Terms of Agreement for the Archangel Crystal Lights 

 

Purchase Order

  1. This acknowledgement and purchase order constitutes the complete and only agreement and contract between us, Kimberly Dawn, Kimberly Inc. & Archangel Crystal Lights℠ & Purchaser. No agent or employee is authorized to agree otherwise or to waive this stipulation or agreement.

 

Payment and Taxes

  1. Invoice will reflect the net prices plus any applicable sales, use, excise or similar taxes.
  2. You will pay each invoice is U.S. Dollars paid through paypal or on and payable by a U.S. Bank on or before the due date stated on each invoice on the terms set forth on the face hereof.
  3. The prices for the Archangel Crystal Lights are quoted in US currency.
  4. There are 2 methods of payment available for the Archangel Crystal Lights: via PayPal and by transfer made directly to Kimberly Inc., Archangel Crystal Lights℠.
  5. Kimberly Dawn, Kimberly Inc. indicates that the fastest form of payment is the option of making payments via PayPal.
  6. The data for making the payment are sent by e-mail automatically after the placing of the order with the indication of the chosen form of payment.
  7. The Archangel Crystal Lights℠ are made available only after crediting the transferred amount to the Archangel Crystal Lights℠
  8. The prices quoted on the Archangel Crystal Lights℠ website does not include taxes. The tax shall be automatically added to the invoices.
  9. Bank collection or processing fees are for your account.
  10. No payment will be withheld by you pending settlement of any claim, allowance or adjustment.
  11. Interest on amounts not paid when and as due will accrue at the highest rate permitted by applicable law.

 

Delivery

  1. Unless we agree otherwise in writing, delivery of the goods hereunder shall be made USPS, UPS or Fed Ex. Risk of loss or damage shall pass to you upon delivery to the carrier. It will be your responsibility to recover from the carrier shortages or damages in transit, and no credit or deduction will be granted by us therefore. You agree to pay the carriers published fee. This paragraph applies whether or not shipping is prepaid by us.

 

Quantities

  1. We may ship and you will accept in full performance of this agreement any quantity within ten percent (10%) of the quantities specified on the face hereof. Invoicing will be based on actual quantities shipped. We may elect to produce the entire quantity ordered at one time, and ship them accordingly.

 

Shipment Dates

  1. The Archangel Crystal Lights are shipped within 30 days after making payment by the Purchaser.
  2. Scheduled in-house dates of shipment are sent by email and shown on the invoice are estimates only and are subject to delays resulting from causes beyond our reasonable control. We will not be liable for damages, direct or consequential, resulting from failure to make shipments as estimated.

 

Warranties

  1. WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OR OTHERWISE EXCEPT AS FOLLOWS:
  2. Kimberly Dawn, Kimberly, Inc. & Archangel Crystal Lights℠ warrants to the original purchaser that all products shall be free from defects in material or workmanship at time of shipment.
  3. There is a one year warranty for the Archangel Crystal Lights℠ that includes coverage of parts and labor if the unit stops working.
  4. Our obligation under this warranty is limited to the repairing or replacing of any of our products, providing said products are used within the specified ratings and applied in accordance with good engineering practice, and providing said products are proved by our examination to be defective and returned to us shipment paid by purchaser.
  5. This warranty shall constitute the fulfillment of the company’s liability, and the company shall not be liable for any consequential damage.
  6. This warranty does not extend to any of our products which have been subject to misuse, neglect, accident, improper application, or installment, nor shall it extend to material which has been altered or repaired outside the factory.
  7. This warranty is in lieu of all other warranties expressed or implied.
  8. Any attempt to use a non spec part or parts that have not been included inside your purchased goods resulting in damage to the Archangel Crystal Lights℠ voids all warranties given due to negligence.
  9. Any attempt to use a non spec part or parts such as an ac adapter that has not been included inside your purchased goods resulting in damage to the Archangel Crystal Lights℠ voids all warranties given due to negligence.

 

Refund

  1. Purchaser has a 7 day refund policy with 20% restocking fee.  Purchaser incurs all shipping fees for their refund.

 

Hanging Your Archangel Crystal Lights℠

  1. Purchaser is responsible for the purchasing all necessary equipment needed to hang your Archangel Crystal Lights℠, if Purchaser has chosen to suspend them from the ceiling or wall.
  2. Purchaser hereby assumes full responsibility for the hanging of the Archangel Crystal Lights℠ and releases and discharges Kimberly Dawn, Kimberly Inc. & Archangel Crystal Lights℠ from any and all claims, liabilities, damages, actions, or causes of action arising from the Archangel Crystal Lights being hung directly over where Purchaser or Purchaser’s friends, family members or clients will be lying under them for healing sessions received here under, including, without limitation, any damages arising from acts of active or passive negligence on the part of Kimberly Inc. & Archangel Crystal Lights℠, to the fullest extent allowed by law.

 

Repairs & Support

  1. Purchaser pays shipping if repairs are needed.
  2. Cost to diagnose and repair the Archangel Crystal Lights℠, after the warranty period, is a flat rate of $399 per incident with Purchaser paying shipping costs to and from repair location.
  3. If phone support is requested and needed anytime before or after you receiving the Archangel Crystal Lights℠ you will need to prepay $150 for a one support call.
  4. After purchase the Archangel Crystal Lights℠ you receive 2 available support emails to ask 2 questions total for any set up or hardware questions you may have about the Archangel Crystal Lights℠.  If more support is needed (beyond your initial 2 question, 2 email support coverage) you will be offered an email support package for 8 email questions answered for a fee of $150 paid in advance.

 

Returns

  1. No goods sold and delivered may be returned to us without prior written authorization or a return materials authorization number (RMA) patents.
  2. Purchaser has a 7 day refund policy with 20% restocking fee.  Purchaser incurs all shipping fees for their refund.
  3. We will indemnify you against any claim that the sale or use of items sold under this Agreement constitutes an infringement of any U.S. patent covering the sale or use of such goods as sold by us, but not the use thereof in combination with other goods or materials, provided you shall give us prompt written notice of any such claim and an opportunity to defend or dispose of the same.
  4. This warranty and indemnity does not apply to any goods manufactured or assembled by us pursuant to specification supplied by you.

 

Cancellations and Charges

  1. All products are non-cancelable. You may cancel your order within 48 hours at no charge.
  2. After 48 hours, your order is non-cancelable, non-returnable. Kimberly Inc. & Archangel Crystal Lights℠ reserves the right to invoice the entire amount of balance of each order upon your request to cancel.
  3. At the sole discretion of Kimberly Inc. & Archangel Crystal Lights℠, the following will apply; $200 cancellation fee and an invoice for all work in process, completed parts, raw materials, set-up charges, and restocking fees. This amount is non-negotiable and will be invoiced in lieu of a 100% cancellation charge.
  4. Furthermore, dormant orders over 1 year old will be considered canceled.
  5. Thirty (30) days notice is required to accommodate any standard product cancellation. Standard products which are scheduled to ship within Thirty (30) days are frozen and may not be canceled. You may cancel your order within 24 hours at no charge.
  6. After 24 hours should you cancel your order a mandatory 20% restocking for the balance left to ship, and a $125 cancellation fee for administration will be invoiced.
  7. This cancellation may also require a bill-back charge based on the respective price for the actual quantity shipped.
  8. This amount is non-negotiable and will be invoiced in lieu of a 100% cancellation charge.
  9. Rescheduling of your order to evade the cancellation charges, will not be accepted.
  10. If for any reason, you cannot or do not agree with our cancellation terms, please cancel your order within 48 hours. After 48 hours, your order will be processed for manufacturing.

 

Law Applicable

  1. All matters relating to the making, validity, construction and performance of this Agreement shall be governed by the laws of Oregon, U.S.A.

 

Price

  1. The price set forth on the face of this acknowledgement is binding. No agent or employee is authorized to change the price.

 

Manufacturing Locations

  1. Kimberly Inc. & Archangel Crystal Lights℠ reserves the right to manufacture its products in multiple manufacturing locations located in North America or any country without prior approval from its customers.

 

Rights of Use

  1. The Purchaser acquires the right to use the Archangel Crystal Lights℠ for commercial and private use purposes.
  2. The Purchaser does not have the right to resell or give away the Archangel Crystal Lights℠ whether for remuneration or not, sublicense, distribute or to multiply the Archangel Crystal Lights℠.
  3. If the Purchaser wants to use the Archangel Crystal Lights℠ for purposes other than the ones indicated above, then the Agreement does not stipulate such use of the Archangel Crystal Lights℠ , and the Purchaser shall enter into separate user agreement with Kimberly Inc. & the Archangel Crystal Lights℠ whereby they will acquire the right to use the Archangel Crystal Lights℠ for the additional purpose.

 

Release of Liability 

  1. Purchaser understands and agrees that they will release Kimberly Inc. & Archangel Crystal Lights℠ from all liability regarding any medical conditions or symptoms the Purchaser or their clients, friends or family have before, during or after use of the Archangel Crystal Lights℠ .
  2. Purchaser understands that an Archangel Crystal Light healing session is designed to be an ancillary health aid and is not suitable for primary medical treatment for any condition.
  3. Purchaser hereby assumes full responsibility for purchase and receipt of the Archangel Crystal Lights℠ releases and discharges Kimberly Dawn, Kimberly Inc. & Archangel Crystal Lights℠ from any and all claims, liabilities, damages, actions, or causes of action arising from the Archangel Crystal Light healing sessions received here under, including, without limitation, any damages arising from acts of active or passive negligence on the part of Kimberly Inc. & Archangel Crystal Lights℠, to the fullest extent allowed by law.
  4. Purchaser in purchasing the Archangel Crystal Lights℠ understands and agrees that this consent will apply to and govern the current and all future Archangel Crystal Lights℠ manufactured by Kimberly Dawn, Kimberly Inc. & Archangel Crystal Lights℠.