STELLAR INDUSTRIES – Product & Sale Terms & Conditions
Welcome to STELLAR “Off the Shelf” Ceramics. Any use of this website, including, but not limited to, browsing, research or submittal of an order, indicates your acceptance of these Terms & Conditions. The term “STELLAR Industries” or “STELLAR” refers to the owner of this website whose registered office is 50 Howe Avenue, Millbury, MA 01527. The term “BUYER” refers to the user or viewer of this website. These Terms & Conditions shall supersede any earlier Terms & Conditions, whether or not such Terms & Conditions are signed by STELLAR. STELLAR Industries reserves the right to make changes to this website and these Terms & Conditions at any time.
Acceptance of Terms & Conditions
All sales are subject to and expressly conditioned upon these Terms & Conditions and upon the BUYER’S consent of said Terms & Conditions. Any variation of these Terms and Conditions must be agreed to in writing by STELLAR and signed by an authorized representative of STELLAR Industries.
Placing Your Order
All orders shall be made through the Internet unless prior arrangements have been agreed upon by STELLAR. STELLAR does not accept telephone orders. Inventory and pricing on STELLAR’S website are in real-time.
STELLAR operates on a Monday through Thursday schedule. Orders are usually shipped within one-two business days if an order is placed prior to 11 am Thursday. The BUYER may change or cancel an order only by written agreement with the STELLAR provided product has not yet shipped.
Payment Methods Available
BUYER may order products from this webstore using VISA, MasterCard, American Express or PayPal. All credit card orders are subject to verification and approval.
Taxes and Other Fees
Any use tax, sales tax, excise tax, duty, custom, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between STELLAR and the BUYER, shall be paid by BUYER in addition to the prices quoted or invoiced. In the event STELLAR is required to pay any such tax, fee or charge, BUYER shall reimburse STELLAR; therefore or in lieu of such payment, BUYER shall provide STELLAR, at the time the order is submitted, an exemption certificate or another document acceptable to the authority imposing the tax, fee or charge.
Shipping, Delivery, Delays
All sales are FCA/FOB Millbury, Massachusetts, USA, unless otherwise noted. Delivery of the goods to the carrier at STELLAR’S shipping point shall constitute delivery to BUYER, and BUYER shall bear all risk of loss or damage in transit.
STELLAR operates on a Monday through Thursday schedule. Orders are usually shipped within one-two business days if an order is placed prior to 11 am Thursday. While STELLAR will make every effort to use BUYER’s requested ship method, STELLAR reserves the right to change shipping carriers in the event of unforeseen issues.
In all cases, a risk of loss or damage to goods in transit shall fall upon BUYER, who should file any resulting claims with the carrier. Shipping dates are approximate. STELLAR shall not be liable for any loss, damage or penalty as a result of any delay in delivery due to causes beyond its reasonable control.
Claims: Shortages, Defects or Damages
BUYER agrees to inspect all goods upon receipt and shall notify STELLAR in writing of any claims for shortages, defects or damages. BUYER shall hold the goods pending STELLAR’s written instructions concerning disposition. If the BUYER fails to notify STELLAR within five business days after the goods have been received by BUYER, such goods shall be deemed to conform to the Terms & Conditions hereof and to have been irrevocably accepted by BUYER.
BUYER must report all damaged merchandise to the carrier (UPS, FedEx, etc.) and forward a copy of the inspection report to STELLAR Industries immediately upon receiving. Make sure that all packaging material is retained until the claim has been approved or dismissed. IMPORTANT: Discarding the packaging material will result in denial of the claim by the carrier. It is important that you request the carrier contact STELLAR Industries at (508) 865-1668. STELLAR highly recommends including a statement of damage along with photos of the damaged products. STELLAR reserves the right to replace the damaged product or issue a refund on the product. STELLAR Industries will not accept any product back or issue a refund on any product that has been assembled or attempted to be assembled.
Returns & Exchanges of Merchandise
STELLAR Industries guarantees the quality of all products. If the BUYER is not satisfied with the product because it does not meet the claimed specification, BUYER may exchange the product or request a refund within thirty (30) calendar days of the original invoice date. Goods may not be returned for credit or exchanged except with STELLAR’S permission. Contact our customer service department at email@example.com to request returns or exchanges.
Prepaid shipping is required for all returned products. A copy of your original invoice is required to process your return. Returned merchandise must be in original, new, re-sellable undamaged condition and be accompanies by all original packaging and documentation. In all cases, the returned product must be shipped prepaid.
Shipping & Handling are not included in the refund. Merchandise cannot be returned due to the customer’s improper storage. STELLAR Industries reserves the right to refuse merchandise or impose a minimum of 25% restocking fee for any returns not meeting the above requirements. All undamaged merchandise must be received before any refunds or replacement can be processed (no cross-shipping). Please allow two (2) weeks for processing.
Safety Data Sheet (SDS)
Federal Hazard Communication Standard requires manufacturers and distributors to furnish a copy of the Safety Data Sheet (SDS) for the users of their products. Accordingly, an SDS will be enclosed with each shipped product when you request so. We suggest that you make this information available to each and every user of our products.
Typographical & Misprinted Errors
STELLAR is not responsible for typographical or pictorial errors though STELLAR makes every possible effort to avoid them. STELLAR reserves the right to change or correct prices. An item’s picture may be for representation only! Specifications and descriptions are subject to change without notice.
Compliance with Laws & Regulations
STELLAR certifies that to the best of its knowledge its products are produced in compliance with applicable requirements of the Fair Labor Standards Act, as amended, and the Occupational Safety and Health Standards Act of 1970, and the regulations, rules, and orders issued pursuant thereto.
The BUYER’s Use of Products
The BUYER has the responsibility to verify the hazards if any and to conduct any further research necessary to learn the hazards involved in using products purchased from STELLAR. BUYER also has the duty to warn BUYER’S customers and any auxiliary personnel (such as freight handlers, etc.) of any risks involved in using or handling the products. BUYER agrees to comply with instructions, if any, furnished by STELLAR relating to the use of the products and not misuses. If the products purchased from STELLAR are to be repackaged, relabeled or used as starting material or components of other products, BUYER will verify STELLAR’S analysis of the products.
BUYER’s Representations & Indemnity
BUYER represents and warrants that it shall use all products ordered herein in accordance with “BUYER’S Use of Products”, and that any such use of products will not violate any law or regulation. BUYER agrees to indemnify and hold harmless STELLAR, its employees, agents, successors, officers, and assigns, from and against any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that STELLAR may sustain or incur as a result of any claim against STELLAR based upon negligence, breach of warranty, strict liability in tort, contract, or any other theory of law brought by BUYER, its officers, agents, employees, successors or assigns, by BUYER’S customers, by end users, by auxiliary personnel (such as freight handlers, etc.) or by other third parties, arising out of, directly or indirectly, the use of STELLAR’S products, or by reason of BUYER’S failure to perform its obligations contained herein.
Limitation of Liability:
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, STELLAR HEREBY DISCLAIMS, AND SHALL NOT BE LIABLE FOR, ANY OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AGAINST CYBERSECURITY INTRUSIONS OR FITNESS FOR A PARTICULAR PURPOSE.
STELLAR SHALL NOT BE RESPONSIBLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE PROVISION HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STELLAR’S ENTIRE AGGREGATE LIABILITY FOR ALL DAMAGES, CLAIMS, AND COSTS HEREUNDER (COLLECTIVELY, “COSTS”) SHALL IN NO EVENT EXCEED THE AMOUNT THE CUSTOMER PAID FOR THE PRODUCT(S) GIVING RISE TO SUCH COSTS.
STELLAR’s failure to strictly enforce any term or condition of this order or to exercise any right arising hereunder shall not constitute a waiver of STELLAR’s right to strictly enforce such term or conditions or exercise such right thereafter. All rights and remedies under this order are cumulative and are in addition to any other rights and remedies STELLAR may have at law or in equity. Any waiver of a default by BUYER hereunder shall be in writing and shall not operate as a waiver of any other default or of the same default thereafter. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. The paragraph headings herein are for convenience only; they form no part of the terms & conditions and shall not affect their interpretation. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto, and their respective heirs, personal representatives, successors and assigns.
Governing Law: Commonwealth of Massachusetts
This Agreement shall be governed by and construed according to the laws of the Commonwealth of Massachusetts without regard for its conflicts of lawful provisions. The parties hereto expressly exclude any application of the Convention for the International Sale of Goods to the governance and interpretation of this Agreement.
Export Compliance Organizations
Sales from this website may include products, and/or technical data that may be controlled under the U.S. Export Administration Regulations, International Traffic in Arms Regulations (ITAR), and/or Export Administration Regulations (EAR) and sales may be subject to the approval of the U. S. Department of Commerce prior to export. Any export or re-export by the Customer, directly or indirectly, in contravention of the U.S. Export Administration Regulations is prohibited.
STELLAR Industries and/or STELLAR Ceramics websites may contain links to other Internet websites owned and operated by third parties. Please note that STELLAR is not responsible for the operation and/or content of any of these websites.
STELLAR Industries | Terms & Conditions for Website Usage
- This website contains material which is owned by or licensed to STELLAR, including, but not limited to, site design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms & conditions.
- All trademarks reproduced in this website, which is not the property of, or licensed to STELLAR, are acknowledged on the website.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
- BUYER may not create a link to this website from another website or document without STELLAR’S prior written consent.
- BUYER’S use of this website and any dispute arising from such use is subject to the laws of Massachusetts and the United States of America.
- STELLAR accepts no responsibility or liability for this website’s unavailability due to technical issues beyond STELLAR’s control.
Internet Copyright Notice
This website and its contents are the copyright of STELLAR Industries – ©STELLAR Industries 2018.
All rights reserved. Any redistribution or reproduction of part or all of the content in any form is prohibited excluding the following:
- BUYER may print or download excerpts from this website to a local hard disk for BUYER’S personal and non-commercial use only.
- BUYER may copy the content to individual third parties for their personal use, provided BUYER acknowledges this website as the reference source.
BUYER may not, except with STELLAR’S express written permission, distribute or commercially exploit this website’s content. BUYER may not transmit or store this content in any other website or another form of the electronic retrieval system.
Security of BUYER Information
STELLAR Industries is committed to reasonably protecting and securing BUYER information. In order to prevent unauthorized access or disclosure, STELLAR has put in place suitable physical, electronic and managerial procedures to reasonably safeguard and attempt to secure the information collected, provided, however, STELLAR Industries is not responsible for any breaches due to intentional cybersecurity intrusions and/or malicious hacking of its website.