| terms and conditions
The following terms and conditions shall govern the sale by the entity ("Commodity Axis, Inc.®"). By ordering products on Commodity Axis’s on-line store or by accepting delivery of the products described on the order, Customer agrees to be bound by and accepts these terms and conditions. Commodity Axis, Inc.® reserves the right to change these terms and conditions without prior written notice at any time, at Commodity Axis’s sole discretion.
Terms of payment shall be determined at Commodity Axis’s discretion and otherwise agreed to by, Commodity Axis, Inc.®. Payment must be received by Commodity Axis, Inc.® prior to Commodity Axis's acceptance of Customer's order. Payment shall be made by credit card, check or some other pre-arranged method of payment acceptable to Commodity Axis. Payments made by credit card are subject to the approval of the financial institution issuing the credit card and Commodity Axis, Inc.® shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason.
Shipping, Handling and Tax Charges
All prices include charges for shipping and handling, and taxes (except California orders). Shipping, handling and taxes will be added to each order. Commodity Axis, Inc.® is obligated to withhold sales tax for delivery within California. Unless Customer provides Commodity Axis, Inc.® with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Commodity Axis's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order.
Commodity Axis’s products may not be available for immediate delivery. Commodity Axis, Inc.® reserves the right, without liability or prior notice, to revise or cease to make available any or all products or to cancel any order.
Customer may return products that are purchased directly from Commodity Axis, Inc.® only in accordance with Commodity Axis’s return policy in effect on the date of the invoice.
Service and Support
Commodity Axis, Inc.® endeavors to provide the best customer and technical support. Commodity Axis, Inc.® will make customer service available to Customers in the United States in accordance with the then-current terms and conditions set by Commodity Axis, Inc.®.
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, COMMODITY AXIS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. COMMODITY AXIS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
Limitation of Liability
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, COMMODITY AXIS SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER. IN NO EVENT SHALL COMMODITY AXIS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF COMMODITY AXIS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY. COMMODITY AXIS SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND THE CONTROL OF COMMODITY AXIS, INC.
Governing Law and Jurisdiction
The sale of products shall be governed by the laws of the State of California excluding the conflict or choice of law provisions.
Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees that it is buying for its own internal use only, and not for resale.
Customer may not assign its rights or obligations under this Agreement without the express written consent of Commodity Axis, Inc.®
Disclaimer of Warranty
Commodity Axis, Inc.® is pleased to present this internet site featuring a variety of products. In addition to any warranty offered by the manufacturer of the products Commodity Axis, Inc.® will accept return of any product purchased from it in accordance with the return policy set forth elsewhere in this internet site. Commodity AxisCommodity Axis, Inc.® makes no further representation, express or implied, regarding any product featured in this Internet site. Commodity Axis, Inc.® expressly disclaim any implied warranties of merchantability or fitness for a particular purpose. Furthermore, Commodity Axis, Inc.® shall not be liable for any direct, indirect or consequential damages (including but not limited to, damages for lost revenue, lost profits, business interruption, and the like) arising from the use of or related to any product purchased from this Internet site. This Internet site is provided "as is." Commodity Axis, Inc.® shall not be liable for any direct, indirect or consequential damages (including, but not limited to, damages for lost revenue, lost profits, business interruption, lost information or data, computer interruption, and the like) arising from or related to the use of or inability to use this Internet site. Commodity Axis, Inc.® expressly disclaim any implied warranties or merchantability and fitness for a particular purpose. It is a violation of Federal and international law to use this internet site in any manner other than as presented herein. It is illegal to copy, photograph, transcribe, reproduce or otherwise record in any manner this internet site, or any part thereof, without the prior written consent of Commodity Axis or its subsidiaries. This internet site contains copyrighted software and other proprietary material which many not be decompiled, reverse engineered, disassembled or otherwise reproduced in whole or in part.
Other trademarks and service marks are the property of their respective owners. Reference to a company, product, service or publication does not imply an approval or recommendation of that company, product, service or publication by Commodity Axis, Inc.®. Images found throughout this website are copyright of the respected manufacturer and may NOT be used without prior written consent.
Commodity Axis, Inc.® does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any content, search or link on it. The Site and its content are delivered on an "as-is" and "as-available" basis. Commodity Axis, Inc.® cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Commodity Axis, Inc.® disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. Commodity Axis, Inc.® will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, punitive and consequential damages.