Purchase Terms and Conditions - Unity Press


Welcome to the “Unity” family of websites and applications provided by UnityLab Corp. (including but not limited to Unity Laundry, Unity Clean, Unity Steam, Unity Press). These Terms and Conditions govern your use of all UnityLab Corp. websites and related online purchase transactions. We require you to sign this "terms and conditions" agreement indicating you have read and accept these terms before you complete your purchase. After reading, please scroll to the bottom to sign and submit in order to proceed to checkout.

  1. Introduction, Key Definitions and Requirements.  UnityLab Corp (including Unity Laundry, Unity Clean, Unity Steam, Unity Press and hereinafter referred to as “UNITY” or “Seller”) is the vendor of products and services sold on this website (hereinafter the “Website” or the “Site”) or sold or leased by Seller to customers via other means. The placement of an order via this website, or by other means offered by Seller, by customer (hereinafter referred to as the Purchaser) is an offer to Seller to purchase/lease specific products identified in such order (the “Products”). No such offer is binding on Seller until confirmed by email or shipment of the Products by Seller to the Purchaser.  
  2. Purchaser must pay in full for the Products prior to shipment. Acceptable forms of payment include but are not limited to check, ACH or credit card. Any transaction fees incurred with payment shall be paid by the Purchaser.
  3. Security Interest& Filing. Purchaser hereby grants Seller a purchase money security interest in any machine Products (including but not limited to washing machines, clothes dryers, steam cleaners, or steam presses which shall hereinafter be referred to as “Machines”) ordered by Purchaser until such time as the Purchaser has paid in full for such Machines including any applicable taxes and service charges. Purchaser further hereby grants Seller the right to file a financing statement (UCC-1), without Purchaser’s signature, in all applicable jurisdictions or venues where the Machines will or have been shipped or installed, in relation to any such purchase of Products. After the Products which are the subject of any such filing have been paid in full Seller will, upon Purchaser’s written request, file a UCC termination statement in all places where a financing statement has been filed in connection with the subject transaction.
  4. Use of Products. Purchaser hereby agrees to use the Products per the instructions and warnings provided and adhere to all government safety requirements, codes, and regulations. Purchaser shall only use the Products in its own facilities provided, however, that Purchaser may resell the Products purchased through this website or by other means”) to end-user customers located in the United States and in such event, Purchaser shall be responsible to comply with all laws and regulations applicable to any such resale.
  5. Further Terms. All purchases are subject to the foregoing and the following Terms and Conditions. The foregoing and the following Terms and Conditions are sometimes referred to as the or this ‘Agreement” and comprise the complete agreement between the parties regarding any purchase made on the Website.

ADDITIONAL TERMS AND CONDITIONS:

  1. TAXES
    1. Taxes.  Purchaser shall be solely responsible for any national, state, or local sales, use, value added, or other tax, tariff, duty or assessment levied or imposed by such taxing authority arising out of or related to any of the purchase transactions from this website, other than any tax based on Seller net income.  Purchaser must pay directly, or reimburse Seller for, the amount of such sales, use, value added or other tax, tariff, duty, or assessment which Seller is at any time obligated to pay or collect for such purchases.  In order to avoid Seller’s collection of applicable state sales or use taxes on purchases from Seller, Purchaser must provide Seller a state sales tax exemption certificate prior to shipment.  
  2. SHIPMENTS. 
    1. Shipping Terms.  All Products sold hereunder will be suitably packed for shipment in Seller’s standard containers, marked for shipment to Purchaser at the address specified in the order on this Website and delivered to Purchaser.  Unless otherwise agreed in writing the Seller shall be responsible for standard shipping costs..  Each party agrees, however, that shipment of any Products ordered from Seller pursuant hereto may be delayed for a period of time sufficient to enable Seller to manufacture and assemble said Products for Purchaser in its normal course of business and Seller shall be held harmless for any such delay. 
  3. INTELLECTUAL PROPERTY RIGHTS.
    1. Purchaser acknowledges and agrees that the UNITY Marks and other intellectual property provided to Purchaser by Seller, if any, are the sole and exclusive property of Seller.  Purchaser shall not acquire any right, title, or interest under this Agreement in any patent, copyright, UNITY Mark, or any other intellectual property of Seller.  No implied license in any patent, copyright, UNITY Mark, or any other intellectual property right of Seller is granted to Purchaser under this Agreement or otherwise.
    2. During the term of this Agreement and thereafter, Purchaser will not do anything that will in any way infringe, impeach, dilute, or lessen the value of the Unity Marks, patents, copyrights or other intellectual property of Seller or the goodwill associated therewith or that will tend to prejudice the reputation or sale of Seller or any Products. 
  4. WARRANTY. 
    1. Warranty.  Seller makes no warranties or representations to Purchaser or any other person with respect to the Products or any service provided to Purchaser or to any other person except as set forth in Seller’s Limited Warranty accompanying the Products (“Limited Warranty”).  Notwithstanding anything herein to the contrary, Seller reserves the right to change any of the terms of its Limited Warranty at any time, without notice and without liability to Purchaser or any other person. Purchaser acknowledges that Seller shall have no warranty liabilities or obligations to Purchaser for the defects of the Products or parts thereof, including Parts supplied hereunder, occurring after the expiration of the warranty period as set forth in Seller’s Limited Warranty Statement.  Seller’s warranty does not extend to any (i) defect of the Products or parts thereof or Parts supplied hereunder caused by misuse, neglect, accident, improper installation, abuse, improper repair, alteration or modification or any act in violation of the instructions furnished by Seller or (ii) any use by Purchaser of any replacement part which is not a genuine Seller replacement part (unless otherwise consented to in writing by Seller).   
    2. Disclaimer.  THE LIMITED WARRANTY REFERRED TO IN SUBSECTION 4.A HEREOF IS THE ONLY WARRANTY, EXPRESS, IMPLIED OR STATUTORY, THAT SELLER MAKES WITH RESPECT TO THE PRODUCTS OR USE OF THE UNITY WEBSITES..  THE PARTIES HEREBY AGREE THAT THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY TO THE PRODUCTS OR ANY PARTS THEREOF OR SUPPLIED HEREUNDER. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE UNITY SITES IS AT YOUR SOLE RISK.
  5. INDEMNIFICTION.  
    1. Purchaser’s Indemnity Obligations to Seller.  Purchaser hereby agrees to defend, indemnify and hold harmless Seller its parent and affiliates and their respective, officers, directors employees, and agents from and against any Claim (i) arising out of the acts or omissions of Purchaser its agents, employees or representatives in the marketing, installation (including the acts of third party installers whether or not purchased through Unity), use, sales or servicing of Products or Unity Marks, (ii) arising out of the alteration or modification of the Products or Unity Marks by Purchaser its agents, employees or representatives or the use of the Products or Unity Marks in combination with other products or marks.
  6. LIMITATION OF LIABILITY / ACTIONS 
    1. Limitation of Liability.  EXCEPT FOR THE PARTIES’ INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL EITHER PARTY BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY STATUTORY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOODWILL OR REPUTATION, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN.  NO ACTION SHALL BE BROUGHT FOR ANY CLAIM RELATING TO OR ARISING OUT OF THIS AGREEMENT MORE THAN SIX (6) MONTHS AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION, EXCEPT FOR MONEY DUE UPON AN OPEN ACCOUNT. 
  7. COMPLIANCE WITH LAWS and Safety Matters.
    1. Compliance with Laws. Purchaser represents, warrants, and covenants that it shall comply with all applicable international, national, state, regional and local laws, codes, and regulations in performing its obligations hereunder and in any of its dealings with respect to the Products (including any relevant OSHA and MSDS chemical and toxic substance related regulations).
    2. Notification of Actual or Potential Violation of Law or Product Safety Issues. Purchaser shall promptly notify Seller if Purchaser knows or has reason to believe that any act or refrainment from acting required by or contemplated under this Agreement violates any applicable law, rule, or regulation (whether criminal or non‑criminal) or if it becomes aware that any Products contain a defect which could create a substantial product hazard or an unreasonable risk of serious injury or death.
    3. Installation and Safety. By accepting delivery of the Product(s), Purchaser assumes all responsibility and liability for any loss or damage to property or personal injury suffered by Purchaser or Purchaser’s employees, agents, contractors or other third parties in any way related to or arising out of the uncrating, placement, installation, or operation of the Product(s). Purchaser is responsible for ensuring that Purchaser or Purchaser’s employees, agents, contractors or other third parties are capable of doing the installation related work (moving equipment, electrical, plumbing) and adhere to all state and local codes. Purchaser shall require all installers (whether the Purchaser, an employee or an independent contractor of Purchaser or a vendor) to read the important safety and/or  MSDS warnings and messages on the packaging, in the Product Manual, and on the Product itself. This information alerts you to potential hazards that could cause harm to you or others or damage to property.  Please read these messages carefully. As it is not possible for all circumstances or hazards to be foreseen, you are urged to use careful planning and extreme caution in the uncrating, placement, installation and operation of the Product(s). You must use your own good judgement. If the state or local law of the relevant installation location requires an installer to have certain licenses for installation of the Product(s), Purchaser shall insure that only such licensed persons carry out the installation.  
    4. Unity Installation Services. Use of third party Installation Services purchased through Unity is subject to the requirements published on the Website and includes the following additional terms:
      1. Purchaser must have accessible doorway that will exceed width of your existing unit and the new unit supplied by Unity(dismantling of existing or new unit is not included with Installation Services)
      2. A floor level drain within 6’ of install location of the washer
        1. If a floor level drain is not available, an external pump must be purchased to have unit installed (ref: Unity External Drain Pump Kit -The Unity Washer at buyunitynow.com).
        2. If an external drain pump is required, then a 110v outlet is required within 4 feet of installation location.
      3. A breaker box with available space for a double pole breaker; located within 15’ of install location (Breaker panel required to be in same room of install).
        1. If customer chooses or has to have electrical run from another room. A 3 prong 208-240v single phase electrical outlet is required within 2’ of install location.
      4. All washer hoses to be supplied by the customer
      5. An appointment will be scheduled for installation of your new unit once unit has arrived at your property. You will be given a 4 hour window for install. If a visit is made and a customer is not home or install is not possible due to the above conditions not being met; a rescheduling surcharge may be applied.
  1. GENERAL PROVISIONS.
    1. Governing Law; Dispute Resolution. This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Pennsylvania without regard to its conflicts of laws principles and the parties hereby agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.  The parties hereby irrevocably consent to the exclusive jurisdiction of the state and federal courts of the State of Pennsylvania with venue for any action in Sullivan County, PA for actions brought in state court or for federal actions the United States District Court of Pennsylvania.  THE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT.
    2. Survival.Those provisions of this Agreement which by their sense and context should survive any termination or expiration of this Agreement including without limitation Sections 3, 4,5,6,7 & 8, shall so survive.
    3. Independent Contractors.Both parties are acting as independent contractors with respect to the activities hereunder.  Nothing in this Agreement shall be deemed to create any type of agency, joint venture, franchisor/franchisee, or partnership relationship between the parties.  Neither party shall have any right or authority to bind or obligate the other in any manner to any third party.  Purchaser shall have sole fiscal and other responsibility for the acts and compensation of its own employees and the expenses of the conduct of its business.
    4. Successors and Assigns.Neither this Agreement, nor any right or interest herein, may be assigned by Purchaser, without Seller’s prior written consent.  Seller may assign this Agreement without the consent of Purchaser to its parent company or any other affiliated company.  Seller may also assign any or all of the accounts receivable generated or created by virtue of sales pursuant to this Agreement to any affiliated company or any third party. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, legal representatives, and assigns. There are no third-party beneficiaries to this Agreement.
    5. Invalidity of Provisions. If any provision of this Agreement shall be or become invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not be affected thereby.
    6. Force Majeure. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of strikes, shortages, riots, insurrection, terrorist attacks, fires, flood, storm, explosions, earthquakes, acts of God, war, governmental action, supplier problems, or any other force majeure event that is beyond the reasonable control of such party. For the sake of clarity, during duration of the Covid-19 pandemic and its immediate aftermath, delays caused by Covid-19, directly or indirectly, shall be considered a force majeure event subject to these events. Each party shall use its reasonable best efforts to notify the other party of the occurrence of such an event within three (3) business days of its occurrence.
    7. Entire Agreement / Amendments / Waiver. This Agreement, together with the purchase order placed on this website, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings pertaining thereto.  Any amendment or modification of any provision of this Agreement must be in a writing signed manually in ink by an authorized representative of both parties.  Seller’s rights and remedies under this Agreement are cumulative and non-exclusive.  No failure by either party to insist upon the strict performance of any covenant, duty, agreement, term, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such covenant, duty, agreement, or condition, or any such breach.

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Signed by Scott Wicker, Vice President Marketing and E-commerce Sales
Signed On: December 5, 2023


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Document name: Purchase Terms and Conditions - Unity Press
lock iconUnique Document ID: e77cbf65d670ce9b0deab405d7fd3570d409c573
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March 8, 2021 7:58 am EDTPurchase Terms and Conditions - Unity Press Uploaded by Scott Wicker, Vice President Marketing and E-commerce Sales - scott@ulaundrysystems.com IP 24.168.254.85
April 8, 2021 7:31 am EDT Document owner janna@monguincreative.com has handed over this document to scott@ulaundrysystems.com 2021-04-08 07:31:42 - 24.168.254.85