SEAL-SEAT TERMS AND CONDITIONS
GOVERNING ONLINE SALES OF PRODUCTS
Effective July 1, 2013
The content of this Internet site (“Online Store”) is owned and operated by the SEAL-SEAT Company “SEAL-SEAT”). By accessing the SEAL-SEAT Online Store you (“You”) agree to be bound by these terms and conditions (“Terms and Conditions”) which apply to your (“Your”) use of the site, purchases, and each part of them, made from the Online Store. SEAL-SEAT reserves the right to revise these Terms and Conditions at any time.
SEAL-SEAT will use reasonable efforts to include up-to-date and accurate information, but makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. SEAL-SEAT shall not be liable for any damages or injury resulting from Your access to or inability to access the Online Store or from Your reliance on any information provided at this Internet site.
SEAL-SEAT strives to provide the most up to date pricing information on its Website. While we strive to have a Website that is 100% accurate, errors do occur from time to time. In the event an item description or price listed on the SEAL-SEAT Online Store is inaccurate or incomplete, or other errors are discovered (including typographic errors), SEAL-SEAT will make corrections as quickly as possible, and will apply the corrected price to any orders being processed. In the event corrections are made to the product description or price on your processed order, the Company will advise you by email or telephone. You may cancel any order within three (3) working days of being advised of corrections or changes to the product description or price, if you do not wish to accept the order subject to the corrections or changes.
SEAL-SEAT reserves the right to revoke any stated offer posted on the SEAL-SEAT Online Store, and to correct any errors, inaccuracies or omissions, including those which are discovered after a customer order has been submitted and accepted.
At the bottom of this page, SEAL-SEAT will notify You of the date these Terms and Conditions were last updated.
2. FREIGHT, SHIPPING SCHEDULE AND CONTINGENCIES.
When You place an online order, SEAL-SEAT will estimate shipping and delivery dates based on the availability of Your items and the shipping options You choose
SEAL-SEAT provides free standard shipping charges on shipments within the contiguous United States on orders of $100 or more excluding sales tax and shipping charges. You shall be responsible for the payment of shipping charges on orders of less than $100.00 and on orders shipped to Alaska and Hawaii. When SEAL-SEAT provides free shipping charges, SEAL-SEAT reserves the right to route the freight by the most expeditious and economical mode of transportation. Where SEAL-SEAT makes a partial shipment of an order that qualifies for freight prepayment, SEAL-SEAT will absorb transportation charges on any shipment applying to that order.
SEAL-SEAT shall not be liable for any delay in delivery or for non-delivery, in whole or part, caused by the occurrence of any contingency beyond the control of either SEAL-SEAT or SEAL-SEAT’s suppliers including, but not limited to, embargoes, war (whether an actual declaration thereof is made or not), sabotage, insurrection, riot or other act of civil disobedience, act of a public enemy, failure or delay in transportation, act of any government or any agency or subdivision thereof, judicial action, labor dispute, strike, picket, accident, fire, explosion, flood, storm, or other act of God, shortage of labor, fuel, raw materials, machinery or equipment or technical failure where SEAL-SEAT has exercised ordinary care in the prevention thereof. If any such contingency occurs, SEAL-SEAT may allocate production and deliveries among SEAL-SEAT customers.
3. INTENDED USERS.
The SEAL-SEAT Online Store is intended for use by consumers purchasing for their own use within the United States. Purchase for resale is not an allowable use, nor is purchase for export outside the United States.
4. RETURN POLICY.
Returned Products - To be eligible for credit, products returned to SEAL-SEAT must meet the following requirements:
5. PAYMENT, PRICE CHANGES AND TAXES.
You shall pay to SEAL-SEAT for ordered products those prices posted on the Online Store at the time You place an order. SEAL-SEAT may modify the prices posted on the Online Store in connection with its adoption of a new price schedule or modification of existing schedule at any time. Product prices offered on the SEAL-SEAT Online Store may vary from other advertised prices for products manufactured by SEAL-SEAT. All prices on the SEAL-SEAT Online Store are listed in U.S. dollars and are valid only within the United States.
Prices do not include shipping and handling, or state and local sales or use taxes, where applicable. Such costs will be displayed at the time of checkout, and based upon selected customer preferences. You are exclusively responsible for all such costs associated with Your order.
The SEAL-SEAT Online Store allows You to pay with Visa or MasterCard. Payment for products purchased through the online store must be paid in full before SEAL-SEAT will accept and process any order. By paying for products through the Website, You are expressly agreeing to all terms and conditions in these Terms and Conditions.
6. TITLE AND DELIVERY.
Delivery of products to a carrier by SEAL-SEAT shall constitute transfer of title, ownership, possession and property in and to the products at such point of delivery, and such carrier shall thereafter be deemed to be acting for You and the products shall thereafter be at Your risk. Shipping dates are approximate only. SEAL-SEAT shall not be liable for any loss or expense (consequential or otherwise) incurred by You if SEAL-SEAT fails to meet the specified delivery schedule. You shall be liable for detention, demurrage, storage, or auxiliary charges assessed by carriers or warehousemen resulting from Your failure to accept delivery in a timely manner. SEAL-SEAT will not allow any claim made by You with respect to shortages or error in shipment unless reported to SEAL-SEAT in writing within 10 days after You receive the products.
Seal-Seat Manufactured Products
SEAL-SEAT warrants that all products manufactured by SEAL-SEAT shall be free from defects in workmanship and materials.
SEAL-SEAT shall defend any suit or proceeding brought against You based on a claim that any products manufactured and supplied by SEAL-SEAT to You constitute direct infringement of any duly issued United States patent and SEAL-SEAT shall pay all damages and cost finally awarded therein against You, provided that SEAL-SEAT is promptly informed and furnished a copy of each communication, notice or other action relating to the alleged infringement and is given authority, information, and assistance (at SEAL-SEAT’s expense) necessary to defend or settle said suit or proceeding. SEAL-SEAT’s only warranty in connection with a sale and is in lieu of all other warranties, expressed or implied, written or oral. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT APPLY TO A SALE. No employee, agent, dealer, or other person is authorized to give any warranties on behalf of SEAL-SEAT, nor to assume for SEAL-SEAT any other liability in connection with any of its products, except an officer of SEAL-SEAT as signed in writing. SEAL-SEAT extends no warranties on products not of its own manufacture.
SEAL-SEAT assumes no liability for faulty or improper application of its manufactured products to any end product. All claims under the SEAL-SEAT warranty must be made in writing and received by SEAL-SEAT prior to the expiration of the warranty period (time being of the essence) and the product claimed to be defective or nonconforming must be returned by You to SEAL-SEAT at Your expense. SEAL-SEAT’s warranties shall not be expanded, diminished, or affected by, and no obligation or liability shall arise or grow out of SEAL-SEAT’s rendering technical advice or service in connection with Your purchase of the products. SEAL-SEAT extends no warranties on products not of its own manufacture.
Third Party Products
Third Party Products may carry a limited warranty from the original manufacturer of such Third Party Products. SEAL-SEAT is not responsible for fulfillment of any Third Party Product warranty or for problems attributable to the use of Third Party Products. SEAL-SEAT does not warrant that any Product will function in any specific configuration that includes any Third Party Products, or that any Product will function to produce a particular result, even if the specific configuration or the result has been discussed with SEAL-SEAT. ALL THIRD PARTY PRODUCTS ARE PROVIDED BY SEAL-SEAT ON AN “AS IS” BASIS.
8. LIMITATION OF REMEDY.
SEAL-SEAT will repair or replace, at SEAL-SEAT’s option, F.O.B. factory, freight prepaid, any products manufactured by SEAL-SEAT defective in workmanship or materials if such product is returned, freight prepaid, within the warranty period. It is agreed that such replacement or repair is the exclusive remedy available from SEAL-SEAT should any of SEAL-SEAT’s products prove defective. In no event shall SEAL-SEAT be liable for any special, indirect, or consequential damages of any character, including but not limited to loss of use of productive facilities or equipment, lost profits, or lost production, irrespective of whether claims or actions for such damages are based upon contract, warranty, tort (including negligence), strict liability or otherwise.
SEAL-SEAT shall not assume responsibility or liability for performance of products improperly repaired or serviced by a technician not authorized by SEAL-SEAT. Products may fail to perform up to acceptable standards if replacement parts are installed incorrectly, or even with proper installation due to degradation of other parts. Improper service, repair, or modification of products can result in equipment damage and/or bodily injury to the operator. You assume complete responsibility and liability for equipment performance when repairing equipment. The use of aftermarket parts in any repair may void original manufacturers’ warranties.
SEAL-SEAT assumes no liability for faulty or improper application of its products to any end product. Further, SEAL-SEAT shall not warrant, either expressly or implied, the performance of any end product which has been repaired or serviced by a technician not authorized by SEAL-SEAT, and SEAL-SEAT specifically disclaims any implied warranties of merchantability of fitness for such products.
10. LIMITATIONS ON LIABILITY FOR ONLINE PURCHASES.
BY PURCHASING THROUGH THE SEAL-SEAT ONLINE STORE, YOU EXPRESSLY AGREE TO THE FOLLOWING LIMITATION OF LIABILITY:
SEAL-SEAT SHALL NOT BE LIABLE BEYOND THE REMEDIES EXPRESSLY SET FORTH HEREIN. SEAL-SEAT’S MAXIMUM LIABILITY SHALL NOT EXCEED THE TOTAL PRICE PAID FOR THE PRODUCTS ORDERED BY YOU, THE CUSTOMER. IN NO EVENT SHALL SEAL-SEAT BE LIABLE TO YOU, THE CUSTOMER, OR TO ANY THIRD PARTY, FOR ANY CLAIM BY A THIRD PARTY OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SEAL-SEAT SHALL NOT BE LIABLE FOR LOSS OF PRODUCT AVAILABILITY, LOSS OR CORRUPTION OF DATA, OR LOSS OF PROFITS OR BUSINESS FROM YOUR USE OF THE SEAL-SEAT ONLINE STORE OR ATTEMPT OR COMPLETION OF PURCHASES THEREFROM.
SOME STATES DO NOT ALLOW LIMITATIONS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS MAY NOT APPLY TO YOU.
11. FAIR LABOR STANDARDS ACT.
SEAL-SEAT certifies that all products manufactured by SEAL-SEAT and sold hereunder have been manufactured in compliance with the Fair Labor Standards Act of 1938, as amended, and the regulations and orders of the United States Department of Labor issued under Section 14 thereof.
Failure of SEAL-SEAT to insist upon performance of any provision of the Terms and Conditions shall not be construed as a waiver of such provision or any other provisions herein, and shall not affect the right of SEAL-SEAT thereafter to enforce each and every provision of the Terms and Conditions.
13. ACCEPTANCE AND AGREEMENT.
These Terms and Conditions constitute the entire Agreement between SEAL-SEAT and You and supersede any invoice or order acknowledgment and all other communications between the parties, whether written or oral. No purported modification or waivers of the provisions hereof shall be binding on SEAL-SEAT for any purpose unless contained in writing signed by an authorized representative of SEAL-SEAT.
14. INTELLECTUAL PROPERTY.
Site content is protected by copyright law and may be downloaded only for personal non-commercial purposes and may otherwise not be copied in any way.
The trademarks, services, trade names, trade dress and products in this site are protected in the United States and internationally. No use of any of these may be made without the prior, written consent of the owners of these trademarks, service marks, or trade names, except to identify the products or services of the company.
15. CALIFORNIA PROPOSITION 65.
California Proposition 65 requires special product labeling for products containing certain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm if the product will expose the consumer to such chemicals. SEAL-SEAT complies with all Proposition 65 labeling requirements.
16. EXPORT CONTROL.
You acknowledge that the products and technical data, if any, which You purchase or receive by using the Seal-Seat Online Store and attending Terms and Conditions may be subject to the export controls under the U.S. Export Administration Regulation, the U.S. Department of Treasury Office of Foreign Assets Control, and other U.S. agencies, as well as the export control regulations of foreign countries. You acknowledge and agree that the products and technical data, if any, which You purchase or receive under these Terms and Conditions shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries to which the United State maintains an embargo, or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By accessing this website and/or purchasing items through the SEAL-SEAT Online Store, You represent and warrant that You are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
You will (i) comply strictly with all legal requirements established under these controls; (ii) cooperate fully with SEAL-SEAT in any official or unofficial audit or inspection that relates to these controls; and (iii) not export, re-export, divert, transfer, or disclose, directly or indirectly, any purchased items or related technical information, document, or material or direct products thereof to any country so restricted by the U.S. Export Administration Regulations, as modified by time to time, or to any national or resident thereof, unless You have obtained the prior written authorization of SEAL-SEAT and the U.S. Commerce Department and any relevant local governmental authority.
SEAL-SEAT makes no representation that any items for sale through the SEAL-SEAT Online Store are appropriate or available for use in other locations. You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the content contrary to U.S. law is prohibited. None of the content, nor any information acquired through the use of the products and technical data, if any, which You purchase or receive under these Terms and Conditions, or which is gathered through use of the Online Store, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the U.S. government for such purposes.
17. NO ASSIGNMENT.
You may not assign any of Your rights or obligations under these Terms and Conditions without the express written consent of SEAL-SEAT.
18. GOVERNING LAW, JURISDICTION AND OUR AGREEMENT TO ARBITRATE.
The validity, construction and performance of these Terms of Conditions, and the sale and use of products purchased through the SEAL-SEAT Online Store, shall be governed by the laws of the State of California, excluding any conflict or choice of law provisions. No international sales are authorized or contemplated, and the United Nations Convention on Contracts for the International Sale of Goods shall not be applicable to this Agreement.
You agree that venue and jurisdiction for all disputes will lie exclusively within Los Angeles County, in the State of California. You agree that any claim, dispute or controversy, whether in contract, tort, or otherwise, regardless of kind or nature, between Yourself and SEAL-SEAT, its agents, employees, directors and affiliates arising out of or relating to this Agreement and the products purchased through the SEAL-SEAT Online Store, shall be resolved exclusively and finally by binding arbitration under the commercial rules of the American Arbitration Association then in effect before a single arbitrator knowledgeable in the field of Internet contracts. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party will pay its own costs and attorneys’ fees, if any, provided that SEAL-SEAT will be responsible for paying any filing fees or other fees required to obtain a hearing for the arbitration to the extent that such fees exceed the amount of the filing fee which would be required to initiate a claim in the court of general jurisdiction in the state where You reside. The arbitrator may award reasonable attorney’s fees to the prevailing party for any statutory claim that would allow the prevailing party to receive an award of attorneys’ fees.
19. CONTACTING US.
9160 Norwalk Boulevard
Santa Fe Springs, CA, 90670, USA
20. SPECIAL ORDERS.
Special orders are not accepted on the Online Store. Please contact us directly via email or phone to discuss and place special orders.
These Terms and Conditions were last updated on October 28, 2014.