Service Metal Products Company (the “Company” or “we” or “us”) owns and operates Servicemetal.net (“Website”). Your access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services or accessing this Website, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Continued use of the Services or the Website constitutes acceptance of any updated Terms of Service. If you do not agree to the Terms of Service, please stop using the Services.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the “Linked Sites”), which are not operated by the Company. The Company has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Our privacy policy, which sets out how we will use your information, can be found HERE on our website. By using this Website, you consent to the Privacy Policy described therein and warrant that all data provided by you is accurate.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and the Company will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of the Company or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by the Company and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law, the Company and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
You may not link to our home page without the Company’s prior written consent, which may be withdrawn at any time, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement or, on the Company’s part where none exists, and you must not establish a link in such a way that would, in any manner impair the image or goodwill of the Company. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.servicemetal.net and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Company.
You agree to indemnify, defend and hold harmless The Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
The Company shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
If you breach these conditions and delay in taking action or exercising any of our rights, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
By ordering any products from the Website you agree to the Terms of Service and the following Terms of Sale. These Terms of Sale may be updated by the Company at any time, and such updates shall be effective when posted on the Website. Any sales, manufacturer, or use tax imposed by Federal, State, Municipal law, or any governmental entity, shall be added to the price paid by you and assumed by you.
Unless otherwise stated in writing by Company, delivery to you will be made F.O.B. point of shipment, all risk of loss shall pass to purchaser upon delivery to carrier.
Cancellations of orders that you have placed with the Company will be affirmed upon the written consent of the Company, which may be withheld in the Company’s sole discretion. Upon request to cancel, we will advise amount of cancellation charges, in addition to charges for dies, work in process, products produced, including machine work, etc., and all liability for raw materials, that must be paid to us by you prior to cancellation. Should you change your material specification for your order after we have ordered or received the material, you are to assume all liability for the material covered by your initial specification.
FOR A PERIOD OF ONE YEAR AFTER DATE OF SHIPMENT, EACH PIPING SYSTEM COMPONENT IS WARRANTED TO BE FREE FROM MANUFACTURING DEFECTS, AND DURING THE AFOREMENTIONED ONE YEAR PERIOD WILL BE REPAIRED OR REPLACED WITHOUT CHARGE, OR THE PURCHASE PRICE WILL BE REFUNDED, AT THE OPTION OF THE COMPANY, PROVIDED THAT THE COMPONENT MUST HAVE BEEN USED AS RECOMMENDED AND IN ACCORDANCE WITH RECOGNIZED PIPING PRACTICE, AND PROVIDED THE COMPONENT HAS NOT BEEN WORN OUT DUE TO SEVERE SERVICE OR INCORRECT APPLICATION. THIS SHALL BE THE YOUR EXCLUSIVE REMEDY FOR ANY DEFECTIVE PRODUCTIVE PURCHASED FROM THE COMPANY. YOU AGREE THAT ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE WAIVED BY YOU.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES, OR FOR EXPENSES RESULTING FROM END USE OF SUCH PRODUCTS.
IN ANY EVENT, THE COMPANY’S LIABILITY MAXIMUM LIABILITY TO YOU FOR ANY PRODUCT ORDERED ON THE WEBSITE IS LIMITED TO THE SALE PRICE OF THE PARTICULAR PRODUCT.
THE COMPANY’S LIABILITIES AS ABOVE SET FORTH SHALL NOT BE EXTENDED OR INCREASED BECAUSE OF ADVICE GIVEN BY THE COMPANY OR ITS AGENTS TO YOU IN CONNECTION WITH THE DESIGN, INSTALLATION OR USE OF ANY PRODUCT.
IN THE EVENT YOU MATERIALLY ALTER THE PRODUCT OR SUBJECTS IT TO STRESS OR ABUSE BEYOND ITS SPECIFICATIONS, THE COMPANY’S OBLIGATION TO REPAIR OR REPLACE IS HEREBY VOIDED. YOU MUST PROMPTLY NOTIFY THE COMPANY OF ANY ALLEGED DEFECT. FAILURE TO DO SO WAIVES RIGHT OF THE PURCHASER TO REPAIR OR REPLACEMENT.
You agree that claims for damages or shortages must be made within 72 Hours of your receipt of any product ordered from the Website.
For the avoidance of doubt, Machined or special buy-out orders are non-returnable.
Any inspections performed by you, regardless of result, shall be at your sole cost and expense. You have no right to inspect, test, or sample material or goods in Company’s possession.
Purchases from the Company may not be returned without the Company’s written consent.
WE RESERVE THE RIGHT TO REFUSE SERVICE AT ANYTIME!
If a cancellation or return is accepted, then a 25% Restocking Fee will apply on all material returned within 10 days.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
The Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and the Company. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by the President of the Company.
