Terms & Conditions
READ THIS DOCUMENT IT PERTAINS TO YOUR ORDER SHIPPING, WARRANTY RETURNS, CANCELLATIONS & Prop 65 Warning.
CALL ANYTIME TO CLARIFY ANY TERMS OF SALE WITH A SALES REP 800-810-1053
Terms and Conditions of Sale - for Manufacturers Edge Inc., PumpCatalog.com™.
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 PumpCatalog.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. At any time, prices are subject to change as manufacturer’s increase their price.
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 manufacturer's warranties cover defects in materials and workmanship for one year. As a service, you may obtain a copy from PumpCatalog.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 . AT THE TIME OF THE WARRANTY IF THERE HAS BEEN A PRICE INCREASE BY THE MANUFACTURER ..THE DIFFERENCE IS THE RESPONSIBILITY OF THE PURCHASER. 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.
This warranty excludes:
A. Labor, freight and related costs incurred by the customer to make the allegedly defective equipment available to Pumpcatalog.com/Manufacturers Edge, Inc. or its authorized service center for inspection.
B. Reinstallation costs of repaired equipment.
C. Reinstallation costs of replacement equipment.
D. Reimbursement for loss caused by interruption of service.
E. Pump out charges
F. Consequential damages of any kind
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 PumpCatalog.com™. office in New Jersey. Responsibility for goods is the buyer’s when purchased goods are shipped. Buyer must Open and Inspect all packages prior to receipt. We are not responsible for Damages once the Item is signed for. 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 order may arrive in multiple shipments from multiple locations. This information is presented to you during check-out. If there are any special shipping instructions that we are not made aware of at time of sale, you hereby authorize us to charge your credit card for any additional charges we incur as a result. We will submit to you via email proof of any such charges at the time the additional charge is incurred.
Small Package And Freight Deliveries and deliver corrections:
Any delivery corrections due to wrong information from the customer at time of order will be charged back to the customer credit card. This includes all residential deliveries and special deliveries ..i.e Military bases, Schools Construction sites …ect
NOTE: We are not responsible for packages left at residential addresses by any carrier. If you have a residential address you must file a claim on your own to the carrier. Please notify us if you address is residential and we can suggest alternatives.
Truck Shipment Terms (Order shipments that must ship via truck):
IF YOU SHIP FREIGHT COLLECT THE GOODS ARE OWNED BY THE CUSTOMER ONCE THE FREIGHT LEAVES OUR DOCK AND WE ARE NOT RESPONSIBLE FOR ANY SHIPPING DAMAGES OR CORRECTIONS IN ADDRESS OR RE DELIVERY CHARGES.
ONCE ANY FREIGHT LEAVES OUR DOCK WE WILL SEND TRACKING BUT ARE NOT RESPONSIBLE FOR NOTIFYING THE RECEIVER WHEN THE DELIVERY WILL ARRIVE. NORMAL DELIVERY HOURS ARE 8AM TO 5PM EST SOMEONE MUST BE AVAIL TO RECEIVE THE GOODS. IF THERE IS A RE DELIVERY CHARGE BECAUSE NO ONE IS ABLE TO RECEIVE THE GOODS. THE GOODS WILL NOT RELEASED UNTIL THE CUSTOMER PAYS THE CHARGE ….AND IF THE CUSTOMER REJECTS THE SHIPMENT THEY ARE SUBJECT TO OUR RESTOCK FEES LISTED IN THIS DOCUMENT.
The quoted shipping charges are for standard truck shipment to a dock designated to receive freight. Someone must be present to receive truck shipments. Shipments that require a call prior to delivery/24-hour notification, liftgate, inside delivery and/or residential delivery will incur additional charges.
ALL SHIPMENT BOL’S WILL HAVE WEIGHT AND NUMBER OF PACKAGES ON THE SKID. IF YOU SIGN FOR DELIVERY BE SURE TO COUNT THE PACKAGES ...WE ARE NOT RESPONSIBLE FOR THE FREIGHT ONCE THE CUSTOMER SIGNS FOR IT. ALL PACKAGE FREIGHT AND SMALL PACKAGE MUST BE OPENED AND INSPECTED WITH 48 HOURS. WE ARE NOT RESPONSIBLE FOR DAMAGES TO GOODS AFTER DELIVERY. ALSO NOT RESPONSIBLE FOR DAMAGES FOR GOODS SHIPPED TO A 3RD PARTY ONCE CUSTOMER RECEIVES.
Orders Entered on Pumpcatalog.com (PC) or Paid Online
Any orders entered on PC or Quotes sent via email and paid online, that are incorrect and not cancelled or corrected by 5PM of the order day will be charged 3% to cancel the order and refund the payment your credit card. The order day starts at 12AM
FOB Shipping Points (Free on Board Shipping Point). Manufacturers Edge is not responsible for any taxes, customs duties or additional fees incurred on any international shipment.
FOB points are determined by stock levels at several warehouse locations. We do not guarantee shipping points on any of the products on Pumpcatalog.com. If you need exact FOB point you must call 866-763-8244 and talk to a customer service representative.
Manufacturer Recommended Shipping Method
Pumpcatalog or the Manufacturer that is shipping the pump may determine the best way to ship the pump to the customer. If the customer insists on using their method of shipping I.E (UPS,USPS,FEDEX) or any other domestic PARCEL Service over the recommended shipping method, THE CONSIGNEE (purchasing customer) owns the freight once it leaves the dock. The consignee will be responsible for filing the claim with the carrier and taking the loss if the carrier does not pay the claim
UPS Additional Handling - 70+ lb Packages (Service Time In Transit Not Guaranteed)
In the tariff for UPS and other small package carriers once a package requires additional handling (70 lbs) the service time in transit is not guaranteed because it requires additional personnel. It is any service from ground to air, usually you do not see the delays with ground because there is more time/people that move the packages. With NDA and other air services there is more often delays due to capacity issues and if the center is behind they do not have the extra hands. That is standard for all small package carriers, what some customers do it split a shipment into 2 packages to ensure they arrive on time if together one package would be over 70 lbs or they ship out one extra day early.
Special Orders & Expedited Orders:
ANY SPECIAL OR EXPEDITED ORDERS FROM THE FACTORY THAT ARE CANCELLED OR NOT PICKED UP BY THE CUSTOMER ARE SUBJECT TO UP TO A 50% RESTOCK FEE NO EXCEPTIONS
6. Returns: LIKE-NEW NON-DEFECTIVE / UNDAMAGED PRODUCTS purchased from this web site may be returned at Buyer's cost for partial refund of the purchase price paid by Buyer, less original shipping charge originally billed and any returned shipping costs incurred by Pumpcatalog.com. Returns must be in original packaging under the following conditions: ALL RETURNS ARE GOVERNED BY THE ORIGINAL MFG OF THE GOODS. STOCK ITEMS FOR PUMPCATALOG.COM WE BILL ACCEPTED AT A DISCRETIONARY RESTOCK FEE BY PUMPCATALOG.COM AT THE TIME OF RETURN. DEPENDING ON PRODUCT RESTOCK FEES CAN RANGE FROM 0%-100%.
Once an item is ordered and paid for it will be a considered a RETURN from that point forward.
THE FOLLOWING IS A BASELINE FOR ALL RETURNS BY MANUFACTURER AND CAN CHANGE AT ANYTIME WITHOUT NOTICE …PARTS OTHER THAN PUMPCATALOG.COM STOCK ARE NOT RETURNABLE
- All products that are classified as Explosion Proof (XP) cannot be returned.
- Mechanical Seals and O rings cannot be returned.
- Specialty pumps are NON-RETURNABLE.
- NO RETURNS ON PARTS.
- NO RETURNS Accepted for Any and All Items Unused and Unopened after 30 Days from Receipt of Order.
NOTE: If you refuse delivery on an item without authorization the return will not be accepted.
Delivery Dates Are Not Guaranteed (Unless specified in writing). IF YOU NEED A GUARANTEED DELIVERY DATE PLEASE CALL 800-810-1053
We will not refund any freight based upon weather delays, holidays or anticipated disruptions posted by any Parcel or freight company. I.E (A UPS RED AM not showing up on time.. due to a weather delay).
In the event of a Refund, the buyer will only be refunded the amount of the item at time of purchase, not current present day cost.
Residential addresses are not guaranteed. Trucking and shipping companies may require an appointment and MFG is not responsible for late shipments due to shipping companies.
DUPLICATE ORDERS - We are note responsible for duplicate orders on pumpcatalog.com and there will be a Restock Fee to return them.
All returns including Refusal of shipments are subject to restock fees.
AMPCO: 25% RESTOCK FEE ON ALL PUMPS
AMT: 25% RESTOCK FEE ON ALL PUMPS
ARO: ALL PUMP RETURNS VARY 0-100%
BALDOR: No Returns
BARNES: 25% RESTOCK FEE ON ALL PUMPS
BERKELEY: UP TO 50% RESTOCK FEE ON PUMPS
BURKS: 25% RESTOCK FEE ON ALL PUMPS
FINISH THOMPSON: 25% RESTOCK FEE ON ALL PUMPS
GOULDS: 30% TO 100% RESTOCK FEE ON ALL PUMPS. (Specialty Pumps may not be returnable)
GRUNDFOS: 30% RESTOCK FEE
HYDROMATIC: NO RETURNS
LMI: 35% RESTOCK FEE
LUTZ: 25% RESTOCK FEE
MARCH: 25% RESTOCK FEE
MP: 25% RESTOCK FEE
MYERS: NO RETURNS
MTH: 25% RESTOCK FEE
OBERDORFER: 15% TO 25% RESTOCK FEE DEPENDING ON PRODUCT - NO RETURNS
PACO: PUMPS/IMPELLERS NOT RETURNABLE …SOME PARTS 15% RESTOCK FEE
PULSAFEEDER: 50% RESTOCK FEE
STA-RITE (Hydromatic): UP TO 50% RESTOCK FEE DEPENDING ON PUMP
WALCHEM: 25% RESTOCK FEE
WEINMAN: Custom Engineered Products Not Returnable.
WARREN RUPP: NO RETURNS
YAMADA: 25% RESTOCK FEE
Disclaimer: Specialty Pumps May NOT be Returnable.
IF YOU ARE UNSURE ABOUT WHAT YOU ARE PURCHASING PLEASE CALL US AT 800-810-1053 AND WE WILL VERIFY YOUR PURCHASE
WE WILL DO EVERYTHING POSSIBLE TO FACILITATE A RETURN TO SERVICE OUR CUSTOMERS BUT WE ARE LIMITED TO THE POLICIES OF THE MANUFACTURERS…
Shipping Errors or Damage: If you are dissatisfied with your purchase due to a shipping error, missing item you may qualify for a return or exchange under PumpCatalog.com's Return Policy, PumpCatalog.com may offer to pick up your return. Please call us at 1-800-810-1053 within three days of receiving the item to report the error or damage.
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 nonstock (which are custom ordered for you) items, therefore your purchase is charged to your credit card at the time your order is placed. If you are on Credit Card terms (shown on your quote an invoice) we reserve the right to charge your card for all balances owed. If you are on credit card terms and file your card with us we will charge the card on file (API compliant). If you apply for Net 30 terms after being on credit card terms we reserve the right to charge your card on file for the balances owed over 60 days.
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 PumpCatalog.com™. web site for form or call our accounting department.
9. Prices on the PumpCatalog.com™. web site are uploaded from the manufacturers’ price list and may have a typographical error. PumpCatalog.com™. shall have the right to refuse or cancel any orders placed for a product listed at an incorrect price. PumpCatalog.com™. will inform you directly. Part number selection is the responsibility of the customer. If an incorrect selection is made by the customer, they are responsible for factory restock charges listed in this document. We are not responsible for OEM (Original Equipment Manufacturers) part numbers that a customer requests and do not fit their equipment. If you have a pump on an OEM’s equipment please refer back to them. If it is ordered from MFG edge or PC.com and the pump is incorrect the customer will be responsible for any factory re-stock charges.
Part number selections on Pumpcatalog.com are the responsibility of the customer
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 the buyer contacts the seller at 800-810-1053 opt 2 and obtains a cancellation number. 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.
NO cancellations on Mechanical seals, Impellers or any other parts once the order is placed on Pumpcatalog.com it cannot be canceled via email. We will consider cancellations that are not shipped yet but they must be phoned into 866-763-8244 Option 2 with a valid PC order number. Once a call is received a cancellation notice will be emailed to you once we approve. We reserve the right to refuse any cancellation
- NO EMAIL CANCELLATIONS WILL BE ACCEPTED
- REFUSAL OF SHIPMENT DOES NOT CONSTITUTE A REFUND ONCE ITEM IS SHIPPED THE SALE IS COMPLETE.
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 PumpCatalog.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 PumpCatalog.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 PumpCatalog.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. PumpCatalog.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.
We are not responsible for the application of the pump.
We are providing recommendations based on the information from the customer.
We are providing application assistance only.
The customer, with knowledge of both chemical and operating conditions, is responsible for the final selection of materials.
No recommendation or guarantee of resistance is made or implied by the material choice.
The final responsibility for providing the selection of materials lies with the customer, just as with all specified job conditions.
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 PumpCatalog.com™. and PumpCatalog.com™. shall not be responsible for the content of any linked site or link contained in a linked site. PumpCatalog.com™. may provide these links as a convenience only, and the inclusion of any link does not imply an endorsement by PumpCatalog.com™. of that site.
PumpCatalog.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.
"PumpCatalog.com™." and/or other PumpCatalog.com™. names or products referenced herein are either trademarks or registered trademarks of PumpCatalog.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 PumpCatalog.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, PumpCatalog.com™ INC. 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 PumpCatalog.com™ By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting PumpCatalog.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.
16. Credit Card Cancellations: There will be a standard 3% cancellation fee. The fee will be applied to the total amount charged. Refunds for cancelled orders will be processed within 3 business days, less the assessed fee. If your order has shipped other fees may apply.
PumpCatalog.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 PumpCatalog.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 PumpCatalog.com™. OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING PumpCatalog.com™.SOFTWARE, 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 PumpCatalog.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 PumpCatalog.com™. and real-time interaction between users. PumpCatalog.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 PumpCatalog.com™. and its affiliates. You understand that PumpCatalog.com™. has no obligation to monitor or edit the content of the bulletin boards. However, PumpCatalog.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 PumpCatalog.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 PumpCatalog™.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 PumpCatalog™.com. materials. You specifically acknowledge and agree that PumpCatalog™.com. is not liable for any defamatory, anti-competitive, offensive, or illegal conduct of any user. If you are dissatisfied with any PumpCatalog™.com. material, or with any of PumpCatalog™.com.’s terms and conditions, your sole and exclusive remedy is to discontinue using the site.
This agreement is effective until terminated by PumpCatalog™.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 PumpCatalog™.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.