- Terms and Conditions
Terms and Conditions
The items described in this document are hereby offered for sale at prices to be established by The Valve Man LLC, its subsidiaries and its authorized distributors. This offer and its acceptance by any customer ("Buyer") shall be governed by all of the following Terms and Conditions. Buyer's order for any item described in this document, when communicated to The Valve Man LLC (A.KA. ValveMan.com), its subsidiary or an authorized distributor ("Seller") verbally, in writing or on the internet, shall constitute acceptance of this offer.
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. Seller further reserves the right to not accept any order or order(s) at their sole discretion. Any terms or conditions in addition to, or inconsistent with those stated herein, proposed by Buyer in any acceptance of any offer by Seller, 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. Seller's acceptance of any offer to purchase by Buyer is expressly conditional upon Buyer's assent to all the terms and conditions stated herein, including any terms in addition to, or inconsistent with those contained in Buyer's offer. Acceptance of Seller's products shall in all events constitute such assent.
2. Payment: Payment shall be made by credit card, Paypal, wire transfer or unless given written and/or verbal consent from The Valve Man LLC for alternate payment options.
3. Shipping Policy & Delivery: Unless otherwise provided on the face hereof, delivery shall be made FOB Seller's plant. Regardless of the method of delivery, however, risk of loss shall pass to Buyer upon Seller's delivery to a carrier. Any shipping price is an estimate only and seller has the right to charge buyer actual shipping costs. Any delivery dates shown are approximate only and Seller shall have no liability for any delays in delivery.
4. Warranty: The Valve Man LLC warrants, except as hereinafter provided, each product sold hereunder which is assembled by it to be free from defects in assembly under normal use and service for a period of one year after shipment thereof to the original purchaser. THE VALVE MAN LLC'S WARRANTY EXTENDS ONLY TO THE PRODUCTS ASSEMBLED BY IT AND IS, TO THE EXTENT PERMITTED BY LAW, IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY PRIOR WRITTEN OR ORAL REPERSENTATIONS REGARDING SUCH PRODUCTS MADE BY THE VALVE MAN LLC, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES. PRODUTS, OR COMPONENTS THEREOF, SUPPLIED BY ANY OTHER PARTY TO THE VALVE MAN LLC WHICH ARE NOT ASSEMBLED BY THE VALVE MAN LLC ARE COVERED ONLY BY THE INDIVIDUAL WARRANTY OF SUCH OTHER PARTY AND COPIES OF SUCH WARRANTIES WILL BE FURNISHED UPON REQUEST. The Valve Man LLC reserves the right to inspect products claimed defective under warranty. A defective product is not to be returned to The Valve Man LLC unless authorized and an RGA number provided by The Valve Man LLC. Products so returned shall be returned to The Valve Man LLC freight prepaid. Any product providing defective due to faulty assembly within one year from date of shipment will be replaced or repaired free of charge. The Valve Man LLC assumes no liability for labor charges incidental to the adjustment service, repairing, removal or replacement of the product or other costs, or for the expense of repairs made outside of its factory except when made pursuant to The Valve Man LLC's prior written consent. The Valve Man LLC, at its option, may ship a replacement or replacements immediately under standard billing and make warranty adjustment after inspection of the defective product by means of credit memorandum.
5. DISCLAIMER: ALTHOUGH THE VALVE MAN LLC AND ITS EMPLOYEES MAY SUGGEST THE SELECTION AND SIZING OF EQUIPMENT AND MATERIALS PERTINENT TO THE INTENDED APPLICATION/PROCESS, BASED UPON INFORMATION AND DOCUMENTS WHICH ARE PROVIDED BY THE BUYER, THE SELECTION AND SIZING OF THE EQUIPMENT AND MATERIALS REMAIN THE SOLE RESPONSIBILITY OF THE BUYER SO AS TO INSURE THAT THE EQUIPMENT AND MATERIALS MEET THE INTENDED APPLICATION/PROCESS AND/OR RELATED SPECIFICATIONS. THE VALVE MAN LLC IS PROVIDING THIS SITE AND ITS CONTENTS ON AN 'AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS.
6. Limitation of Remedy: 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 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.
7. 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 accepted by Seller in a written amendment to this Agreement. 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.
8. Return Policy: Any product being returned because it has been determined to be defective will be either replaced or repaired. See Warranty guidelines. In the event that the incorrect product was ordered, the buyer must contact The Valve Man LLC's customer service department to request a Credit Return (CR) number within 30 days of the date the product was received. The product must be returned in its original packaging. The division will test the unit to validate that it is being returned in its original ("new") state. The division reserves the right to charge a 40% restocking charge or deny a credit for damaged or used products.
9. Taxes: Unless otherwise indicated on the face hereof, 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.
10. 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.
11. 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 Pennsylvania. 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.