TERMS AND CONDITIONS FOR SITE USE
Use of Site. By use of this web site (the “Site”) of Arc Abrasives, Inc.(“Arc Abrasives”), you agree to all of the terms, conditions, and notices contained or referenced in this Site (the “Terms and Conditions”). If you do not agree to these Terms and Conditions, do not use this Site. Arc Abrasives reserves the right to update or revise these Terms and Conditions. The Terms and Conditions are effective from the time they are posted on the Site. Your continued use of this Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.
Copyright. The content of this Site is protected by copyright. You may not copy, distribute, or create derivative works from any part of this Site (including its graphics, pictorial matter, and text) without the prior written consent of Arc Abrasives. You may, however, print portions of this site for references purposes only.
Trademarks. ARC ABRASIVES, INC.® is a registered trademark of ARC ABRASIVES INC. Other names, logos, designs, titles, words, or phrases within this Site, including but not limited to MAXBAK®, ARC BLU®, ARCSTRIP®, PREDATOR™ and BRIGHT BUFF™ are trademarks or tradenames of Arc Abrasives and may not be used without the prior written permission of Arc Abrasives. Arc Abrasives claims no interest in marks owned by other entities not affiliated with Arc Abrasives which may appear on this Site.
No Endorsement. Arc Abrasives does not endorse, sponsor, or recommend any ideas, products, or services by a third party who has linked to this Site. Any links to third party web sites are not an endorsement, sponsorship, or recommendation of the third parties or the third parties’ ideas, products, or services. Similarly, any references in this Site to third parties and their products or services do not constitute an endorsement, sponsorship, or recommendation.
No Guaranty of International Service or Compliance. This Site was designed for and is operated in the United States. This Site may be viewed internationally and may refer to Arc Abrasives products, services, and programs that are not available in your country or state. These references do not imply that Arc Abrasives intends to provide those products, services, or programs in your country or state. You are responsible for compliance with all laws applicable to the location from which the site is accessed and viewed.
DISCLAIMER OF WARRANTIES. THE MATERIAL IN THIS WEB SITE IS PROVIDED “AS IS,” WITHOUT ANY KIND OF WARRANTY. THE MATERIAL ON THIS WEB SITE IS NOT A WARRANTY AS TO ANY PRODUCT OR SERVICE PROVIDED BY ARC ABRASIVES OR ITS SUBSIDIARIES, AFFILIATES, COMPANIES, OR RELATED ENTITIES. WARRANTIES, IF ANY, ACCOMPANY THE PRODUCT OR SERVICE WHEN PURCHASED BY A CUSTOMER.
LIMITATION OF LIABILITY. ARC ABRASIVES IS NOT LIABLE FOR ANY ERRORS, DELAYS, INACCURACIES, OR OMISSIONS IN THIS SITE OR ANY SITES THAT ARE LINKED TO, OR REFERRED TO BY, THIS SITE. IN NO EVENT WILL ARC ABRASIVES BE LIABLE FOR ANY DAMAGES CAUSED BY OR IN CONNECTION WITH USE OF THIS SITE OR USE OF ANY SITE LINKED TO THIS SITE. UNDER NO CIRCUMSTANCES SHALL ARC ABRASIVES BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE WHETHER BASED ON ACTIONS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ARC ABRASIVES HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGE.
Jurisdiction and Venue. You and Arc Abrasives agree that the laws of the State of Ohio will apply to all matters arising from or relating to use of this Site, whether for claims in contract, tort, or otherwise, without regard to conflicts of laws principles. You and Arc Abrasives also agree and hereby submit to the exclusive personal jurisdiction and venue of the Miami County Common Pleas Court in Troy, Ohio and the United States District Court for the Southern District of Ohio with respect to such matters.
Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Arc Abrasives with respect to your use of this Site and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Arc Abrasives with respect to this Site. If any provision(s) of these Terms and Conditions are held invalid or unenforceable, those provisions shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
TERMS AND CONDITIONS FOR SALES & SERVICES
ARC ABRASIVES INC warrants the products we sell to be free from defect in material and workmanship when used under normal conditions at safe operating speeds. The remedy for defective products shall be return and replacement of the defective product. All claims for defective products must be made within ninety (90) days of receipt of shipment. All returns must be authorized and promptly returned by obtaining a Returned Goods Authorization (RGA) number from an ARC ABRASIVES, INC. Customer Service Representative. The RGA number is valid for 30 days from date of issue. EXCEPT FOR THE LIMITED WARRANTY PROVIDED FOR IN THIS PARAGRAPH, ARC ABRASIVES, INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF ITS PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The prices for products listed in our current Price Guide are Consumer List Prices. All claims of pricing discrepancies must be made within 30 days after invoice date as defined by date of shipment on the order.
Minimum Order Amount
Minimum order is $80. Product must be ordered in Standard Package Quantity, as stated in this catalog.
1% 15 days net 30 days. Any invoices not paid within terms will be considered delinquent, and all subsequent in-house orders and future orders will be placed on hold until delinquent invoices are paid.
For all single orders of ARC ABRASIVES INC products shipped as one order within the continental United States, to one destination, via our choice of carrier, and having a net invoice value of $500 or more, freight will be prepaid. For all single orders of ARC ABRASIVES INC products valued at less than $500, freight will be prepaid and charged. All overseas shipments will be shipped freight collect. Freight will be charged for any special requests for partial shipments or for shipments made by other than normal means.
ARC ABRASIVES INC reserves the right to over-ship 10% or to under-ship 5% for all non-stock or make-to-order items.
Stock items may be returned up to 6 months from the date of purchase. Stock items must be returned in Standard Package Quantity and in ARC ABRASIVES INC packaging. Any "stock item" return that is not due to the error of ARC ABRASIVES INC will be assessed a 20% re-stocking charge.
Requests for return of non-stock items will be reviewed on a case-by-case basis and assessed up to a 50% charge, per the discretion of ARC ABRASIVES INC. If approved for return, non-stock items may be returned up to 6 months from the date of purchase and must be returned in Standard Package Quantity and in ARC ABRASIVES INC packaging.
Damages and Risk of Loss
Ownership and all costs and risks of loss of, damage to and destruction of the goods shall pass and be borne by the Buyer according to the shipping terms F.O.B. Shipping point, even though ARC ABRASIVES, INC. may have selected the carrier, notwithstanding arrangements for delivery and payment of freight.
Limitation of Liability
ARC ABRASIVES, INC.’s liability for any defects in its products shall not exceed the total charges which have been paid in connection with the order or orders involving such defects. ARC ABRASIVES, INC. shall not in any event be liable for any lost profits, nor for claims demanded against its customers by third parties. ARC ABRASIVES, INC. shall not be liable for loss of use, incidental, indirect, consequential or punitive damages under any circumstances, even if it has been advised of the possibility of such damages.
Specially manufactured, make-to-order items are not returnable.
ARC ABRASIVES, INC. is not responsible for shortages or failure to perform as the result of forces beyond its control, including but not limited to, labor disputes, strikes, lockouts, accidents, fires, delays in manufacturing, transportation and/or delivery of materials, weather, other acts of God, embargos, government action, wars, or claims that are not reported within ten days after receipt; nor, will we accept the return of merchandise without our consent.
Copyright © 2007, Arc Abrasives, Inc.
All Rights Reserved.