Product Selection and Suitability
TE-CO branded spring & ball plungers offered by Springplungers.com are obtained solely from TE-CO, a manufacturer of spring loaded devices located near Dayton, Ohio. Springplungers.com makes every reasonable attempt to ensure the quality of the products offered on this site. As these products are dynamic and versatile, Springplungers.com shall not be responsible for how products are used or installed and the product's conformance to local or regional codes or regulations. Please review the product materials and application, and relevant code, regulations or ordinances, to be certain that the product, its installation, and use will satisfy these requirements. In no event will Springplungers.com be responsible for any loss or damage arising out of Purchaser's improper selection, misapplication or misuse of a product.
Warranty
Springplungers.com warrants, for a period of one (1) year after deliver, that all Products delivered to Purchaser hereunder shall be free from any defects in material or workmanship and in conformity with any applicable specifications. Such warranty only extends to Purchaser. Purchaser shall inspect Products within a reasonable time after receipt, and shall promptly notify Springplungers.com of any claimed defect or nonconformity. Any Products determined to be defective in material or workmanship must be returned, with an invoice and/or control number to a Springplungers.com branch or authorized location, shipping costs to be prepaid by Purchaser, within the one-year warranty period. Correction shall be made or replacement products shall be delivered by Springplungers.com, unless prevented by conditions not subject to Springplungers.com's control. This warranty shall not be applicable in the event of the misapplication or misuse of the Product by Purchaser. THE FOREGOING WARRANTIES ARE IN PLACE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED AND SPRINGPLUNGERS.COM EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Disclaimer
NO WARRANTY, EXPRESS OR IMPLIED, IS MADE BY SPRINGPLUNGERS.COM, OTHER THAN WHAT IS PROVIDED IN THE ABOVE WARRANTY SECTION. SPRINGPLUNGERS.COM DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO THE MISUSE, IMPROPER SELECTION OR MISAPPLICATION OF THE PRODUCT.
Limitation of Liability
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SPRINGPLUNGERS.COM DIRECT DAMAGES EXCEED THE PURCHASE PRICE OF THE PRODUCT.
Cancellation
Springplungers.com must approve cancellation of any order prior to shipment. Any cancellation may be subject to restocking and other charges, for which the Purchaser shall be responsible.
Security Interest
Purchaser grants to Springplungers.com a priority lien, purchase money security interest in the products and any accounts receivable or cash from the resale of the products until full payment is received, with respect to any sales on open account. Purchaser shall complete and cooperate with the submission of any documents necessary to validate or enforce Springplungers.com rights hereunder.
Published Product Information
Springplungers.com reasonably attempts to maintain up-to-date and accurate pricing, availability and usage information about the products contained on its website and printed literature. However, this information is dependent upon information distributed by and obtained from the manufacturer or supplier and is subject to change at any time. Springplungers.com reserves the right to revise website and catalog information at any time, without notice, and Springplungers.com will not be responsible for any pricing errors contained therein. SPRINGPLUNGERS.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN ITS WEBSITE OR PRINTED LITERATURE.
Force Majeure
Springplungers.com will not be liable or held responsible for any delays or losses resulting, directly or indirectly from Acts of God, severe weather conditions, labor disputes, governmental actions, inability to obtain permits, licenses, raw materials or shipments of product, war, riots, shortages and any other circumstances or causes beyond our reasonable control.
Governing Law
These Terms and Conditions shall be construed, interpreted and performed according to the laws, excluding conflict of law rules, of the State of Minnesota, United States of America. Any legal action must be filed and commenced within one year after it arises. The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. The Uniform Commercial Code as adopted by the State of Minnesota will be applied, without application of any similar state or international law or treaty.
Miscellaneous
The relationship between Springplungers.com and Purchaser shall be that of an independent contractor. If any of the provisions contained herein are deemed illegal or unenforceable, such determinations shall not effect the validity of the remaining terms and conditions and the remaining terms will continue in force and effect to the fullest extent permitted under applicable law. Purchaser shall not assign any order or interest therein to another party, without the written consent of Springplungers.com.
Dispute Resolution
The parties shall exercise their best efforts to resolve by negotiation any and all disputes, controversies or differences arising out of or relating to this Agreement. All disputes, controversies or differences between the parties that are not settled by negotiation shall be decided in accordance with the Commercial Rules of the American Arbitration Association and judgment will be entered on the award. The arbitrator will be bound by the express terms of this Agreement. The site of arbitration will be a mutually agreeable location in the State of Minnesota and the arbitrator(s) will be bound by the applicable laws of the State of Minnesota.
Complete Agreement
These terms, including the Disclaimer & Legal, the Policy Notice, the Copyright & Trademark, the Terms of Registration, order forms, quotations, invoices and catalog sales terms and conditions contained in Springplungers.com's Website are incorporated by reference herein and constitute the exclusive and complete Agreement between Springplungers.com and Purchaser.
Orders Terms
All orders must be received with a cash payment or purchased through Visa or MasterCard. For approved Purchasers with established and acceptable credit, the terms of purchase are Net 30 days from date of shipment. All payments must be in U.S. Dollars. Any credit applied to the account of Purchaser must be used within one (1) year and any credits remaining after this time period will be subject to cancellation if not used or requested. If an open account Purchaser fails to make full payment within thirty 30 days from date of shipment, Springplungers.com may defer any further shipments or other orders, or cancel any portion of an unshipped order. Springplungers.com reserves the right to charge interest at the rate of 18% per annum (1.5% monthly) or at the highest rate available under applicable law, to any account balance exceeding the terms set forth herein. It is understood and agreed that Purchaser will pay, to the extent permitted under law, all reasonable costs and expenses, including attorneys fees and costs incurred by Springplungers.com in connection with any collection action for payment of the amounts due herein.
Sales Tax
Applicable state and local tax will be charged on orders, unless Purchaser provides Springplungers.com with an exemption certificate. Please note your tax-exempt status when ordering.
Freight
Unless otherwise stated with the order, Purchaser will pre-pay for any freight costs associated with the delivery of product to its destination. Any extra or additional charges or services rendered in transit or at the destination will be the responsibility of Purchaser. Title and risk of loss will pass to Purchaser upon delivery to the common carrier.
International Orders (Outside United States)
ALL VISITORS OUTSIDE OF NORTH AMERICA WISHING TO MAKE A PURCHASE MUST SUBMIT A REQUEST FOR QUOTE.
In addition to the forgoing Order terms, Purchaser represents that it is purchasing the products to be exported from the United States and importing them to the country specified in the purchase order. Purchaser agrees that the products will be shipped to that destination in compliance with the laws of such country. No re-export or diversion will occur. Purchaser will be responsible for obtaining and paying for all licenses, permits or similar governmental authorizations necessary for the exportation and importation of the product. All costs associated with exportation and importation of the product, including the selection and use of freight forwarders, will be the sole responsibility of Purchaser. At the time of Order, Purchaser agrees to inform Springplungers.com of any NAFTA or other certificates of origin or other special documentation, packaging or product marking or labeling, but Springplungers.com shall not be responsible for providing any such documentation, packaging, marking or labeling, unless expressly agreed by Springplungers.com. Purchaser acknowledges that it is not an agent of Springplungers.com and agrees to comply with the applicable provisions of the Foreign Corrupt Practices Act.
Electronic Commerce
With prior approval, Springplungers.com and Purchaser may agree to be bound by transactions performed through Springplungers.com's e-commerce Website via the issuance of purchase orders by Electronic Data Interchange (EDI), facsimile, and e-mail and such transactions will be subject to the terms and conditions contained herein. The parties acknowledge that no writing shall be required in order to make their electronic transactions legally binding, notwithstanding any contrary requirement in the law. As necessary, the parties will adopt as their signature an electronic identification to be affixed to or contained in each Document transmitted by the party. The parties will implement reasonable security procedures to ensure authorized transmissions and to protect business records and data from improper access. By performing such transactions in the forgoing manner, the parties agree that no signature will be required in order to have a legally enforceable electronic commerce transaction, which will honored to the fullest extent under law. The parties agree not to contest the validity or enforceability of Signed Documents under the provisions of any applicable laws, including any Statute of Frauds statutes, relating to whether certain agreements be in writing and signed by a party in order to be bound. Any such Signed Documents, if introduced as evidence in any legal or administrative proceeding, will be admissible as evidence to the same extent as business records, which originate and are maintained in documentary form. The provisions under this Electronic Commerce paragraph will be in addition to any other agreements entered into between Springplungers.com and Purchaser concerning electronic data interchange.
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