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Terms & Conditions

Terms & Conditions applicable to all goods purchased using this website

Please read these Terms and Conditions (the “Terms”) carefully. The Terms contain very important information about your rights and obligations, as well as limitations and exclusions that apply to you with respect to all goods purchased using this Website.

1. Offer to Provide Goods. The Terms apply to all purchases by you of any goods listed for sale by PMC Stone Inc. (“Seller”) on this website. By using this website to purchase goods from Seller, you agree to be bound by and accept these Terms.

2. Entire Agreement. The Terms contain the entire agreement between Purchaser and Seller with respect to the goods purchased on this website and the Terms supersede any previous or contemporaneous agreements, arrangements, communications or negotiations, whether oral or written, between the parties. Reference to any proposal or purchase order of Purchaser will not in any way modify the Terms and no such reference shall be incorporated into the agreement between Purchaser and Seller.

3. Orders are Final. Purchaser’s order of Seller’s goods on Seller’s website is not complete until Purchaser’s payment has been verified. Once Purchaser’s order has been completed, Purchaser cannot cancel such order except upon terms specifically agreed to by Seller that will fully compensate Seller against loss, including reasonable charges for re-stocking, administrative, supervisory and overhead expenses.

4. Prices and Taxes. Unless otherwise stated, the prices quoted anywhere on this website are F.O.B. Seller’s address and do not include any shipping or handling charges or applicable sales taxes. If delivery is to an Illinois location, Seller will charge applicable Illinois sales taxes unless Purchaser provides a copy of a valid Illinois Reseller’s certificate and certifies to Seller that the products are for resale to Purchaser’s customers.

5. Delivery. Dates of shipment and/or delivery noted in Seller’s confirmation of Purchaser’s order of goods are estimates and are not guaranteed. Seller is not liable for any delay of delivery of goods caused by or related to acts or failure to act of any third party common carrier.

6. Risk of Loss. Risk of loss for any goods purchased using this website becomes Purchaser’s upon placement of the goods with a third party common carrier.

7. Inspection/Returns. Purchaser shall inspect all goods within ten (10) days after delivery, for patent defects or other noncompliance with specifications. If Purchaser determines that goods are defective or otherwise noncompliant, Purchaser may request replacement of the noncompliant goods or credit for the price charged by Seller. Return of defective or noncompliant goods will be at Seller’s expense.

8. Warranties, Remedies and Limitation of Liability.

a. Except as expressly provided in these Terms, Seller disclaims and makes no warranties, conditions or other terms of any kind whatsoever, express or implied, statutory or otherwise, including, but not limited to any warranty of fitness or suitability for use or for particular purpose or of merchantability, with respect to any goods purchased through this website.

b. Seller warrants, for a period of 30 calendar days after purchase, that the goods sold through this website shall be free of defects in the materials and workmanship. Purchaser’s sole and exclusive remedy for Seller’s breach of this warranty is Seller’s repair or replacement of any goods shown to be defective within 30 calendar days after being purchased through this website.

c. Seller warrants that it will convey good title, and the goods conveyed will be free from any security interest or other lien or encumbrance of which Purchaser has not received written notice on or before the date of Purchaser’s acknowledgment of or purchase order in response to the Quotation.

d. Seller has no affiliation with, nor is Seller endorsed by any third party, including, but not limited to Biesse S.p.A., Biesse Group, Biesse North America, Intermac Glass and Stone Division, HSD S.p.A., HSD USA Inc., Comandulli S.r.l., Pneumax S.p.A.,Pompetravaini S.p.A., BBC Electropompe S.r.l., Balluff GmbH, M.D. Micro Detectors S.p.A., Siemens AG, KEB GmbH, Bosch Rexroth AG, P.E.I S.r.l., Norgren Inc. Descriptions provided on the website (including description stating that the product is “compatible with...”) are merely descriptive in nature. Seller makes no representations or warranties in connection with the descriptions of its products and services. In particular, Seller does not represent or warrant that any of the products that may be ordered/purchased through the website will conform to or are compatible with the services, forms, requirements and/or specifications used by any third party, and Seller disclaims and makes no warranties of fitness or suitability for use or for particular purpose or of merchantability.

e. Seller will in no event have any obligations or liabilities to Purchaser or any other person for any loss of profits, loss of use or incidental, special, indirect or consequential damages of any kind, whether based on contract, tort (including negligence), strict liability, or any other theory or form of action, even if Seller has been advised of the possibility thereof, arising out of or in connection with the goods sold through the website. Without limiting the generality of the preceding sentence, Seller will not be liable for personal injury or property damage. In no event will the liability of Seller arising in connection with the goods sold to Purchaser exceed the actual price paid by Purchaser to Seller for such goods.

f. Seller will not be liable to Purchaser for any claim related to goods sold through this website which is made more than one year after the date of Seller’s sale of such goods and such claims are thereafter barred.

9. Applicable Law and Remedies. The purchase of goods through the use of this website shall be deemed a contract made under and governed by the laws of the State of Illinois. All proceedings with respect to any disputes relating to goods purchased using this website must be brought exclusively before State or Federal courts sitting in Chicago, Illinois. Purchaser agrees to waive any objection to personal jurisdiction and venue in such proceedings, except that further proceedings in Seller’s enforcement of any award of such courts may be brought in any jurisdiction where the party subject to such award or any of its property may be found. Seller will not under any circumstances be liable for any of Purchaser’s costs, interest charges, attorneys’ or expert witness fees or out-of-pocket costs or expenses.

10. Modification. Seller reserves the right to unilaterally modify or amend any portion of these Terms at any time without prior notice. Any such modifications shall be effective for goods sold using this website after the date of such modification. This version of these Terms and any modifications or amendments supersede all previous versions. Any failure to enforce or apply a term or provision of these Terms shall not constitute a waiver of that term or provision by Seller, and shall not diminish or impair Seller’s right to enforce such term or provision in the future. Purchaser must review these Terms periodically or prior to any subsequent price quote or order to determine what changes have been made to these Terms.

These Terms were last updated Janurary, 2013.