Terms and Conditions of Use and Sales
General. The Terms and Conditions on this website shall be the complete and exclusive terms and conditions applicable to the agreement between "Seller" M-State Technologies Ltd., and you the "Client" aka the "Buyer" or "website visitor". Seller shall not be bound by Client's Terms and Conditions on any Purchase Order, Contract or any other document unless expressly agreed to in writing and shall be applicable only to specific items agreed by Seller. In the absence of written acceptance of these Terms and Conditions by Buyer, either acceptance of or payment for the products or goods shall constitute Buyer's acceptance of these Terms and Conditions. Any different or additional terms or conditions in any order, proposal, acknowledgment form, or any other document of Buyer are hereby deemed material alterations and are null and void and superseded by these Terms and Conditions.
- Conditions. You the Client understands that use of or any action taken on any information or product on this website is at your liability and risk. You should always consult with a Healthcare Care Professional before starting any diet or supplementation program. Product availability, pricing and promotions are subject to change without notice. M-State Technologies Ltd understands that similar products available elsewhere have been used as dietary supplements. We remind the customer that such usage is of their own responsibility. M-State Technologies Ltd. shall take no responsibility for anything that may occur as a result of such use. No technical information, process descriptions, historical information, or any other information which may be provided on this website or any of its affiliated websites and representatives may be held as being responsible for any action by any party who might use such information, nor any result of any such action. GoldenGevity Inc. expressly disclaims any and all warranties associated with any product or information, whether expressed or implied. This includes but is not limited to any implied warranty of merchantability or fitness for use for any purpose. You understand that use of or any action The Client will comply at Clients own expense with all applicable local, State, and Federal Laws. Our products and statements have not been evaluated by the United Kingdom Food and Drug Administration. The Client (or website visitor) understands that these products are not approved by the Food and Drug Administration (FDA) to diagnose, treat, cure or prevent disease. The information provided on this site is for informational purposes only. It's not intended as a substitute for advice from your Physician or other Health Care Professional. Client agrees that the PPM concentrations are to be determined with a TDS (Total Dissolved Solids) Meter and not with other tests such as the ICP Spectrometer test that are used for nanoparticle detection. "Pure Colloidal" product descriptions means that the manufacturer does not use any salts, chemicals or natural byproducts before, during or after the production process. Seller The Seller is not responsible for actions of the re-sellers of our products. Re-sellers are persons or entities that buy wholesale and may also dilute and repackage the items on under their brand name. If you buy these products with the intention of diluting, repackaging, and reselling them, then you agree to "Hold Harmless" M-State Technologies Ltd, and any of their representatives or employees.
- Prices. Published prices are to be calculated in Euro and are subject to change, without notice. Prices and payment terms on shown on apply as written, inadvertent error(s) in prices and/or terms is subject to Sellers correction and therefore shall not be binding on upon Seller. Prices are Ex-Factory plus Freight and insurance costs of products at factory and are exclusive of all taxes federal state or local. All products sold to distributors as "Private Label" products with the Clients name brand on them are Noncancellable, Non-Returnable and Non-Refundable. All packaging services done by seller and sellers subcontractors are Noncancellable, Non-Returnable and Non-Refundable and sellers agree's to accept all risk's in the production thereof. If Seller is required to pay or collect any tax or duty owed by Client, such payment or collection shall be added to the price. If there is a delay in completion or shipment of order due to any change requested by Client, or as a result of any delay on Client's part in furnishing information necessary for completion of the order, the price initially agreed upon at time of acceptance is subject to change and correction.
- Delivery. The promised delivery date is the best estimate possible, based upon current and anticipated factory loads, of when the products will be shipped. Seller shall have no liability for lost profits or incidental or consequential damage due to delays and shall not be liable for any default or delay in performance whether or not if caused directly or indirectly, by governmental action, prohibition or regulation and delay by transportation companies, or from any cause whatsoever beyond Sellers control, whether or not such cause be similar or dissimilar to those enumerated. Seller shall promptly notify Client of the happening of any such contingency and of the contemplated effect thereof on the manufacture and delivery of the products. M-State Technologies will not be held liable for orders that are Lost or Stolen due to the buyer's request that the products delivery be left at the door. "Returned" or "Refused" Orders or orders that are deemed "undeliverable" by the shipping carrier will have the shipping, handling and a restock fee deducted from the sales amount and the rest refunded via a "Store Credit" that can be applied to future purchases.
- Payment. Payment shall be 100% on order unless otherwise agreed to in writing. Production, shipment and delivery shall at all times be subject to the approval of Sellers credit department. Seller reserves the right at any time to modify or withdraw credit or payment terms without notice and to require guarantees, security, or payment in advance of the amount of the credit involved. The Seller reserves the right to choose which method of payment the buyer must pay for the goods purchased. If Seller at any time doubts Client's financial responsibility, Seller may decline to make shipments hereunder except upon cash payment in advance or receipt of security or other proof of responsibility satisfactory to Seller.
- Title. Title to all products and goods shall remain with M-State Technologies Ltd. until the complete purchase price and all additional costs and charges are paid by Client. Entire risk of loss shall pass to Client upon delivery to Carrier (Transport Company) and Carriers acceptance of products or merchandise.
- Changes. Seller may, at any time and without notice, make changes in design, materials, or incorporate product improvements and may discontinue the manufacture of any product or products solely at Sellers discretion without incurring any obligation of any kind as a result thereof, whether for failure to fill an order or otherwise. Any change of order by Client will not be considered effective until mutual agreement has been reached between the Client and Seller as to the effect of any changes in price, delivery, and other conditions of the order.
- Notice of Defect. Unless otherwise specified, the products to be furnished hereunder shall not be subject to Seller’s inspection at the place of manufacture or vendor(s) place of business. Notice of any defects or claims of any nature (except warranty) must be made in writing within five days of delivery. Returns will not be accepted for any reason without Seller’s prior written authorization.
- Warranty by Seller. Seller’s standard published warranties in effect at the time of shipment for the particular products shall apply. THESE WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS OR USE FOR A PARTICULAR PURPOSE. Client agrees that any information that is written, or oral or transmitted through electronic media such as emails concerning the use of the products and health applications are hereby disclaimed, and Client agrees to hold Seller "Hold Harmless" for any such information that has been transmitted or communicated.
- Limitation of Liability. In the event Client claims that Seller has breached any of its obligations under this agreement, whether in warranty or otherwise, Seller’s may request and require the return of the products for inspection and validation. If Seller so requests the return of the products, the products shall be redelivered per M-State Technologies Ltd. instructions at Seller’s expense. In such event, Seller shall absolutely have no further obligation to Client. THE REMEDY PROVIDED FOR IN THIS PARAGRAPH SHALL CONSTITUTE THE SOLE RECOURSE OF CLIENT AGAINST SELLER FOR BREACH OF ANY OF SELLER’S OBLIGATIONS UNDER THE AGREEMENT, WHETHER THE CLAIM IS MADE IN TORT, CONTRACT, OR IN ADMIRALTY. INCLUDING CLAIMS BASED ON WARRANTY, NEGLIGENCE OR OTHERWISE. Any cause of action against Seller arising out of this agreement must be brought within one year after the cause of action has accrued. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, Client(s) agree to pay to attorney fees, collection costs, and court costs and for any and all incidental and consequential damages and expenses M-State Technologies Ltd., may incur if legal action becomes necessary for collection and Client agrees and hereby waives their right to sue, claim, or demand for any incidental and consequential damages and if any part of this account is assigned to an attorney or agent for collection, whether or not court action is taken or judgment is rendered. IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, NOR SHALL SELLER’S LIABILITY FOR ANY CLAIMS OR DAMAGE ARISING OUT OF OR CONNECTED WITH THE SALES AGREEMENT WITH CLIENT, OR THE MANUFACTURE, SALE, DELIVERY, OR USE OF THE PRODUCTS EXCEED THE PURCHASE PRICE THEREOF.
- Patent, Trademark or Copyright Infringement. Proprietary Information Confidentiality. Any specifications, prices, drawings, plans, notes, instructions, engineering notices, or technical data of Seller furnished to Client shall be deemed to be incorporated herein by reference the same as if fully set forth. Seller shall at all times retain title to all such documents, and Client shall not assign or subcontract any rights or obligations under this agreement and or disclose such to any third party without M-State Technologies. prior written consent. Upon Sellers request, Client shall promptly return to Seller all such documents and copies thereof.
- Termination. M-State Techologies Ltd. may terminate this agreement upon immediate written notice to Client on the happening of any of the following events: (a) Failure of Client to accept delivery of products or goods, or to pay any indebtedness to Seller when due, accompanied by a failure within ten (10) days after demand therefor, to fully pay the same or provide assurance of payment satisfactory to Seller; (b) Failure by Client to honor any promise on Client's part contained in this agreement or to perform any of its obligations under this agreement other than the payment of any indebtedness to Seller, after Client shall have been notified by Seller of such failure and in Sellers opinion shall have failed to correct the same within Thirty (30) days after receipt of such notice; (c) Repetition by Client of a failure which is the same or substantially the same as the one previously corrected by Client after notice as provided in subparagraph (a) above; (d) The material inaccuracy of any information set forth in any application, claim, schedule, certificate, or other document heretofore or hereafter furnished by Client to Seller; and (e) If Client shall cease to function as a going concern makes an assignment for the benefit of creditors, or any proceeding under any federal or state bankruptcy, receivership, or Insolvency laws is instituted by or against Client, or the liquidation dissolution, merger, or consolidation of Client occurs, or a receiver or trustee for Client or any of its assets or property is appointed or applied for. Termination shall not release, or affect, and this agreement shall remain fully operative as to, any obligations or liabilities incurred by Client prior to the effective date of such termination, provided that all indebtedness of Client to Seller shall become immediately due and payable on the effective date of termination without demand, and M-State Technologies. may deduct from any sums it owes to Client sums owed by Client to Seller. Any orders received from Client, whether or not accepted by Seller which have not been shipped prior to Client's receipt of notice of termination or the effective date of termination or expiration, whichever shall occur first, shall only be shipped for cash in advance.
- Indemnity: If a lawsuit should be in place, you the Client, agree to notify in writing M-State Technologies Ltd.
3 Gower Street WC1E 6HA London - United Kingdom
- Modifications. In the event Client modifies the products sold hereunder without the express written consent of Seller or Client fails to implement any changes in the products directed by M-State Technologies Ltd., then all warranties expressed or implied shall be deemed void, and Client shall assume and bear the entire risk of loss and damage to the products from any and every cause whatsoever, including but not limited to fire and theft, during the term of this agreement Client agrees to indemnify, defend, and hold M-State Technologies Ltd. harmless from any and all claims, demands, suits, costs, and expenses incurred thereby whether in contract, tort, or otherwise resulting from such failure.
- Miscellaneous. Client's rights and obligations hereunder may not be delegated without the prior written consent of M-State Technologies Ltd.. M-State Technologies Ltd. may freely assign its rights and obligations. Inadvertent error(s) in specifications and/descriptions on the face of this proposal are subject to Sellers correction and therefore shall not be binding on upon Seller. In the absence of any other written agreement between Client and Seller governing cancellation, Client may cancel an order only upon written notice to Seller and simultaneous payment of Seller’s cancellation charges (20% Restocking Charge, plus Freight and Transport Charges and/or other costs incurred) At Clients request, a statement of Such charges will be furnished by Seller Prior to Cancellation.
- This agreement shall be governed by and construed in accordance with the Uniform Commercial Code as adopted by the United Kingdom . United Kingdom shall be the exclusive jurisdiction and legal venue under which this agreement shall be interpreted. This agreement supersedes all prior written or oral agreements with respect to the subject matter hereof. The invalidity of any part of these Terms and Conditions shall not affect the validity of the remaining provisions. Al claims or suits against Seller must be made within (1) year of the date the cause of actions occurred (regardless of when they were discovered) or be forever barred.
- No waiver shall be effective against Seller unless Seller agrees to same in writing. Paragraph headings found herein are for convenience only and are not to be considered in interpreting any of the Provisions hereof.
- Force Majeure. M-State Techologies Ltd. shall not be liable for any default or delay in performance if caused directly or indirectly, by acts of material nature , force of arms; fire, the elements, riots, labor disputes, picketing or other labor controversies, sabotage; civil commotion; accidents any governmental action, prohibition or regulation delay in transportation facilities: shortage or breakdown of or inability to obtain or non‑arrival of any labor, material, or products used in the manufacture of the products, failure of any party to perform any contract with Seller relative to the production of the products, or from any cause whatsoever beyond Sellers control, whether or not such cause be similar or dissimilar to those enumerated. Seller shall promptly notify Client of the happening of any such contingency and of the contemplated effect thereof on the manufacture and delivery of the products.
London 1.1. 2019