Effective Date: 1/1/2025
The following Sales Terms and Conditions (the “Terms”) govern the purchase of products and services from CRATUS Technology, Inc. (“CRATUS”), a California corporation located at 1660 Hamilton Ave. #205, San Jose, CA 95125, USA, under the brands “CRATUS,” “intercal8,” “CRIB Lighting,” and “MAGIC8.” These are trademarks of CRATUS and are protected under copyright laws. By placing an order with CRATUS, the customer (“Customer”) agrees to comply with and be bound by these Terms.
1.1 Standard Payment Terms
All orders are subject to payment in full prior to processing (“Cash With Order”). CRATUS reserves the right to modify payment terms on a case-by-case basis, but no terms or conditions inconsistent with these Terms shall apply unless explicitly agreed upon in writing by CRATUS.
1.2 Late Payments
Invoices not paid when due will bear interest at the rate of 1.5% per month (18% annually) or the maximum rate allowed by law. CRATUS reserves the right to withhold future shipments or suspend services if payments are overdue.
2.1 CRATUS warrants that its products will be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase.
2.2 This warranty excludes damages resulting from improper use, neglect, modification, or external causes. Warranty claims must be reported to CRATUS in writing and are subject to inspection and approval by CRATUS. Warranty remedies will be limited, at CRATUS’s discretion, to repair, replacement, or refund of the purchase price.
2.3 Exclusions
CRATUS does not warrant compatibility with third-party equipment or software unless specifically authorized in writing.
You hereby agree to indemnify, defend, and hold CRATUS, its licensors, licensees, distributors, agents, representatives, resellers, distributors, service providers, and suppliers, and their respective officers, directors, owners, employees, agents, and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, and costs (including settlement costs and legal or investigative fees) incurred by the Indemnified Parties arising from:
(i) any breach by the Customer of these Terms or the use of CRATUS’s products and services,
(ii) Customer’s failure to follow specifications, instructions, warnings, or recommendations furnished by CRATUS or any manufacturer,
(iii) Customer’s failure to comply with applicable legal requirements, including building codes or safety regulations,
(iv) intentional or negligent misuse of the products,
(v) any misrepresentation or omission by the Customer,
(vi) infringement claims arising from designs, specifications, or instructions provided by the Customer.
The Customer waives and releases CRATUS from all rights of contribution or indemnity to which the Customer may otherwise be entitled.
4.1 CRATUS’s liability is limited exclusively to the price of the specific product or service giving rise to the claim.
4.2 No Consequential Damages
In no event shall CRATUS be liable for special, incidental, consequential, or punitive damages, including but not limited to loss of profits, revenue, goodwill, or use, even if advised of the possibility of such damages.
4.3 Total Liability
The total liability of CRATUS, regardless of the cause of action or the form of claim, shall not exceed the amount paid by the Customer for the specific product or service.
5.1 Governing Law
These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles.
5.2 Negotiation and Mediation
In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiations. If negotiations fail, the parties shall submit the dispute to mediation with a neutral third party, with costs shared equally.
5.3 Arbitration
If mediation fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in San Jose, California. The decision of the arbitrator shall be final and binding.
5.4 Injunctive Relief
CRATUS may seek injunctive relief or equitable remedies in any court of competent jurisdiction to protect its intellectual property rights.
5.5 Waiver of Jury Trial and Class Actions
The Customer waives their right to a jury trial and agrees to resolve disputes on an individual basis.
6.1 Entire Agreement
These Terms constitute the entire agreement between CRATUS and the Customer regarding the purchase of products and services, superseding all prior agreements, whether written or oral.
6.2 Modifications
CRATUS reserves the right to modify these Terms at any time, with updates posted on its website. Continued use of CRATUS products or services constitutes acceptance of the revised Terms.
6.3 Force Majeure
CRATUS shall not be liable for delays or failures in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, labor disputes, or supply chain disruptions.
6.4 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
6.5 Notices
All notices shall be sent to CRATUS at info@cratustech.com or via certified mail to its corporate address.
6.6 Contact Information
For inquiries or additional information, please contact CRATUS at:
Email: info@cratustech.com
Phone: +1.669.877.4400
Address: 1660 Hamilton Ave. #205, San Jose, CA 95125, USA
This document reflects the current Sales Terms and Conditions for CRATUS Technology, Inc. If you have any questions, please contact us.
