Terms & Conditions

1. Overview

This website is operated by Caco America LLC (“Caco,” “we,” “us,” “our”). By visiting our site and/or purchasing from us, you agree to be bound by these Terms & Conditions (“Terms”), including policies referenced here or available by hyperlink.

2. Eligibility & Account Responsibility

You must be of legal age in your jurisdiction to use this site. You are responsible for safeguarding your account credentials and all activities under your account.

3. Products & Orders

• All orders are subject to acceptance and availability.
• We may refuse or cancel an order due to errors, stock limits, or suspected fraud.
• Product selection and application are the customer’s responsibility (see Product Compliance).

4. Prices

• Displayed prices apply to customers without separate pricing agreements and are subject to these Terms.
• Prices exclude freight, handling, taxes, and duties unless stated otherwise; they may change or be corrected without notice.
• Volume discounts, when offered, may include limits and resale restrictions; returns of volume-priced items may be charged at full price where applicable.

5. Sales Tax

Customers are responsible for applicable taxes or for providing a valid exemption certificate. Indicate tax-exempt items at the time of order.

6. Payment & Credit Terms

• We accept standard electronic payment methods. Business customers with approved credit are typically net thirty (30) days from invoice or shipment unless otherwise agreed in writing.
• All credit terms, limits, and continuance of credit are at our sole discretion and may change at any time. We may request updated financial information to maintain open terms.
• Late balances may accrue a late fee up to 1.5% per month (or the maximum permitted by law). We may defer shipments, require prepayment, or cancel unshipped orders for non-payment or credit issues.
• We may offset amounts owed to us against credits due to you.

7. Security Interest

To the extent permitted by law, you grant Caco a purchase money security interest in products and proceeds until paid in full. You authorize Caco to file any required financing statements to perfect this interest.

8. Credit Balance

Any merchandise credit must be used within two (2) years from issuance unless otherwise required by law.

9. Shipping, Delivery & Freight

• Unless stated otherwise, shipments are FOB Origin. Title and risk of loss pass upon tender to carrier.
• Delivery times are estimates; delays may occur due to carriers, customs, weather, or events beyond our control.
• If freight collect is selected, you are responsible for carrier selection, charges, and claims. For prepaid/add, charges are added to your invoice.

10. Returns & Warranty (Summary)

See our Shipping & Returns Policy and Warranty & Resellers Policy. Generally:

• Returns are accepted within the specified window if unused, in original packaging, and with proof of purchase.
• Warranty covers manufacturing defects; misuse, normal wear, unauthorized modifications/repairs, or abuse are excluded.

11. Warranty Policy Details

11.1 Satisfaction Guarantee

If you are not satisfied for any reason within 30 days of invoice, contact us. Upon receipt and inspection, we will exchange or refund per policy.

11.2 Limited Warranty (Business & Government Use)

Unless stated otherwise, products are warranted against defects in materials and workmanship under normal use for one (1) year from our invoice date. At our option, we will repair, replace, or refund the purchase price of the defective item once returned prepaid to the location we designate. This is your sole and exclusive remedy.

11.3 Warranty Disclaimer & Limitations

• EXCEPT AS EXPRESSLY SET OUT, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• We are not liable for misuse, improper selection/installation, modification, misrepair, or misapplication.
• Some jurisdictions do not allow limits on implied warranties or certain damages, so these limitations may not apply to you.

11.4 Warranty Returns & Manufacturer Warranties

• Contact our Customer Care for an RMA before returning any product; proof of purchase is required.
• Manufacturer warranties (if any) may apply and may set your exclusive remedy for certain products.

12. Product Information

12.1 Catalog/Website Information

Images and content are illustrative; availability and specs may change. We reserve the right to correct publishing or pricing errors and to cancel affected orders (with refund).

12.2 Product Substitution

Where appropriate, we may offer substitutes or different country-of-origin items that meet or exceed the published specifications.

12.3 Safety Data Sheets

SDS are provided by manufacturers/suppliers. We make no warranty as to SDS accuracy or suitability. You are solely responsible for reliance and proper use.

12.4 California Proposition 65

The State of California requires that specific warnings be provided for products that contain chemicals known to cause cancer, birth defects, or other reproductive harm under Proposition 65.

A complete list of regulated chemicals is available at www.oehha.ca.gov. For more information regarding Caco America LLC products that may be subject to Proposition 65, please visit our official website at www.cacoamerica.com.

Where applicable, the required Proposition 65 warnings will appear directly on the product page and at the time of purchase.

Warning: This product can expose you to chemicals, including substances known to the State of California to cause cancer.
Warning: This product can expose you to chemicals, including substances known to the State of California to cause birth defects or other reproductive harm.

For more details, visit www.P65Warnings.ca.gov.

12.5 Product Compliance & Suitability

Laws and codes vary by jurisdiction. You are responsible for ensuring compliance and suitability for your application and location.

12.6 Cross-Reference Information

Cross-references and alternatives are for comparison only and are not guaranteed as identical or functional equivalents. Review specifications before purchase.

13. General Terms

• Electronic Data Interchange (EDI). If we mutually agree to use EDI, EDI records are admissible business records; parties will maintain reasonable security procedures.
• Third-Party Payment Providers. If you elect to use a third-party provider that charges us fees, we may seek reimbursement of such fees.
• Intellectual Property. You acquire no rights in our or our licensors’ trademarks, copyrights, patents, trade dress, or other IP. Use requires prior written consent.
• Independent Contractors. The parties are independent; no partnership, agency, or joint venture is created.
• Sourced Product. Special-procured items may follow manufacturer return policies and may be non-returnable; restocking fees and RGA may apply.
• Custom/Logoed Product. Custom items are final sale and excluded from our limited warranty; manufacturer warranties (if any) apply.
• Cancellation. Cancellations require our approval and may incur restocking/other charges.
• Product Returns (Outside 30 Days). Unless otherwise stated, returns beyond the satisfaction period must be within sixty (60) days of invoice, unused, undamaged, unexpired, saleable, and in original packaging; proof of purchase required; fees may apply.
• Materials of Trade. If purchasing as “materials of trade,” you represent compliance with applicable hazardous materials rules.
• Force Majeure. We are not liable for delays or failures caused by events beyond reasonable control (e.g., acts of God, war/terrorism, labor issues, shortages, epidemics/pandemics, governmental actions, severe weather, etc.).
• Assignment. You may not assign orders or rights without our prior written consent.
• No Third-Party Benefit. These Terms confer no rights on third parties.

14. Additional Terms for Services

14.1 Limited Services Warranty

Services (if provided) will be performed in a workmanlike manner, conform to any agreed specifications, and are warranted for ninety (90) days after performance. Our re-performance or refund of amounts paid for the non-conforming portion is your exclusive remedy.

14.2 Services Disclaimer & Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES FOR SERVICES ARE DISCLAIMED. WE ARE NOT LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES RELATED TO SERVICES. Liability is limited to the amount paid for the specific services giving rise to the claim.

14.3 Services Payment; Termination; Indemnity

• Unless otherwise agreed, services are invoiced upon completion; terms net 30 days.
• Either party may terminate services on 30 days’ written notice; if you terminate, you agree to pay the greater of 10% of the quoted total project cost or the proportionate amount reflecting percentage completion.
• You will defend, indemnify, and hold harmless Caco and service providers from third-party claims for bodily injury, death, or property damage arising out of the services, except to the extent caused by our gross negligence or willful misconduct.
• Access, safety, and right to subcontract: you will provide safe access, disclose hazards, and acknowledge our right to subcontract; deliverables/advice are for your sole use (no third-party reliance without our consent).

15. Additional Terms for Export

• Order Acceptance. No order is accepted until verified by Caco at a U.S. facility or website.
• Taxes/Duties/Import Fees. You are responsible for applicable taxes, duties, licenses, and import fees unless exempt.
• Export Payment Terms. Unless otherwise agreed, export terms may be net forty-five (45) days from shipment; notify us of any liens or export financing.
• Incoterms. Default term is FCA Caco shipping location (INCOTERMS® 2020) unless we agree otherwise in writing; you are responsible for insurance.
• Export Controls. You represent you are not on U.S. restricted party lists and will comply with U.S. export/sanctions laws (OFAC, EAR, ITAR, etc.).
• FPPI & Documentation. You (or your forwarder) act as FPPI for routed transactions and manage export filings. On request, provide copies of export/shipping/import documents.
• Anti-Corruption. You will comply with anti-corruption laws (e.g., FCPA, UK Bribery Act) and will not offer anything of value to influence officials.
• Country of Importation & Anti-Diversion. You will not divert products contrary to U.S. law and will provide end-use/end-user documentation if requested.
• Permits/Licenses. You are responsible for obtaining required export/import licenses unless we expressly agree otherwise in writing.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CACO AMERICA LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE, ARISING FROM OR RELATED TO THE SITE, PRODUCTS, OR SERVICES. IN ALL EVENTS, OUR TOTAL LIABILITY IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCT OR, FOR SERVICES, TO THE AMOUNT PAID FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

17. Dispute Resolution & Governing Law

17.1 Arbitration (AAA)

Any dispute arising out of or relating to your purchase or use of our products/services or communications with us will be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules. The seat and venue of arbitration will be Miami-Dade County, Florida. You agree to bring claims only on an individual basis (no class, consolidated, or representative actions). Small claims court matters may proceed if eligible. The arbitrator may award individual relief as a court could.

Fees will be allocated per AAA rules. We will not seek attorneys’ fees/costs unless a claim is deemed frivolous. If a claim proceeds in court (e.g., IP infringement or to compel/confirm arbitration), the parties waive jury trial and agree to exclusive venue in state or federal courts in Miami-Dade County, Florida.

17.2 Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

17.3 Severability; Waiver; Entire Agreement

If any provision is held invalid, it will be severed and the remainder enforced. Failure to enforce a provision is not a waiver. These Terms (together with incorporated policies, acknowledgments, quotations, invoices, and any agreed credit terms) constitute the entire agreement and supersede conflicting terms in your purchase orders unless we expressly agree in writing.

17.4 Modification; Authorization; Order Limits

We may modify these Terms by posting updates. Your continued use after changes constitutes acceptance. You represent that your representatives are authorized to place orders and agree to these Terms. We may limit quantities per order or per customer.

18. Changes to Terms

We may update these Terms by posting a revised version on this page. Continued use of the site after such changes constitutes acceptance of the updated Terms.

19. Contact Information

Email: contact@cacoamerica.com
Call Center: +1 (800) 291-1718
Sales: +1 (305) 507-1190
Website: www.cacoamerica.com

Trademark notice: GE is a trademark of General Electric Company. Used under trademark license by Caco Abbo Internacional, S.A.