will not accept return material due to overstock, obsolete equipment, etc. on the Buyer’s part. In the event that Seller makes an exception to this policy, a fifty percent (50%) restocking fee will be charged to Buyer. Please refer to our Refund Policy for more information.
  • Cancellation: Orders accepted by Seller are not subject to cancellation by Buyer, except with Seller’s written consent and upon terms which compensate Seller for any loss or damage arising out of said cancellation including but not limited to all charges, expenses, commissions and reasonable profits owed to or incurred by Seller.. Cancellation requests must be submitted in writing. All cancellations are subject to a twenty-five (25) percent cancellation fee from the Buyer. If it appears to the Seller, upon the happening of any of the following events, that Buyer will be unable to meet the payment obligations under the contract, the Seller may, at its option, cancel the contract, demand cash payments, or obtain adequate assurances from the Buyer that such timely payment will be made: (a) the filing of any voluntary or involuntary petition in bankruptcy or for reorganization or arrangement under any statute protecting creditors rights, (b) Buyer’s insolvency or inability to meet obligations as they become due, (c) institution of legal proceedings against Buyer by creditors or Stockholders, (d) appointment of a receiver for Buyer, (e) the doing or permitting by Buyer of any act which would or apparently would render Buyer unable to perform this contract.
  • Technical Support: All Goods shall be installed by and at the expense of Buyer. Technical assistance and training for proper installation is provided free of charge and only as an accommodation to Buyer. Seller shall have no obligation to provide any technical assistance or advice to Buyer and any such assistance or advice is provided, such fact will not obligate Seller to provide any further or additional assistance or advice. 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 in connection with the Products or Services constitute a representation or warranty, express or implied.

5. User Conduct

When using our Site, you agree not to:

  • Violate any applicable laws or regulations.
  • Post or transmit harmful, threatening, or offensive content.
  • Engage in unauthorized access or data mining.

6. Intellectual Property

All content on Uteck.com, including text, graphics, logos, and software, is our property or the property of our licensors. You may not reproduce, distribute, or create derivative works without explicit permission.

Indemnification: The Buyer shall at its own expense apply for and obtain any permits and inspections required for the installation and/or use of the products. Seller makes no promise or representation that the products or services will conform to any federal, state or local laws ordinances, regulations, codes or standards, except as particularly specified and agreed upon in writing by an authorized representative of Seller. Seller shall not be responsible for any losses or damages sustained by the Buyer or any other person as a result of improper installation or misapplication of the products. Buyer shall defend, indemnify and hold harmless Seller and its agents and employees against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorney’s fees) arising out of or in connection with any injury, disease or death of persons (including, without limitation, Buyer’s employees and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, installation, use, or repair of the products by Buyer or of the information, designs, services or other work supplied to Buyer, whether caused by the concurrent and/or contributory negligence of Buyer, Seller, or any of their agents, employees or suppliers. The obligations, indemnities and covenants contained in this paragraph shall survive the consummation or termination of this transaction.

7. Third-Party Links

Our Site may include links to third-party websites. We are not responsible for their content, policies, or practices.

8. Disclaimer of Warranties

  • The Site is provided “as-is” without warranties of any kind.
  • We do not guarantee the accuracy, completeness, or reliability of our content or services.
  • Seller warrants that each Product sold under this invoice will, at the time of initial shipment, be in conformity with the manufacturer specifications for the Product and free from defects in material. (The “U-Teck Limited Warranty”). Seller will, at Seller’s option, repair or replace any Product that does not conform to this warranty. In no event will Seller’s liability exceed the paid purchase price of the products. The U-Teck Limited Warranty shall be void in the event that the Product fails, malfunctions or is damaged as a result of improper handling, installation, maintenance, removal, modification or repair, or is accidentally damaged, subjected to abuse or improper use, or is altered or damaged such that Seller is unable to verify the defect with its normal test equipment.Except as specifically set forth in the paragraph above, THERE ARE NO REPRESENTATIONS OF WARRANTIES OF ANY KIND BY SELLER OR ANY PERSON WHO IS OR IS NOT AN AGENT, EMPLOYEE OR OTHER REPRESENTATIVE OR AFFILIATE OF SELLER, EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CONDITION OR PERFORMANCE OF ANY PRODUCTS OR WITH RESPECT TO ANY OTHER MATTER RELATING TO ANY PRODUCT. THE BUYER UNDERSTANDS THAT THERE IS NO IMPLIED WARRANTY THAT THE GOODS SHALL BE MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE. Buyer acknowledges that except as set forth in the paragraph above, neither Seller nor any other such person has made, and Buyer has not relied upon any express or other warranty or representation (including without limitation, advertising materials, brochures or other descriptive literature) concerning any Products. Buyer acknowledges that he is not relying on Seller’s skill or judgment to select or furnish goods suitable for any particular purpose.

9. U.S. Government Contracts

If this order is issued pursuant to a U.S. Government prime or subcontract, the foregoing conditions of sale are hereby modified as required (mandatory flowdown only) to include such terms and conditions of the Federal Acquisition Regulations in effect as of the date of order and only as directly applicable based on value of this order.

10. Limitation of Liability

To the maximum extent permitted by law, UTECK will not be liable for any damages arising from your use of the Site or inability to access the Site.

11. Indemnification

You agree to indemnify and hold UTECK harmless from any claims, damages, or expenses arising from your use of the Site or violation of these Terms.

12. Modifications

We reserve the right to update these Terms at any time. Changes will be effective upon posting to the Site. Continued use signifies your acceptance of the updated Terms.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.

14. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

UTECK
Email: info@uteck.com
Phone: 1-800-542-7011

By using Uteck.com, you acknowledge that you have read, understood, and agree to these Terms of Service.

15. Miscellaneous

THE VALIDITY, INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT AND/OR ORDER AND ANY DISPUTE CONNECTED HEREWITH SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA. These Terms and Conditions constitute the full understanding of the parties, a complete allocation of risks between them and a complete and exclusive statement of the terms and conditions of their agreement and/or Order relating to the subject matter herein. Except as otherwise expressly provided herein, no conditions, usage of trade, course of dealing or performance, understanding or agreement and/or Order purporting to modify, vary, explain or supplement the terms or conditions of this agreement and/or Order shall be binding unless hereafter made in writing and signed by the party to be bound, and no modification shall be effected by the acknowledgment or acceptance of any purchase order or shipping instruction forms containing terms or conditions at variance with or in addition to those set forth herein. No waiver by either party with respect to any breach or default or of any right or remedy and no course of dealing or performance shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver is expressed in writing signed by the party to be bound. If any term, condition or provision of this agreement and/or Order or the application thereof is judicially or otherwise determined to be invalid or unenforceable, or if the parties mutually agree in writing to any revision of this agreement and/or Order, the remainder of this agreement and/or Order and the application thereof shall not be affected, and this agreement and/or Order shall otherwise remain in full force and effect.