Palmer Manufacturing & Supply, Inc.
Terms and Conditions
Standard Terms and Conditions of Palmer Manufacturing & Supply, Inc.
Web Use – 2013
The Terms and Conditions of Use set forth below
create a binding contract between Palmer Manufacturing & Supply, Inc.
(hereinafter "PALMER"), and you, the user of this web site. Please read
these terms and conditions carefully before using this web site. Your use of
this web site confirms your unconditional acceptance of the following terms
and conditions. If you do not accept these terms and conditions, do not use
this web site.
This web site is intended only for use by those
18 years of age or older. By accepting these terms and conditions, you
certify that you are at least 18 years of age or older, and that you are
legally able to enter into a valid contract.
You agree and warrant that all information you
provide to PALMER through this web site, including but not limited to any
contact information, billing information and other registration information
for your account, is truthful and accurate. You further agree to maintain
the accuracy of your account information and to inform PALMER promptly of
any changes to your account information.
By placing an order with PALMER, you consent to
receive communications from us electronically via the e-mail address
associated with your account. You agree that any and all communications sent
to you electronically via the e-mail address associated with your account
satisfy any legal requirement that such communications be in writing.
You acknowledge that your use of the PALMER web
site is at PALMER’S discretion, and your license to use the web site may be
terminated by PALMER at any time. PALMER reserves the right, at its sole
discretion, to refuse service, to terminate any user's account and/or to
cancel orders placed through the web site at any time.
By using this web site, you consent to PALMER’S collection and use of
hereby incorporated into these Terms and Conditions of Use.
- The content of the PALMER web site,
including all text, graphics and other material displayed on or
downloadable from the site, is either the property of, or used with
permission by, PALMER, and is protected by the copyright laws of the
United States and other countries. The compilation of all the content on
the PALMER web site is also protected by the copyright laws of the
United States and other countries. No material from the web site may be
used, reproduced, distributed, modified, or publicly displayed or
performed without the prior written permission of the owner of such
- PALMER reserves the right to modify, suspend
or discontinue any or all aspects of this web site at any time without
- PALMER, PALMER MANUFACTURING & SUPPLY, INC.,
and all related product and service names and logos, design marks,
slogans and trade dress are trademarks or service marks of PALMER
MANUFACTURING & SUPPLY, INC. Other marks displayed on this web site are
the property of their respective owners. PALMER trademarks, service
marks, trade dress and other graphics, logos and slogans may not be used
without prior written permission from PALMER.
PALMER grants you a limited, nonexclusive and
revocable license to make personal use of the site. This license does not
include the right to modify, reproduce, copy or resell any of the content of
the PALMER web site; to download or copy any user's account information for
the benefit of another party; to bypass any technical measures used to
prevent or restrict access to any portion of the web site; to use any data
mining, or similar automated data gathering and extraction tools to access
the PALMER web site; to violate or attempt to violate the security of the
web site, or to interfere with or attempt to interfere with the proper
working of the PALMER’S web site. You agree to use this web site only for
lawful purposes and in accordance with the terms and conditions contained
- You are granted a limited, nonexclusive and
revocable license to create a hyperlink to the home page of the PALMER
web site, so long as the link and the linking page do not portray PALMER
or its products or services in a false, misleading, derogatory or
otherwise offensive manner. You may not, however, use any of PALMER’S
logos or other proprietary graphic material in creating such links. Nor
may you use PALMERS name or trademarks in meta-tags or any other hidden
text without the express written consent of PALMER. Displaying the
PALMER web site or any portion of the PALMER web site in frames or
through similar means on another web site is also prohibited without the
express written consent of PALMER. Any permitted links to the PALMER web
site must comply will all applicable laws, rules and regulations.
- This web site may contain links to web sites
that are not owned, operated or controlled by PALMER. All such links are
provided as a convenience, and do not in any way constitute PALMER
endorsement or recommendation of the linked web site or the person(s)
associated therewith. PALMER is not responsible for any content of any
third party web sites, and makes no representations regarding the
content or accuracy of material on such sites. If you decide to access
any linked web sites, you do so entirely at your own risk.
- In the event that you have any problem with
this web site or any content contained thereon, you agree that your sole
remedy is to cease using this web site.
- PALMER attempts to ensure that all
information on this web site, including information about products and
services available for order through the site, is complete, accurate and
up to date. However, PALMER makes no guarantees as to the completeness
or accuracy of any information on the site, or that the information is
up to date. You agree that, should you purchase an item from PALMER that
is not as described on the PALMER web site, your sole and exclusive
remedy is to return such item in an unused condition for a refund of the
- All content, specifications, product
information and price information described or depicted on this web site
are subject to change at any time without notice. The fact that a
product or service is advertised or otherwise included in this web site
at a particular time does not imply or warrant that the product or
service is or will be available at that or any other time.
- While PALMER makes every effort to provide
accurate pricing information, any prices listed on the PALMER web site
should be considered estimates only. The listed price may differ from
the actual price of the item at the time of purchase due to any number
of factors, including but not limited to typographical errors, an error
in pricing or product information, or a price increase or decrease
between the time the order is placed and the time the purchase is made.
Should the actual price of an item you order be higher than that listed
on the site, PALMER may, at its discretion, either contact you about the
discrepancy to see if you still wish the item at the higher price or
cancel the order and notify you of the cancellation and the reason
therefore. Also, all credit card transactions will have an additional fee added to the price of your order. Contact PALMER for the current rate.
- All purchases made from this web site are
made pursuant to a shipment contract. This means that the risk of loss
and title for such items pass to you upon delivery of the items to the
carrier. You are responsible for filing any claims with carriers for
damaged and/or lost shipments.
- After placing an order, you may receive an
e-mail acknowledgement of that order from PALMER. This acknowledgement
does not constitute PALMER acceptance of the order or a confirmation of
an offer to sell a product or service. There may be certain orders that
PALMER is unable to accept or fill, including but not limited to orders
which call for shipment of goods to an address in violation of posted
shipping restrictions for those goods. PALMER reserves the right, at its
sole discretion, to refuse or cancel any order for any reason. Further,
PALMER reserves the right, without prior notice, to limit the order
quantity on any product or service. PALMER may also require additional
information or verifications before processing certain orders. Should
your entire order or any portion thereof be cancelled, or should PALMER
require additional information from you before processing the order,
PALMER will contact you. In the event that your credit card was charged
for an order that is later cancelled, PALMER will issue a credit to your
credit card in the amount of the charge. Unless specified
otherwise in writing, the customer is responsible for all
interconnections, mechanical, electric, pneumatic, hydraulic, Ethernet,
communication and computer lines etc., between machines, control panels,
junction boxes, power supplies, and safety guarding. Safety guarding is a critical component and Palmer has many options. Please request a quote for your particular situation.
- You acknowledge that any purchases you make
through the PALMER web site are also subject to and governed by PALMER’S
Standard Terms of Sale, which are hereby incorporated into these Terms
and Conditions of Use. You hereby represent that any products ordered
through this web site will be used only in a lawful manner.
- All comments, feedback, suggestions, ideas
and other submissions disclosed or submitted to PALMER on or through
this web site or any e-mail address associated with this web site
(collectively, "User Submissions") shall be and remain the property of
PALMER. Your disclosure or submission of User Submissions shall
constitute an assignment to PALMER of all worldwide right, title and
interest in any to all copyrights and other intellectual property rights
in the User Submissions. You represent and warrant that you own or
otherwise control all the rights to any User Submissions you make to
PALMER, and that use of the information or content you supply does not
violate the intellectual property rights of any third parties and will
not cause injury to any person or entity, and that you will indemnify
PALMER or its affiliates for all claims resulting from or related to
content you supply. You further represent and warrant that any User
Submissions you make to PALMER will not contain libelous or otherwise
unlawful, threatening, abusive or obscene material; will not contain
software viruses or other harmful devices, and will not be part of any
mass mailing or other form of spam.
THIS WEB SITE IS PROVIDED BY PALMER ON AN "AS IS"
AND "AS AVAILABLE" BASIS. PALMER MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE
INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PALMER DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS
WEB SITE AND ANY AND ALL PRODUCTS AND SERVICES INCLUDED, LISTED OR PURCHASED
ON OR THROUGH THIS WEB SITE.
BY USING THE PALMER WEB SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS
AT YOUR SOLE RISK. PALMER DOES NOT WARRANT OR GUARANTEE THAT ITS WEB SITE,
SERVERS OR E-MAILS SENT BY OR ON BEHALF OF PALMER ARE FREE OF VIRUSES, WORMS
OR OTHER HARMFUL COMPONENTS. FURTHER, PALMER DOES NOT GUARANTEE THE
CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS WEB SITE, NOR THAT
ALL COMMUNICATIONS BETWEEN YOU AND PALMER WILL BE SECURE FROM ACCESS OR
INTERFERENCE BY THIRD PARTIES.
- PALMER WILL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY
TO USE THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF PALMER HAS BEEN
ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, PALMER WILL NOT BE LIABLE FOR ANY DAMAGE
TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED
BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS WEB SITE, OR FROM YOUR
DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING
OUT OF A THIRD PARTY'S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL
INFORMATION STORED ON PALMER'S COMPUTERS AND/OR SERVERS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- You agree to indemnify, defend and hold
harmless PALMER from and against any claim, demand, damages, cost and
expenses, including reasonable attorney fees, arising from or related to
your use of this web site.
- This web site is created and maintained by
PALMER in the State of Ohio. You agree that the laws of the State of
Ohio will govern these Terms and Conditions of Use, without giving
effect to any principles of conflicts of laws. Any action or proceeding
arising out of this Agreement or your use of the PALMER’S web site must
be brought in the state or federal courts located in Clark County, Ohio,
and you hereby consent to the exclusive personal jurisdiction of such
- PALMER reserves the right to revise these
Terms and Conditions of Use at any time. Any changes to the Terms and
Conditions of Use will be included in a revised version of this
document. You should visit this page from time to time to review the
then current Terms and Conditions, and should cease using the web site
if you do not agree to be bound by the terms and conditions contained
This Agreement represents the entire
understanding between the parties regarding your use of the PALMER’S web
site, and supersedes all other agreements, express or implied, between them.
If any provision of this Agreement is determined to be invalid or
unenforceable for any reason whatsoever, the remainder of this Agreement
shall be enforced to the extent possible, and the offending provision shall
be treated as though not a part of this Agreement. PALMER failure to act
with respect to a breach of this Agreement by you or others does not
constitute a waiver of its rights with respect to that breach or any
subsequent breach, nor shall it constitute a waiver of any other rights
under this Agreement.
If you have any questions or comments about the
PALMER web site, we invite you to call our customer service department at
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