General Terms and Conditions of Sale
These terms and conditions apply to all sales or order of services by A-LOK Products, Incorporated whether by purchase order or otherwise. Acceptance by A-LOK Products, Incorporated of any order or request for services is expressly limited to the terms and conditions set forth below. No one except a duly authorized officer of A-LOK Products, Incorporated may modify the terms hereof and any modification must be in writing signed by such duly authorized officer. If these terms are not acceptable, you should notify A-LOK Products, Incorporated at once.
These terms and conditions constitute the entire agreement between the parties hereto and supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto with respect to the subject matter hereof.
Unless otherwise specifically agreed to in writing and signed by an authorized representative of A-LOK Products, Incorporated, all orders received by A-LOK Products, Incorporated are subject to these terms and conditions. Offers to purchase goods or provide services can be accepted only by an authorized representative of A-LOK Products, Incorporated. Any different or additional terms and conditions proposed in a purchase order or otherwise are hereby rejected by A-LOK Products, Incorporated and shall not be incorporated into this agreement.
3. Delayed Deliveries / Unforeseen Circumstances:
Delivery will be made on or about the date indicated on A-LOK Products, Incorporated’s acknowledgement; however, A-LOK Products, Incorporated cannot be responsible for delays due to any cause beyond its control, including, but not restricted to, acts of God, war, acts of the enemy, hostilities, civil commotion or sabotage, acts of Government, fires, floods, explosion or other catastrophes, accidents, epidemics, quarantine restrictions, differences with workmen, embargos or other transportation delays of any kind, inability to obtain fuel or other material and delays incurred by A-LOK Products, Incorporated’s suppliers due to such causes. Any such causes of delay, even though existent on the date of A-LOK Products, Incorporated’s acknowledgement, shall extend the time of A-LOK Products, Incorporated’s performance by a period or periods equivalent to the delays so occasioned and to such further extent as may be necessary to enable A-LOK Products, Incorporated to make delivery by the exercise of reasonable diligence in view of the circumstances existing after such causes of delay have been removed. A-LOK Products, Incorporated reserves the right to cancel any delivery in the event of a material adverse change in the availability or cost of materials or in the event of any other material unforeseen circumstances.
The price of goods delivered will be due and payable in accordance with terms of payment set forth in A-LOK Products, Incorporated’s acknowledgement. A-LOK Products, Incorporated may cancel deliveries of goods if Buyer fails to make any payment with due. A-LOK Products, Incorporated’s rights under this section shall be in addition to all other rights made in accordance with said terms of payment, Buyer shall pay to A-LOK Products, Incorporated all reasonable costs of collection, including reasonable attorney’s fees incurred by A-LOK Products, Incorporated in collecting sums due on account of the sale. In the event that payment is not made when due, interest on the overdue payment shall be due at the rate of one and one half (1½) percent per month.
No return of goods ordered and shipped will be allowed unless such goods shall be shown to be defective.
5. Changes and Deletions:
A-LOK Products, Incorporated agrees only to sell the quantity of goods set forth in Buyer’s purchase order. Changes requested by Buyer in quantities, drawings, specifications, or delivery schedules may only be made with the written consent of A-LOK Products, Incorporated. Any change requested by Buyer and consented to by A-LOK Products, Incorporated which causes a substantial increase in A-LOK’s costs hereunder will result in a fair adjustment on the pricing.
6. Raw Materials and Production Facilities:
Except when otherwise agreed to by A-LOK Products, Incorporated in writing, A-LOK Products, Incorporated reserves the right to (i) select the raw materials to be used in the manufacture of the goods, (ii) select the supplier of such raw materials, and (iii) select the facility and production line to be used in the manufacture of the goods.
7. Title / Delivery Point:
Delivery shall be made F.O.B. A-LOK Products, Incorporated’s manufacturing facility in Tullytown, PA, unless otherwise indicated. Title to goods and all risk of loss transfer to Buyer upon delivery to the freight carrier.
Buyer will pay all taxes due on any order, including, but not limited to, sales, use, and excise or any direct or indirect tax of a similar nature of federal, state, county or municipal origin. If A-LOK Products, Incorporated is required to collect and/or pay such taxes, Buyer shall reimburse A-LOK Products, Incorporated for the full amount.
A-LOK PRODUCTS INCORPORATED LIABILITY IS LIMITED TO REPLACEMENT OR REPAIR OF DEFECTIVE PARTS, EXCLUDING COST OF REMOVAL, INSTALLATION OR UNAUTHORIZED REPAIRS. A-LOK PRODUCTS INCORPORATED WILL NOT BE RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR PRODUCTS WHICH HAVE BEEN ALTERED OR MODIFIED, INCLUDING EXCEEDING THE PRESSURE RATING OF A SEAL WHEN USING A REPAIR GROUT. NO REPRESENTATIVE OF THE COMPANY OR ANY OTHER PERSON, HAS THE AUTHORITY TO WAIVE, ALTER OR ADD TO THE PROVISIONS OF THIS GUARANTEE OR TO ASSUME FOR THE COMPANY ANY OBLIGATIONS OR LIABILITY IN CONNECTION WITH THE SALE OR INSTALLATION OF A-LOK PRODUCTS INCORPORATED. THIS WARRANTY IS IN LIEW OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
10. Cancellations and Returns:
Cancellation prior to shipment, customer will be responsible for all charges if any incurred with to date of notification.
A-LOK Products, Incorporated will only accept return of item(s) under the following conditions:
- -We must be notified of any returns prior to return of shipment. Authorization Requisition/Return number must accompany all returns.
- -Any returned products without authorization will be refused upon arrival and returned to customer at customer’s expense.
- -A restocking charge will be put on all goods upon inspection.
- -Materials returned for credit must be returned within 120 days from date of purchase.
- -All goods must be in decent and proper packaging with an enclosed packing list containing all itemized goods.
- -No goods will be credited if damaged, in poor or in dirty condition. There will be a charge for any material which needs to be disposed of.
- -Customer is responsible for all freight charges on all returned goods.
- -Restocking charges for stock items 25%; non-stock items 50%.
11. Buyer’s Indemnity:
Buyer shall defend, indemnify and hold harmless A-LOK Products, Incorporated and its employees and agents against all sums, costs, liabilities, losses, obligations, suits, actions, damages, penalties, fines, interest and other expenses (including reasonable attorney’s fees) that A-LOK Products, Incorporated may incur that result from (i) Buyer’s negligence, use, ownership, maintenance, transfer, transportation or disposal of the goods sold hereunder, (ii) any infringement or alleged infringement of the intellectual property rights of others rising from Buyer’s specifications, and (iii) Buyer’s violation or alleged violation of any federal, state, county or local laws or regulations, including but without limitation, the laws and regulations governing product safety, labeling, packaging and labor practices.
12. Proprietary Rights:
A-LOK Products, Incorporated retains exclusive rights in and to any proprietary information, data and materials related to the goods sold hereunder, as well as the rights to all discoveries, inventions, patents and other proprietary rights that A-LOK Products, Incorporated may develop in the course of manufacturing the goods. Buyer shall not “reverse engineer” any goods sold by A-LOK Products, Incorporated or otherwise attempt to obtain any proprietary rights of A-LOK Products, Incorporated.
13. No Waiver:
Any concession or indulgence made by A-LOK Products, Incorporated or its failure to insist on performance of any of these terms and conditions shall not be considered a waiver of any other terms, whether the same or similar. No waiver by A-LOK Products, Incorporated of any default or provision hereof shall be deemed a waiver or any subsequent default or provision.
14. Governing Law:
The terms and conditions shall be deemed to have been made in and shall be governed by the laws of the Commonwealth of Pennsylvania. Any legal action shall be resolved in the courts of this Commonwealth of Pennsylvania.
If any provision of this Agreement, or parts thereof, shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
A-LOK Products, Incorporated – General Terms and Conditions of Sale (Rev. 7-14-09)
Terms and Conditions of Use
This Web site is provided by A-LOK Products, Inc. ("A-LOK"), and may be used for informational purposes only. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use the site or download materials from the site.
Note: This site is not intended for persons under 13 years of age.
LIMITED LICENSE: Subject to the terms and conditions set forth in this Agreement, A-LOK grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.
A-LOK authorizes you to view and download the information ("Materials") at this Web site ("Site") only for your company's use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, A-LOK does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
DISCLAIMER: THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. A-LOK DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. A-LOK RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. A-LOK MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THIRD-PARTY SITES: As a convenience to you, A-LOK may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. A-LOK makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that A-LOK or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of A-LOK or any of its affiliates or subsidiaries.
INFORMATION PROVIDED BY YOU: A-LOK does not want you to, and you should not, send any confidential or proprietary information to A-LOK via the Site with regard to ideas, concepts or know-how. You agree that any such information or materials that you or individuals acting on your behalf provide to A-LOK will not be considered confidential or proprietary. By providing any such information or materials to A-LOK, you grant to A-LOK an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that A-LOK is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to A-LOK. You further recognize that A-LOK does not want you to, and you warrant that you shall not, provide any information or materials to A-LOK that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
LIMITATION OF DAMAGES: IN NO EVENT SHALL A-LOK OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF A-LOK IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CHANGES: A-LOK reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.
A-LOK may terminate, change, suspend or discontinue any aspect of the A-LOK Site, including the availability of any features of the Site, at any time. A-LOK may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. A-LOK may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.
INTERNATIONAL USERS AND CHOICE OF LAW: This Site is controlled, operated and administered by A-LOK from its offices within the United States of America. A-LOK makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of Kansas, without giving effect to its conflict of laws provisions.
This Agreement constitutes the entire agreement between A-LOK and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
The Information We Collect
This notice applies to all information collected or submitted on the A-LOK website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are: name, address, email, phone number, credit/debit card information, etc.
The Way We Use Information
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order. We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties. You can register with our website if you would like to receive our catalog as well as updates on our new products and services. Information you submit on our website will not be used for this purpose unless you fill out the registration form. We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals. Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment to Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Our Commitment To Children's Privacy
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
How You Can Access Or Correct Your Information
You can access all your personally identifiable information that we collect online and maintain by [description of the company access procedure]. We use this procedure to better safeguard your information. You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
How To Contact Us
Should you have other questions or concerns about these privacy policies, please call us at +1(800)822-2565 or email us at email@example.com