Welcome to shop.seepex.com (the “Website”). SEEPEX Inc. (the “Company”) provides this Website and related services subject to the following terms and conditions of use and terms and conditions of sale (together, the “Website Terms”). By accessing, browsing or using this Website you agree to follow and be bound by these Website Terms and all applicable law.
TERMS AND CONDITIONS OF USE
We have adopted a Privacy Statement that you should refer to in order to fully understand how we collect and use your information.
When you visit this Website, or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Images of people, places and/or products posted on this site are either the property of the Company, or are used herein with express permission to the Company. Unless otherwise noted, all content included on this Website, including images, illustrations, designs, icons, photographs, video clips, audio clips, data compilations and written and other materials is the property of the Company or its affiliates and is protected by United States and international copyright laws. The compilation of this Website is the exclusive property of the Company and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on this site can only be made with the prior written and express authorization of the Company. For further information on how you may obtain authorization to use any materials or content on this site, please contact the Company using the contact information provided below.
All Trademarks, trade dress and service marks and their respective designs and/or logos on this Website are trademarks or registered trademarks of the Company or its affiliates. The Company’s and its affiliate’s trademarks and/or trade dress may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. All other trademarks, registered trademarks, product names and company names or logos used in this Website are the property of their respective owners. You may not use any trademarks, trade dress, service marks or intellectual property of the Company or its affiliates, nor may you place any meta tags or any other “hidden text” utilizing the Company’s or its affiliate’s names, trademarks, or product names without our express written consent.
License and Website Access
We grant you a limited license to make personal use only of the Website. Such grant does not include, without limitation: (a) any resale or commercial use of this Website or any of the contents of this Website; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the contents of this Website not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of this Website (including any Company trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Website and any of the contents of the Website; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Website or to collect any information from the Website or any other user of the Website.
Third Party Links
The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this Website, or web sites linking to this Website.
This Website is designed for and intended for use by adults. If you are under 18, you may use this Website only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Website by children, minors and others under your care. You agree to be responsible for their use of this website.
Disclaimer of Warranties and Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS AND CONDITIONS OF USE AND THE TERMS AND CONDITIONS OF SALE, THIS WEBSITE AND ALL CONTENTS OF THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS OTHERWISE PROVIDED HEREIN, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED AND/OR EXPRESS WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE AND MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THIS WEBSITE.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS WEBSITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS WEBSITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE FOREGOING DISCLAIMERS APPLY EVEN IF THE COMPANY OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THIS WEBSITE AND/OR ITS CONTENTS. BY USING THIS WEBSITE YOU EXPRESSLY AGREE THAT ALL USE YOU MAY MAKE OF THIS WEBSITE, INCLUDING ALL USE OF ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS WEBSITE, IS MADE SOLELY AT YOUR OWN RISK.
IN NO EVENT SHALL THE COMPANY, ITS PARENT OR AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRODUCTS OFFERED AND SOLD ON THIS WEBSITE OR THE USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS PARENT OR AFFILIATES (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS WEBSITE EXCEED THE LESSER OF $1,000.00 OR THE TOTAL AMOUNT YOU PAID TO THE COMPANY.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
Notwithstanding any of these Website Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this Website for any reason or no reason. Upon termination, these Website Terms will still apply.
By accessing, browsing or using this Website, you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Website Terms and any dispute of any sort that might arise between you and the Company or its affiliates. Regardless of where you access this Website, you agree that any action at law or in equity arising out of or relating to these Website Terms shall be filed and adjudicated only in the federal or state courts located in Montgomery County, Ohio and/or the Southern District of Ohio, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and the Company or any of its affiliates.
Website Policies, Modification and Severability
We reserve the right to make changes to this Website, our Privacy Statement, and these Website Terms at any time. If any of these Website Terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
This agreement constitutes the entire agreement between the user and the Company with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
If you have any questions or suggestions regarding these terms and conditions, please contact us at email@example.com.
We may also be reached via postal mail at firstname.lastname@example.org, 511 Speedway Drive, Enon, Ohio, USA 45323.
TERMS AND CONDITIONS OF SALE
Prices are F.O.B. our plant in U.S. dollars, meaning buyer assumes all responsibility for shipping, import/export and other costs. We reserve the right to correct typographical or clerical errors.
Until payment is received in full, the Company shall retain the right, without notice, to repossess and/or retain the items, and/or dispose of them, for its benefit and hold the customer responsible for any loss. Customer agrees to enter into any agreements, contracts, or notices required to confirm such rights.
In order to secure any obligations due to Company from you (whether or not under this contract) you grant to Company a security interest in (1) the merchandise covered by this contract, and (2) in all of your property and funds now or hereafter in the Company’s possession, whether or not arising out of this contract, and in all additions, accessions, and proceeds of such merchandise and/or property. You hereby authorize Company to do all and any other things which may be necessary to perfect such security interest.
No credit will be allowed for returns unless our authorization in writing for such returns has been obtained beforehand. A copy of this authorization is to be returned with the item as the packing slip.
On collect freight shipments, cartage charges from plant to carrier are for your account and will be paid for by you. Title to articles passes to you upon delivery to carrier, who shall be acting as your agent subject to any right of retention by us. All claims for shortage in, and damages in, shipment or otherwise must be reported to carrier immediately upon receipt with copy or written report to us within five (5) days.
We guarantee articles of our manufacture against defects in material and/or workmanship for a period of three (3) years from date of shipment, provided that the articles have been installed, maintained and operated in accordance with our recommendations and instructions.
Claims shall be submitted promptly in writing to Company. Replacement under guarantee shall be made F.O.B. our plant, and in accordance with these terms and conditions of sale. Our liability under these guarantees is limited to the replacement of only defective material or workmanship and in no event shall Company be liable for any loss or damage of whatever kind or nature resulting from delay or loss of use of articles, or any installation into which the article may be installed, or arising out of the contract of the work or service, or from any negligence by any person.
Company shall not be liable for any loss or damage resulting from delay and/or late delivery due to causes beyond our reasonable control. In no event shall Company be liable for any claim exceeding the amount of this order. Our guarantee on products not of our own manufacture is limited to the guarantee extended to us by the original manufacturer. On any claims for repairs and/or replacement under such guarantee, all costs incurred by us which are not underwritten by the original manufacturers shall be for your, or the claimant’s, account. Except as stated above no representations, conditions, or warranties are made with respect to products, work, or services, express or implied verbal or otherwise, including warranties of merchantability and fitness. Our guarantee and warranty shall not apply to materials or workmanship which have been subject to misuse, neglect, or accident.
Company shall be held free and harmless from any dispute or claim anywhere arising relating to infringement of patent, design, trademark, or copyright of items, sold or repaired under this contract.
Property Rights and Risk
Title to and rights in relation to products sold by Company to you shall remain with Company until such items are paid for, subject to risk on products sold passing to you upon acceptance by a carrier or other party, which shall constitute good delivery.