Terms and Conditions of Sale – for BurksPumpCatalog.com Online Product Catalog.
The items described on this web site are provided for your convenience. A legally binding contract with you will arise only when your payment for any items you order is received by us. You will be notified via e-mail of acceptance of your order at the e-mail address you provide on the electronic order form. The price for any items ordered by you through this site will be the price shown on this site at the time you place your order. In addition to the price, if a tax and/or Shipping and Handling charge is shown on the electronic order form for your order, it will also be payable by you when we accept your order. Items ordered from this site may be delivered in separate shipments. The following Terms and Conditions shall govern sales made through this site by BurksPumpCatalog.com, its subsidiaries and its authorized distributors (“Seller”).
1. Terms and Conditions of Sale: All descriptions, quotations, proposals, offers, acknowledgments, acceptances and sales of Seller’s products are subject to and shall be governed exclusively by the terms and conditions stated herein. Buyer’s acceptance of any offer to sell is limited to these terms and conditions. Any terms or conditions in addition to, or inconsistent with those stated herein, including those contained in any of Buyer’s documents or forms, are hereby objected to. No such additional, different or inconsistent terms and conditions shall become part of the contract between Buyer and Seller unless expressly accepted in writing by Seller.
2. Warranty: All of the products listed on this web site are warranted to the final buyer / user by their manufacturer. Copies of such warranties are supplied with the product or are available from the manufacturer. Most manufacturers do not warrant mechanical seal life. Typical manufacture warranties cover defects in materials and workmanship for one year. As a service, you may obtain a copy from BurksPumpCatalog.com by requesting same. SELLER MAKES NO OTHER WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND WHATSOEVER. ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR PURPOSE, WHETHER EXPRESS, IMPLIED, OR ARISING BY OPERATION OF LAW, TRADE USAGE, OR COURSE OF DEALING ARE HEREBY DISCLAIMED. NOTWITHSTANDING THE FOREGOING. Limitation Of Remedy: EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW, SELLER’S LIABILITY ARISING FROM OR IN ANY WAY CONNECTED WITH THE ITEMS SOLD OR THIS CONTRACT SHALL BE LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT OF THE ITEMS SOLD OR REFUND OF THE PURCHASE PRICE PAID BY BUYER, AT SELLER’S SOLE OPTION. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS ARISING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR ITEMS SOLD HEREUNDER, WHETHER ALLEGED TO ARISE FROM BREACH OF CONTRACT, EXPRESS OR IMPLIED WARRANTY, OR IN TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY, EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW.
3. No Warranties to consumers as defined in the Magnuson-Moss Warranty-Federal Trade Commission Act.
4. Title of purchased goods does not transfer from seller to buyer until payment of monies in full is received by BurksPumpCatalog.com office in New Jersey. Responsibility for goods is the buyer’s when purchased goods are shipped. Inspect all packages prior to receiving. File shipping damage claims with freight carrier.
5. Shipping: In order to provide you with the widest selection of products and the best service, we have established agreements with multiple manufactures across the U.S. Your orders may arrive in multiple shipments from multiple locations. This information is present to you during check-out.
6. Returns: LIKE-NEW NON-DEFECTIVE / NON-DAMAGED PRODUCTS purchased from this web site may be returned at Buyer’s cost for refund of the purchase price paid by Buyer, less original shipping charges and a possible restocking charge not to exceed 30% if deemed necessary by the product manufacturer. Returns can only be accepted on products within thirty (30) days of receipt provided such item is in good condition and is returned in the original packaging. You must obtain a Return Materials Authorization (RMA #) number from BurksPumpCatalog.com customer service. You may request one online or by calling BurksPumpCatalog.com customer service. Items for return must be in like-new condition, in original packages, with all manuals, accessories and warranty cards. We cannot under any circumstances accept gasoline-powered items for return unless their returned in their FACTORY-SEALED original container. Some manufactures may-not allow the return or non-warranty items. Because BurksPumpCatalog.com distributes products from various manufactures, it is important that any returned product goes back to the manufacturer of that product. Therefore, you may be given separate RMA #s covering separate products going to separate manufactures. Only products with valid RMA #s and within 15 days of their issue will be accepted. You will be notified by email or fax of your RMA #. Items which are found to be covered under warranty will be repaired or replaced and returned pre-paid to your location by ground shipping.
7. Payment Terms for business credit are net 30 day, payable by company check, money order, credit cards or cashier’s check in U.S. dollars only. Personal checks are not accepted unless the business credit is established in the name on the check. There will be a $25 charge for all returned checks. A finance charge of 1.5 percent per month will be charged for payments received after the due date. If an account balance is delinquent or in default, we may not authorize a purchase and we, at our discretion, may cancel the business credit account. We may report to credit reporting agencies and other creditors the status and payment history of your business credit account. Your order contains stock or non-stock (which are custom ordered for you) items, therefore your purchase is charged to your credit card at the time your order is placed.
8. Sales Tax is only collected on purchases shipped to New Jersey, except when we have a valid tax exemption certificate on file. Unless otherwise indicated, all prices and charges are exclusive of excise, sales, use, property, occupational or like taxes which may be imposed by any taxing authority upon the manufacture, sale or delivery of the items sold hereunder. If any such taxes must be paid by Seller or if Seller is liable for the collection of such tax, the amount thereof shall be in addition to the amounts for the items sold. Buyer agrees to pay all such taxes or to reimburse Seller therefore upon receipt of its invoice. If Buyer claims exemption from any sales, use or other tax imposed by any taxing authority, Buyer shall save Seller harmless from and against any such tax, together with any interest or penalties thereon which may be assessed if the items are held to be taxable. Please see the BurksPumpCatalog.com web site for form or call our accounting department.
9. Prices on the BurksPumpCatalog.com web site are uploaded from the manufacturers’ price list and may have a typographical error. BurksPumpCatalog.com shall have the right to refuse or cancel any orders placed for a product listed at an incorrect price. BurksPumpCatalog.com will inform you directly.
10. Codes and Regulations Governing Product Suitability: Buyer is responsible for complying with any applicable federal, state or local codes and regulations concerning application, construction, installation and/or use of any items sold hereunder. Seller does not guarantee and is not responsible for how items sold hereunder are installed or used.
11. Changes, Reschedules and Cancellations: Buyer may request to modify the designs or specifications for the items sold hereunder as well as the quantities and delivery dates thereof, or may request to cancel all or part of this order, however, no such requested modification or cancellation shall become part of the contract between Buyer and Seller unless accepted by Seller in a written amendment to this Agreement. Acceptance of any such requested modification or cancellation shall be at Seller’s discretion, and shall be upon such terms and conditions as Seller may require.
12. Force Majeure: Seller does not assume the risk of and shall not be liable for delay or failure to perform any of Seller’s obligations by reason of circumstances beyond the reasonable control of Seller (hereinafter “Events of Force Majeure”). Events of Force Majeure shall include without limitation, accidents, acts of God, strikes or labor disputes, acts, laws, rules or regulations of any government or government agency, fires, floods, delays or failures in delivery of carriers or suppliers, shortages of materials and any other cause beyond Seller’s control.
13. Entire Agreement/Governing Law: The terms and conditions set forth herein, together with any amendments, modifications and any different terms or conditions expressly accepted by Seller in writing, shall constitute the entire Agreement concerning the items sold, and there are no oral or other representations or agreements which pertain thereto. This Agreement shall be governed in all respects by the law of the State of NJ. No actions arising out of the sale of the items sold hereunder or this Agreement may be brought by either party more than two (2) years after the cause of action accrues.
CONDITIONS OF USE AND TERMS OF SERVICE COPYRIGHT.
Copyright © 2009 BurksPumpCatalog.com All rights reserved. The content of this web site may not be copied, replaced, distributed, published, displayed, modified, or transferred in any form or by any means except with the prior permission of BurksPumpCatalog.com Copyright infringement is a violation of federal law subject to criminal and civil penalties.
LIMITATION OF WARRANTY.
The data and information contained in this web site are believed to be accurate, BUT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In no event shall BurksPumpCatalog.com, Inc be liable for any damages of any kind whatsoever, including any special, indirect, or consequential damages, relating to the use of this site except as otherwise limited by applicable law. BurksPumpCatalog.com recommends only those applications for its products that are specified in its catalogues or other company literature, and hereby disclaims any liability for uses other than those specified. The products are warranted, if at all, only according to their terms and conditions of sale and their OEM warranties.
LINKS TO THIRD PARTY SITES. Any links provided herein may allow the user to leave this site. The linked sites may not be under the control of BurksPumpCatalog.com and BurksPumpCatalog.com shall not be responsible for the content of any linked site or link contained in a linked site. BurksPumpCatalog.com may provide these links as a convenience only, and the inclusion of any link does not imply an endorsement by BurksPumpCatalog.com of that site. USER ACCESS.
BurksPumpCatalog.com may at any time, in its sole discretion: (1) revoke the access of any user to this Site; (2) modify, change, withdraw, or delete this site and/or any of these conditions of use in whole or in part.
” BurksPumpCatalog.com ” and/or other BurksPumpCatalog.com names or products referenced herein are either trademarks or registered trademarks of BurksPumpCatalog.com Other product or company names mentioned herein may be the trademark of their respective owners.
Any software (“Software”) that may be made available to download from the server of this Site may be the copyrighted work of BurksPumpCatalog.com and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly PROHIBITED by law. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW AND EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, BurksPumpCatalog.com HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
15. LICENSE TO BurksPumpCatalog.com By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting BurksPumpCatalog.com and its affiliated entities a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: 1. Use, copy, sublicense, adapt, transmit, retransmit, distribute and/or publicly perform or display any such communication. 2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, patent laws or the law of ideas under any relevant jurisdiction.
BurksPumpCatalog.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION. COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BurksPumpCatalog.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW, IN NO EVENT WILL BurksPumpCatalog.com OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING BurksPumpCatalog.comSOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE BurksPumpCatalog.com SOFTWARE OR SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE BULLETIN BOARDS. This service may include bulletin boards and chat rooms (“bulletin boards”) which allow feedback to BurksPumpCatalog.com and real-time interaction between users. BurksPumpCatalog.com does not control the messages, information or files delivered to bulletin boards. It is a condition of your use of the bulletin boards and this site that you do not: 1. Restrict or inhibit any other user from using and enjoying the bulletin boards. 2. Post or transmit any unlawful, anticompetitive, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law. 3. Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivation works with respect thereto, without first obtaining permission from the owner or right holder. 4. Post or transmit any information, software or other material which contains a virus or other harmful component. 5. Post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising, other than for the business purposes of BurksPumpCatalog.com and its affiliates. You understand that BurksPumpCatalog.com has no obligation to monitor or edit the content of the bulletin boards. However, BurksPumpCatalog.com reserves the right at all times to disclose any information posted by you or any other user as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in BurksPumpCatalog.com’s sole discretion are objectionable or in violation of these terms and conditions.
LIMITATION OF LIABILITY.
Under no circumstances, including, but not limited to, negligence, shall BurksPumpCatalog.com, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use BurksPumpCatalog.com materials. You specifically acknowledge and agree that BurksPumpCatalog.com is not liable for any defamatory, anti-competitive, offensive, or illegal conduct of any user. If you are dissatisfied with any BurksPumpCatalog.com material, or with any of BurksPumpCatalog.com’s terms and conditions, your sole and exclusive remedy is to discontinue using the site.
This agreement is effective until terminated by BurksPumpCatalog.com at any time without notice. In the event of termination, you are no longer authorized to access the bulletin boards, and the restrictions imposed on you with respect to material downloaded from the bulletin boards, the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
You agree to defend, indemnify and hold harmless BurksPumpCatalog.com, its parents, affiliates, licensees and their respective directors, officers, employees and agents from and against all liabilities, claims, damages, and expenses, including attorneys’ fees, arising out of your use of the site, or your violation or alleged violation of the terms of this Agreement.
This agreement shall be governed by and construed in accordance with the laws of the State of NJ without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Trademarks are registered by their respective companies including but not limited to Teflon®, Neoprene®, Tefzel®, Delrin®, Hypalon® and Viton® Dupont, Hastelloy® Haynes, Ryton® Phillips, Halar® Ausimont, Kynar® Atochem, Noryl® General Electric, UltraChem® and Vertimag® Finish Thompson, Chemsteel® and Geariron® Oberdorfer.