Please read this
agreement carefully before accessing this web site. By
accessing the site, or by placing an order through any
means, you agree to be bound by the terms and conditions
below. If you do not wish to be bound by these terms and
conditions, you may not access or use this site or place
an order through any means.
THE INFORMATION ON THIS PAGE IS SUBJECT TO CHANGE
WITHOUT NOTICE. YOU MUST REVISIT THIS PAGE OFTEN TO
LEARN OF CHANGES.
Your use of this site or your placement of an order
through any means following any such change constitutes
your agreement to follow and be bound by the Terms of
Use as changed.
All the content on this site is the property of HB
Sealing Products Inc. All rights reserved. Website Usage
Restrictions.
You may download and/or copy portions of the content
for personal, non-commercial use only, provided that you
a) retain all copyright, trademark or other proprietary
notices contained on the content, b) do not modify or
alter the content in any way and c) do not make content
available to any third party. Hercules Sealing Products
reserves complete title and full intellectual property
rights in any content that you download from this
Website.
You agree to use this Website only for lawful
purposes. The following are included, but not limited
to, in strictly prohibited actions: i) misrepresenting
the identity of a user; ii) tampering in any way with
this Website; and iii) conducting any type of fraudulent
activity.
BACKORDERS
Backorders will ship as ordered and additional
freight charges will apply. Cancellation of backorders
must be requested at the time of order to prevent
additional freight charges. All backorders less than
$5.00 will be automatically canceled unless specified
otherwise by the customer at the time of order.
CREDITS
Our payment terms for all open accounts are NET 30
days. Accounts outstanding over 30 days are reviewed
daily. All accounts that reach 30 days past due (60 days
from invoice date) will be automatically changed to a
COD account until the past due amounts are paid. At 45
days past due (75 days from invoice date) all orders and
backorders will automatically be put on credit hold
until full payment is received.
RETURNS
Before you return any item, please call our customer
service desk to obtain a Return Material Authorization
(RMA) Number. Returned shipments without a Returned
Material Authorization (RMA) number will be rejected.
Our Receiving Department cannot accept a return without
an RMA Number. Parts must be returned within 30 days of
receipt of goods. Returned items are subject to a 20%
restocking charge. All returns are subject to inspection
by our Quality Control Department and may be rejected if
not in resalable condition. Special order items are
non-returnable.
ORDER CANCELLATIONS
Orders for Standard Cataloged Products will not be
canceled once processed. All custom supplied,
non-cataloged products can not be canceled. Additional
cancellation charges may apply.
EXCLUSION OF WARRANTIES;
LIMITATIONS OF DAMAGES
EXCEPT AS PROVIDED IN THE NEXT SECTION (TITLED
HERCULES BRAND PRODUCTS CYLINDER WARRANTY") ANY
WARRANTIES ON THE PRODUCTS SOLD BY H B SEALING PRODUCTS
ARE THOSE MADE BY THE MANUFACTURER. EXCEPT AS PROVIDED
IN THE "HERCULES BRAND PRODUCTS CYLINDER WARRANTY", H B
SEALING PRODUCTS HEREBY EXPRESSLY DISCLAIMS ALL
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. H B SEALING PRODUCTS NEITHER ASSUMES
NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY
LIABILITY IN CONNECTION WITH THE SALE OF ITS PRODUCTS.
IN NO EVENT SHALL H.B. SEALING PRODUCTS BE LIABLE TO
BUYER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL
DAMAGES, INCLUDING (WITHOUT LIMITATION) LOST PROFITS,
COSTS OF DELAY, PERSONAL INJURY, PROPERTY DAMAGE OR
LIABILITIES TO BUYER OR THIRD PARTIES ARISING FROM ANY
SOURCE. THIS LIMITATION ON DAMAGES SHALL APPLY TO ALL
PRODUCTS SOLD BY H B SEALING PRODUCTS, INCLUDING
HERCULES BRAND PRODUCTS CYLINDERS. IN THE EVENT, THAT,
NOTWITHSTANDING THE TERMS OF THIS SECTION, H.B. SEALING
PRODUCTS IS FOUND LIABLE FOR DAMAGES BASED ON ANY DEFECT
OR NONCONFORMITY IN PRODUCTS SOLD BY IT, INCLUDING
HERCULES BRAND PRODUCTS CYLINDERS, ITS TOTAL LIABILITY
FOR EACH DEFECTIVE OR NONCONFORMING PRODUCT SHALL NOT
EXCEED THE PRICE PAID BY BUYER FOR SUCH DEFECTIVE
PRODUCT.
HERCULES® BRAND PRODUCTS
CYLINDER WARRANTY
H B Sealing Products herein supplies a limited
express warranty to its buyers who purchase standard or
custom Hercules Brand Products Cylinders ("Cylinders").
H B Sealing Products warrants that such Cylinders are
free from defects in material and workmanship for a
period of 12 months from the date the Cylinders are
shipped from H B Sealing Products’ facility. H B Sealing
Products will repair or replace, at its sole option,
Cylinders that are found to be defective in material or
workmanship upon inspection by H B Sealing Products
personnel when the Cylinders have been used under
conditions for which the Cylinders were designed to
operate. No warranty will be in effect for any of the
following reasons:
- Chemical attack, corrosion or erosion;
- Non-compatible or dirty hydraulic fluid;
- Seal degradation due to contamination (including
hydraulic fluids), excessive heat or misapplication;
- Excessive side loading;
- Maintenance or disassembly of the cylinder if
performed by anyone other than H B Sealing Products
personnel without H B Sealing Products’ permission,
prior to the date of warranty expiration;
- Removal of the H B Sealing Products ID tag
indicating bore, stroke, and other information
concerning traceability; or
- Instances of improper installation or
misapplication of the Cylinders.
Due to the variety of operating conditions and
applications for the Cylinders and H B Sealing Products’
related products, H B Sealing Products recommends that
Buyer analyze all aspects of the application and
carefully select the correct cylinder product to fit the
buyer's application. Buyer is solely responsible for the
cylinder product selection in assessing that all
performance, safety and warning requirements of the
application are met. IMPROPER CYLINDER PRODUCT
SELECTION, MISAPPLIED ENGINEERING OR IMPROPER USE OF THE
CYLINDERS AND RELATED PRODUCTS DESCRIBED HEREIN MAY
CAUSE DEATH, PERSONAL INJURY AND /OR PROPERTY DAMAGE. H
B Sealing Products does not imply or represent that the
Cylinders will work properly in any customer
application. No sales agent of H B Sealing Products
shall have the right to determine warranty periods,
terms or conditions for Cylinders if such statements by
the sales agents are different from those included
herein. Buyer understands that H B Sealing Products will
not be held liable for any other costs or damages
including any charges for removal, installation,
assembly or any other charges in connection with the
replacement or repair of the Cylinders. All returned
products must have, before being returned to H B Sealing
Products, an "RMA" (return material authorization)
number assigned to it by H B Sealing Products’ customer
service department.
THE WARRANTY STATED IN THIS SECTION IS H.B. SEALING
PRODUCTS' SOLE AND EXCLUSIVE WARRANTY PERTAINING TO THE
CYLINDERS, AND H.B. SEALING PRODUCTS HEREBY DISCLAIMS
ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE FOR THE CYLINDERS.
Communications with
Hercules Sealing Products
We welcome your comments regarding this site.
However, comments, feedback, notes, messages, ideas,
suggestions or other communications transmitted to
Hercules Sealing Products will be treated as
non-confidential and nonproprietary. All communications
to Hercules Sealing Products become the exclusive
property of Hercules Sealing Products and you agree that
by transmitting any communication you relinquish all
rights and interests in same.
Proprietary Rights
All product names, logos, trademarks, as well as
other marks and trade names on this Website are the
properties of Hercules Sealing Products. You may not
use, reproduce, copy or manipulate such logos in any
manner without the prior written consent of the owner.
The entire contents of this Website, including but not
limited to text, images, music, sound, photographs,
video, illustrations, icons, graphics, headers, data,
information, and software (collectively, ěContentî) are
subject to copyright, trademark, or other proprietary
rights or licenses held by. All content is copyrighted
as a collective work under the U.S. and international
copyright laws and Hercules Sealing Products owns, to
the fullest extent allowed by such law, the copyright in
the arrangement, coordination, enhancement and selection
of such Content or this Website. Except as provided in
this agreement, you may not distribute, publish,
transmit, reuse, repost, ěand frameî the Content in any
manner or sell or attempt to sell the Content.
Accuracy and Content
Hercules Sealing Products works hard to ensure that
the content provided is accurate and up-to-date but due
to the risk that the information may be compromised by
software or procedural errors, Hercules Sealing Products
does not guarantee the accuracy or completeness of the
information provided on this site or in any Hercules
Sealing Products documentation. Hercules Sealing
Products reserves the right to correct any errors,
inaccuracies or omissions and to change or update
information at any time without prior notice (including
after you have submitted your order). Please note that
such errors, inaccuracies or omissions may relate to
product description, pricing and availability. Photos
may vary. Pricing and shipping & handling rates are
subject to change without notice. We apologize for any
inconvenience this may cause you.
Hercules Sealing Products does not warrant the
accuracy, integrity or completeness of the content
provided in this Website or in any Hercules Sealing
Products advertisement, including any advice or other
similar information obtained by you from us though this
Website or in any Hercules Sealing Products
advertisement. Hercules Sealing Products makes no
representation that the content provided in this Website
or in any Hercules Sealing Products advertisement is
applicable or appropriate for use in locations outside
the United States.
Personal Account
If you use this site, you are responsible for
maintaining the confidentiality of your account and
password and for restricting access to your computer,
and you agree to accept responsibility for all
activities that occur under your account or password.
Shipping - Risk of Loss
All items purchased from Hercules Sealing Products
are made pursuant to a shipment contract. This means the
risk of loss and title for such items pass to you upon
our delivery to the carrier. Hercules Sealing Products
is not responsible or liable for any damage arising from
shipment.
Severability
The Terms and Conditions constitute the entire
agreement between you and Hercules Sealing Products with
respect to this Website, Hercules Sealing Products
catalog or any type of Hercules Sealing Products
advertisement. The Terms and Conditions supercede all
prior or contemporaneous communications and proposals,
whether electronic, oral or written between you and
Hercules Sealing Products with respect to this Website,
Hercules Sealing Products catalog or any type of
Hercules Sealing Products advertisement. No modification
of the Terms and Conditions shall be effective unless it
is authorized in writing by Hercules Sealing Products.
If any provision of the Terms and Conditions is found to
be contrary to law, then such provision(s) shall be
constructed in a manner to closely reflect, as much as
possible, the intentions of the parties, with the other
provisions remaining in full force and effect If any of
these conditions shall be deemed invalid, void, or for
any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and
enforceability of any remaining condition.
Choice of Law
By use of this Website, Hercules Sealing Products
catalog or any type of Hercules Sealing Products
advertisement, you agree that the laws of the State of
Florida, without regard to principles of conflict of
laws, will govern these Terms and Conditions and any
dispute of any sort that might arise between you and
Hercules Sealing Products. |