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Terms of Sale - Instrumentation2000.com
TERMS OF SERVICE
The use of this site is governed by the policies, terms, and conditions set forth below. Please read and review them carefully. Your use of this site, and the placement of any orders, indicates your understanding and acceptance of these policies, terms, and conditions. All sales are subject to the TERMS OF SALE contained herein. We reserve the right to update and change the site and these policies, terms and conditions at any time.
General:
Industrial Process Measurement, Inc., owns and operate this website www.instrumentation2000.com. These terms and conditions governs your relationship with our website instrumentation2000.com (“Website”). 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, 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.
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 instrumenation2000.com. Instrumentation2000.com 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.
Privacy Policy:
Our privacy policy, which sets out how we will use your information, can be found at [Privacy Policy Link]. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Prohibitions:
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 instrumentation2000.com 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.
Intellectual Property, Software and Content:
The intellectual property rights in all software and content (including blogs, buyer guides, photographic images and data sheets) made available to you on or through this Website remains the property of instrumentation2000.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by instrumentation2000.com 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.
Product Specifications, Images, and Listings Disclaimer:
Product descriptions are not designed or intended to replace your personal product knowledge, experience and/or research. Please make sure you know what you are purchasing before you order. Please contact us if you have any questions.
Terms of Sale:
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Delivery times may vary according to availability and subject to any delays resulting from vendor, postal delays or force majeure for which we will not be responsible. In order to contract with instrumentation2000.com you must be over 18 years of age and possess a valid credit or debit card issued by a US bank acceptable to us. Instrumentation2000.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be instrumentation2000.com or may in some cases be a third party. Where a contract is made with a third party instrumentation2000.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
While 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'.
(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been shipped and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email. In some cases we may require payment is advance via a wire transfer.
Disclaimer and Limitation of Liability:
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 instrumentation2000.com 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. This does not affect instrumentation2000.com's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. The instrumentation2000.com web site and all the materials therein are provided “as is”. By using this site, you agree that instrumentation2000.com, its affiliates, and employees shall not be held liable for any and all damages arising from the operation, content, or use of instrumentation2000.com. You agree that this limitation of liability is comprehensive and applies to all damages of any kind.
Prices, specifications, and terms are subject to change without notice. While we make every effort to keep the information on this site accurate and up-to-date, instrumentation2000.com, its affiliates, and employees will not be held responsible for typographical or other errors or omissions regarding prices or any other information contained on this site.
Instrumentation2000.com strives to be as accurate as possible in all of our product descriptions, product images, pricing, links and any other product information contained in or referenced to on the site. However, occasional slight errors may occur and we therefore cannot guarantee that all product descriptions, specifications, pricing or any other content on the site is entirely accurate, complete and/or current. Instrumentation2000.com can not be held liable nor are we responsible for these errors. In the event that a product is listed at an incorrect price due to typographical, informational, technical or any other error, instrumentation2000.com at its sole discretion shall have the right to refuse or cancel any order for that product and immediately amend, correct, or remove the inaccurate information. We apologize for any inconvenience that this may cause.
Order Acceptance Policy:
Receipt of a fax, Email, or any other form of order confirmation does not signify instrumentation2000.com's acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to either accept or decline your order for any reason. An order is not binding upon instrumentation2000.com until it is accepted. Please be aware that in order to keep our customers safe, we may require additional verification or information before accepting any order. We reserve the right to reject payment methods provided with the order and request other payment options such as a wire transfer of funds in lieu of a credit card issued by a foreign bank. If the billing address for the credit card is not accurate your order will be rejected.
Linking to this Website:
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 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 without prior approval. We reserve the right to withdraw linking permission without notice.
Copyright Information:
No part of this site may be copied, modified, reproduced, posted or transmitted in any way. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
By using this site and accepting delivery of any product delivered from instrumentation2000.com, you agree to be bound by the terms and conditions listed above. You and instrumentation2000.com agree that these terms and conditions are the exclusive terms governing the sales transactions between customer and instrumentation2000.com. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time and without any prior written notice. Therefore, please check these terms and conditions carefully each time you use the instrumentation2000.com web site, place an order, or accept delivery of any goods from instrumentation2000.com.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright:
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with instrumentation2000.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark 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 instrumentation2000.com.
Indemnity:
You agree to indemnify, defend and hold harmless instrumentation2000.com, 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. Variation: Instrumentation2000.com 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. Invalidity: 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.
Complaints:
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Email support at instrumenation2000.com for details via the contact us page.
Waiver:
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement:
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and instrumentation2000.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of instrumentation2000.com.
Jurisdiction:
Any litigation shall follow the laws of the State of New Jersey, USA.