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ACCEPTANCE
OF YOUR ORDER IS LIMITED BY THE TERMS AND CONDITIONS CONTAINED HEREIN. ANY
DIFFERENT OR ADDITIONAL TERMS AND CONDITIONS IN YOUR ORDER FORM ARE
HEREBY OBJECTED TO. IF
ANY OF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO BUYER, CONSOLIDATED
PLASTICS COMPANY INC. (CONSOLIDATED PLASTICS) MUST BE NOTIFIED PROMPTLY
IN WRITING.
INTENDED USE: THE MATTING PRODUCTS ON THIS WEBSITE ARE NOT FOR USE IN OR AROUND SWIMMING POOLS, SPAS, HOT TUBS OR LOCKER ROOMS. USE OF THESE PRODUCTS IN SUCH AREAS MAY CAUSE INJURY OR HARM.
PRICES & SPECIFICATIONS: Prices, colors, specifications and availability are subject to change without notice. Published sizes for mats are approximate and may have a variance of plus or minus 3" in manufacturing. We reserve the right to invoice merchandise at prices prevailing at time of shipment.
QUANTITY
DISCOUNTS: All quantity
discounts shown on this website are per part number. You
cannot combine different part numbers to obtain a quantity discount.
INVOICE
TERMS: Net 10 days. Please
pay this invoice in U.S. Dollars, no statement will be sent. Finance
charge of 1 ½% per month or maximum allowable by law will be added
to past due balance.
OPEN
ACCOUNT: We will ship
same day on open account to firms with satisfactory rating in Dun
and Bradstreet, otherwise three credit references are required and
shipment will be made upon completion of credit investigation. Mastercard and
VISA orders are accepted.
SALES
TAX: Ohio customers will
be invoiced Ohio State Sales Tax, unless a tax exemption certificate
is furnished to seller.
SHIPPING/DELIVERY
TERMS: F.O.B.
Shipping Point. Shipping, insurance and handling charges prepaid and added to the invoice.
CANCELLATIONS: Some
items may not be subject to cancellation. Please
contact Customer Service for further detail.
RETURN
POLICY: A return authorization number is required and no merchandise may be returned after 30 days. Any authorized merchandise must be carefully packed, sent freight prepaid and in saleable condition to be accepted for return. 15% restocking charge on all returned product. Some items may not be subjet to return including but not limited to custom orders, discontinued items and large quantity orders.
PRODUCT
WARRANTY: Only such warranties
as are made by the manufacturer of the goods are available to the
Buyer. SELLER MAKES
NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS
OR IMPLIED; AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE IS HEREBY DISCLAIMED BY THE SELLER. Seller
shall not be liable for any consequential damages, loss or expense
arising from the use of or the inability to use the goods for any
purpose whatsoever.
LIMITATION
OF LIABILITY: Any liability
for consequential and incidental damages is expressly disclaimed.
Consolidated Plastics' liability in all events is limited to and
shall not exceed the purchase price paid. Consolidated Plastics is
not responsible for errors or omissions in typography or photography.
CONTROLLING
LAW: The
validity, construction and enforcement of the purchase agreement
between Consolidated Plastics and Buyer shall be governed by and
interpreted under the laws of the State of Ohio. In
the event of any dispute arising out of this agreement, you consent
to the personal jurisdiction of the federal and/or state courts located
in the County of Summit, State of Ohio, United States of America
and you consent to service of process by United States mail at the
billing address and you waive any objection to venue.
Terms of Use
Welcome to Consolidated Plastics
Co. Inc. (Consolidated Plastics) website (the "Site"). Please feel
free to browse the Site and our products. These Terms of Use should
be read carefully upon visiting the Site, using the Site, or purchasing
any of our products. Please check back periodically, as Consolidated
Plastics reserves the right to modify the terms and provisions set
forth herein from time to time.
Acceptance of Terms
By visiting or using the Site
you accept the terms and provisions set forth herein. If you do not
agree with all of these terms or provisions, do not visit or use the
Site. Visiting and using the Site is expressly conditioned upon
your assent to all the terms and provisions set forth herein.
Content
While Consolidated Plastics uses
reasonable efforts to include accurate information on the Site, Consolidated
Plastics does not guarantee the accuracy, integrity, or quality of
any material that is found on, in connection with, or posted to our
Site. Consolidated Plastics has no liability for any material associated
with or found on our Site including for any errors or omissions in
the content of the Site. Further, Consolidated Plastics, although it
may choose to do so, is under no obligation to record or retain any
of the material on or associated with the Site, regardless of any requests
to do so.
Conduct
The Site may be used solely for
lawful purposes, and may not be used in such a manner as to violate
any applicable law. The Site may not be used for the purposes of destroying,
disrupting or interrupting any software, hardware or any part of the
Internet, including denial of service attacks, imposition of an unreasonable
or disproportionately large load on our infrastructure, or virus dissemination.
You may not use any robot, spider or other automated device to monitor
or copy the web pages of the Site or the contents therein without the
express written permission of Consolidated Plastics. Consolidated Plastics
reserves the right to prohibit use of the Site by any user who, in
our sole discretion, violates any of these Terms of Use.
Information You Send To Us
Except for certain financial information,
including your credit card number, any communication or material you
transmit to the Site by electronic mail or otherwise, including any
questions, comments, suggestions, or the like is, and will be treated
as, nonconfidential and non-proprietary. Except for such financial
information, anything you transmit may be used by Consolidated Plastics
or its affiliates for any purpose, including, but not limited to, reproduction,
disclosure, transmission, publication, broadcast and posting, and you
grant Consolidated Plastics a royalty free, perpetual, irrevocable
non-exclusive license to reproduce, modify, adapt, create a derivative
work from, perform, distribute, or publish any such material. Furthermore,
Consolidated Plastics is free to use any ideas, concepts, know-how,
or techniques contained in any communication you send to the Site for
any purpose whatsoever including, but not limited to, developing, manufacturing
and marketing products using such information. Consolidated Plastics
reserves the right to disclose any material transmitted to us, or information
relating to such material, if required to do so by law or in good faith
belief that such records or disclosures are reasonably necessary to
(i) comply with the legal process; (ii) enforce the terms and provisions
contained herein; (iii) respond to any claim that material contained
on or associated with the Site is in violation of any right of any
third party; or (iv) to protect the rights, property, or personal safety
of Consolidated Plastics, its employees, its users, or the general
public.
Ownership
All materials on the Site created
or provided by Consolidated Plastics, including text, graphics, logos,
icons, and images, are the property of Consolidated Plastics or its
content providers, and are protected by United States and international
intellectual property laws. The compilation of all the content on this
Site is the exclusive property of Consolidated Plastics and is also
protected by United States and international intellectual property
laws. You may download, view, copy, and print the materials on this
Site for personal use only, provided that you do not remove or alter
any trademark, service mark, or logo, or any copyright or other intellectual
property notices. Except as provided above, you may not download, view,
copy, print, reproduce, distribute, republish, display, post, transmit,
or modify any material, or portion thereof, located on the Site in
any form or by any means without the prior written consent of Consolidated
Plastics. Consolidated Plastics reserves the right to revoke any of
the rights granted herein at any time, and those rights automatically
terminate if you violate any of the terms or provisions herein. Upon
revocation or termination of such rights, you must destroy any digital
or printed copies obtained from any portion of the Site. Unauthorized
use of any material on Consolidated Plastics may violate copyright
law, trademark law, and other laws of the United States and other jurisdictions.
All rights not expressly granted herein are reserved.
Consolidated Plastics and the
Consolidated Plastics Logo are the trademarks of Consolidated Plastics.
The trademarks, service marks, and logos used on the Site are trademarks
of Consolidated Plastics or others. Nothing on the Site shall be construed
as granting, by implication, estoppel, or otherwise, any license or
right to use any trademark without the prior written consent of Consolidated
Plastics. The designations ä , ®, ©, SM or any other intellectual
property symbols reflect registration and/or use in the context of
United States laws as such relate to such intellectual property symbols.
Payment
Payment for products purchases
through the Site is governed by our Terms of Sale.
Links to Other Sites
The Site may contain links to
other web sites. Consolidated Plastics has no control over, and accepts
no liability, obligation, or responsibility for, the contents or performance
of other websites. Any such links do not necessarily constitute an
endorsement of or any representation regarding the linked website,
its content, its owner, its performance, or its owner’s products or
services.
Disclaimer of Warranties
Consolidated Plastics warrants
the products available on the Site as set forth in our Terms of
Sale or as described on the Site on a product-by-product basis.
EXCEPT FOR THESE LIMITED WARRANTIES, THE SITE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. CONSOLIDATED PLASTICS EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
PURPOSE, AND NON-INFRINGEMENT. CONSOLIDATED PLASTICS MAKES NO WARRANTY
THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED, OBTAINED, OR TRANSFERRED THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS, DESIRES, OR NEEDS; AND (v) ANY ERRORS IN THE SOFTWARE
WHICH COMPRISES THE SITE WILL BE CORRECTED.
Any material distributed, downloaded,
or accessed from the Site is done at your own risk and discretion.
You will be solely responsible for any damage to your computer system,
loss of data, or loss due to your downloading or reliance upon any
such material. Consolidated Plastics assumes no responsibility, and
will not be liable for, any damages to your computer equipment, software,
or other property as a result of your downloading, viewing, or otherwise
using the Site, any of its material, or any other site which contains
a link to the Site. No information or advice obtained from the Site,
whether oral or written, shall create any warranty not expressly stated
herein.
Limitation of Liability
IN NO EVENT WILL CONSOLIDATED
PLASTICS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSS
(EVEN IF CONSOLIDATED PLASTICS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM (i) THE USE OF OR INABILITY TO USE
THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED,
OBTAINED, OR TRANSFERRED OR SOUGHT TO BE PURCHASED, OBTAINED OR TRANSFERRED
THROUGH OR FROM CONSOLIDATED PLASTICS; (iii) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO
THE SITE OR SERVICE PROVIDED BY CONSOLIDATED PLASTICS. CONSOLIDATED
PLASTICS SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM UNDER THESE
TERMS OF USE WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND CONSOLIDATED
PLASTICS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO MECHANICAL,
ELECTRONIC, OR COMMUNICATIONS FAILURE OR DEGRADATION.
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Global Availability & Applicable
Laws
The Site may contain references
to Consolidated Plastics products, services, or programs that are not
available in your country. Such references are not intended to announce
such products, services, or programs in your country. Consolidated
Plastics makes no representation that access to the Site is permitted
under the laws of your country, and access to the Site is prohibited
anywhere such access would violate local law. You are responsible for
compliance with all applicable laws governing your access to the Site.
The use of the Site and any claim relating to it or its contents are
governed by laws of the state of Ohio, United States of America and
controlling federal law of the United States of America, without regard
to conflict of laws provisions.
The Site may not be accessed or
used by: (1) a national or resident of Cuba, Iraq, Libya, Sudan, North
Korea, Iran, Syria, or any other country upon which the United States
has imposed an embargo; or (2) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Denial Orders ("Embargoed Countries"). You hereby agree to
the foregoing and represent and warrant that you are not a national,
resident or under the control of any such country, or on any such list.
General Information
The sole jurisdiction and venue
of any action related to these Terms of Use shall be the Ohio State
Courts and the United States federal courts having within their jurisdiction
the location of Consolidated Plastics’ principal place of business,
and you and Consolidated Plastics agree to submit to personal and exclusive
jurisdiction of these courts. Any failure by Consolidated Plastics
to exercise or enforce any term, provision, or right established by
these Terms of Use shall not constitute a waiver of such term, provision,
or right. The terms and provisions set forth in these Terms of Use
are the complete and exclusive Terms of Use between Consolidated Plastics
and you and they supersede and cancel all previous agreements, communication,
and other understandings pertaining to these Terms of Use, except any
terms and conditions contained in the Privacy Policy or any other document
specifically referenced herein. In the event that any term or provision
of these Terms of Use is deemed invalid or unenforceable by a court
of competent jurisdiction, the term or provision shall be limited or
interpreted in such a manner as to render the remaining terms and provisions
valid and enforceable to the maximum extent allowed by law. These Terms
of Use do not create an agency, joint venture, or employment relationship,
and you do not have the right to bind Consolidated Plastics in any
respect whatsoever. The terms and provisions of these Terms of Use
may not be assigned, transferred, or sublicensed by you; however, Consolidated
Plastics reserves the right to assign these Terms of Use in part or
in whole to any third party. You agree that, regardless of any statute
or law to the contrary, any claim or cause of action arising out of
or related to these Terms of Use must be filed within one (1) year
after such claim or cause of action arose or be forever barred. The
section titles in these Terms of Use are for convenience only and do
not have any legal or contractual effect whatsoever.
Copyright © 2009 Consolidated
Plastics. All rights not expressly granted in these Terms of Service
are reserved. |