Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Walker Industrial. The collective work includes works that are licensed to Walker Industrial. Copyright 2003, Walker Industrial ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Walker Industrial or purchasing Walker Industrial products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Walker Industrial or to purchase Walker Industrial products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Walker Industrial. You further agree not to change or delete any proprietary notices from materials downloaded from the site. Trademarks All trademarks, service marks and trade names of Walker Industrial used in the site are trademarks or registered trademarks of Walker Industrial Walker Industrial Products, Inc. Limited Warranty Walker Industrial Products, Inc. warrants its products to be free from defects in material and workmanship for one year following the date of shipment. Walker Industrial Products, Inc. have the right to repair or replace at our option, free of charge, any product of its manufacture which, at the time it is returned to the factory, is found to have been defective during the warranty period. This warranty does not cover damage or liability for misuse, abuse, or the improper application of the Walker product. THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND WHETHER ARISING UNDER COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE. This Warranty is exclusive and limited to repair or, at the discretion of Walker Industrial Products, Inc., replacement. IN NO EVENT SHALL WALKER INDUSTRIAL PRODUCTS, INC. BE LIABLE TO BUYER OR ANY OTHER PERSON OR ENTITY FOR ANY EXTRA COSTS, EXPENSES, LOSSES, LOSS OF PROFITS, OR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES RESULTING FROM ANY PRODUCT DEFECT OR FROM THE USE OR INABILITY TO USE THE PRODUCT, WHETHER ARISING IN CONTRACT OR WARRANTY, STATUTE, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE. Walker Industrial Products, Inc. reserves the right to change, modify or improve the design of the product without assuming any obligations or liabilities relating to any product previously manufactured by Walker Industrial Products, Inc. Typographical Errors In the event that a Walker Industrial product is mistakenly listed at an incorrect price, Walker Industrial reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Walker Industrial reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Walker Industrial shall issue a credit to your credit card account in the amount of the incorrect price. Term; Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Walker Industrial without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Notice Walker Industrial may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Walker Industrial. Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of Connecticut, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Walker Industrial products) shall be in the state or federal courts located in Connecticut. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Walker Industrial products) must be commenced within one (1) year after the claim or cause of action arises. Walker Industrial's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Walker Industrial may assign its rights and duties under this Agreement to any party at any time without notice to you. Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Walker Industrial or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Participation Disclaimer Walker Industrial does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Walker Industrial is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Walker Industrial reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Walker Industrial in its sole discretion. Indemnification You agree to indemnify, defend, and hold harmless Walker Industrial, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Third-Party Links In an attempt to provide increased value to our visitors, Walker Industrial may link to sites operated by third parties. However, even if the third party is affiliated with Walker Industrial, Walker Industrial has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Walker Industrial. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Walker Industrial seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). Returns After 30 days there are no returns on any items. If free shipping was offered on any items, the customer will now be responsible for the cost of the initial shipping in addition to the restocking fee. The restocking fee varies by manufacturer and part. Certain products are considered "custom parts" and are completely non-returnable and non-cancelable after the factory order is placed. If you observe that the box in which your items arrived in appears damaged by the shipping provider, you must contact us immediately upon receipt so we can arrange an on-site evaluation by our Shipping Provider. An RMA number is required for all packages shipped to Walker Industrial Products, Inc. by a customer, or the package will be refused automatically by our receiving department. To get an RMA number, please fill out the form and return via fax or email. |