PLEASE READ: THIS IS A CONTRACT. BY BUYING AN ITEM FROM SEASTROM MANUFACTURING CO., INC. OR ACCESSING THIS WEBSITE, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS APPEARING BELOW. IF YOU DO NOT ACCEPT THESE TERMS THEN PLEASE DO NOT BUY OUR PRODUCTS OR USE THIS WEBSITE

Website Access

COPYRIGHT NOTICE: The materials on this web site are the property of Seastrom Manufacturing Co., Inc. and all rights are reserved. You are hereby authorized to view, copy, print, and distribute these materials subject to the following conditions:

• Any copy of these materials or any portion thereof must include the above copyright notice using text at least as large as all other material and must be discernable from all views; and Seastrom Manufacturing Co., Inc. may revoke or modify any of the foregoing rights at any time.
• You also expressly agree that you will not use any robots, spiders, or other automatic or manual device or process to interfere or attempt to interfere with the proper working of our web site, nor act as a conduit for others to affect the same result.

 
Intellectual Property

This web site contains information that is patented and/or trademarked and/or copyrighted by Seastrom Manufacturing Co., Inc. All rights are reserved. Copyright 2008. Errors in the description, photography, or typographical errors are subject to correction at the sole discretion of SEASTROM MANUFACTURING CO., INC. No license to use or reproduce any of these trademarks or other trademarks on this web site is given or implied. All other brands and product names are the trademarks of their respective owners. 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 website solely for your own non-commercial use. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website. All trademarks, service marks and trade names of SEASTROM used in the website (including but not limited to the SEASTROM name, the SEASTROM under the wave design, the PURELY CUSTOM.COM name and design are trademarks or registered trademarks of Seastrom Manufacturing Co., Inc. They may not be used without Seastrom’s prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending, are the sole property of Seastrom and/or its licensors.

 
Digital Millennium Copyright Statement

The Digital Millennium Copyright Act U.S. Code Title 17 § 512 (DMCA) requires a designated agent available for notification by third parties. Seastrom hereby designates the following person and the methods of communication for that person:

Name: Robert A. Seastrom
Address: 456 Seastrom Street Twin Falls, Idaho 83301 USA
Phone: 208-737-4300
Fax: 208-734-7222
Email:info@seastrom-mgf.com

NOTE: YOU MUST or we will take NO ACTION

Please use at least two (2) of the above notification methods or more if you need action taken quickly

• Provide a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identify the right that has been infringed.
• The location on our site that the infringement of that right has occurred and exactly what you want removed or taken down.
• Information reasonably sufficient to permit us to contact you.
• A statement that you or the party you represent has a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Knowing misrepresentation of any of the above facts shall make the misrepresenting party liable for all damages, including costs and attorney’s fees.

If all of the above terms have been followed exactly then we will:

Take down, remove or disable the complained of material and investigate the matter fully. If we believe there has not been an infringement we reserve the right to put the material back up if after notification to you, you can not substantiate your claims.; UNLESS:

We receive notice from you or your representative that an action has been filed seeking a court order restraining the use of the complained of material.

 
Privacy Statement

Seastrom Manufacturing Co., Inc. values its customers and all technically feasible steps are taken to protect their privacy. In general, when you visit our web site and access information, you remain anonymous. Collected information is used to respond to online queries, gather account information, supply requested information on Seastrom Manufacturing Co., Inc., products and services, ship ordered products, establish approved links, and for internal market analysis. We do not sell or rent personal information to third parties.

Our web servers collect the domain names of visitors to our sites. This information is aggregated to determine the number of visits, average time spent on our web site, the pages viewed by visitors, and other similar information. We use this information to measure web site usage and to improve the content and value of our web site. Some of our web pages may contain "cookies," which send and store data on your web browser. These are temporary cookies which will expire when you close your browser, and are only used to serve you better while you are using our site. Most web browsers can be configured to not accept cookies, or to notify you if a cookie is sent to you.

This web site may contain links to other third party sites. We take steps to link only to sites that share our high standards and respect for privacy. However, we are not responsible for the privacy standards and practices of third parties. Seastrom Manufacturing Co., Inc. strives to keep online visitor information secure against unauthorized access and use. We may update this policy from time to time and revisions will be posted to this web site.

Seastrom Manufacturing Co., Inc. does not intend to collect personally identifiable information from children under age 13 without permission of the child's parent or legal guardian. Children under the age of 13 should submit personally identifiable information to Seastrom Manufacturing Co. Inc., only with the explicit permission of their parent or legal guardian. If your child has submitted personal information and you would like to request that such information be removed, you may do so by contacting the Sales and Marketing Manager at Seastrom Manufacturing Co., Inc. at 208-737-4300 and reasonable efforts will be used to comply with your request.

 
Disclaimers

This contract specifically modifies the time you may bring suit as a result of any possible liability we have in association with the sale of any of our products. This contract also requires arbitration and has a liquidated damages clause limiting how you can file suit and the amount of damages for which we can be liable. You specifically agree to these changes no matter what your states product liability or other statutes say and agree that these changes are reasonable.

Nothing on this web site will be construed as conferring any license of or by Seastrom Manufacturing Co., Inc., rights or any third party rights. Although the information is provided on this server to anyone, we retain the copyright on all text and graphic images. This means you may not distribute the text or graphics to others without the express written permission of Seastrom Manufacturing Co., Inc. or modify or re-use the text or graphics without the express written permission of Seastrom Manufacturing Co., Inc., It is expressly forbidden to use either Seastrom Manufacturing Co., Inc. URL, meta-tags, or other embedded web site information to effect any “matchmaker” advertising by third parties, or to act as a conduit for others to effect the same result. You may print copies of the information for your own personal use as well as distribute the product catalogs in pdf format.

Seastrom Manufacturing Co., Inc., also reserves all other rights, including the right to make changes or corrections at any time without notice. You are prohibited from posting on this web site or transmitting to this web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, objectionable or profane material or any materials that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Seastrom Manufacturing Co., Inc., will fully cooperate with law enforcement authorities or court orders requesting or directing Seastrom Manufacturing Co., Inc. to disclose the identity of or help identify anyone posting any such information or materials on this web site. Seastrom Manufacturing Co., Inc. makes no commitment to update the information provided herein. The information, text, graphics, and links on this web site are provided by Seastrom Manufacturing Co., Inc. as a convenience to its customers.

This web site may contain content not generated by Seastrom Manufacturing Co., Inc. and Seastrom Manufacturing Co., Inc. is not responsible for any third-party content. The name of Seastrom Manufacturing Co., Inc. or the Seastrom Manufacturing Co., Inc. logos and trademarks may not be used in advertising or publicity pertaining to distribution of the information on or linked to this web site or any other server or "hot-linked" sites without specific, written prior permission. Seastrom Manufacturing Co., Inc., makes no representation or warranties about the accuracy, currency, completeness, or suitability of the information provided on this web site and will not be liable for any use of this information for any purpose. The information on this web site could contain technical inaccuracies or typographical errors, and information may be changed, updated, and deleted without notice. Seastrom Manufacturing Co., Inc. may make improvements and/or changes in the products and/or the programs described on this web site at any time.

The material provided on this web site is protected by law, including, but not limited to, United States patent law, copyright law, trademark law, and international treaties. This web site is controlled and operated by Seastrom Manufacturing Co., Inc., in the State of Idaho, United States of America. Seastrom Manufacturing Co., Inc., makes no representation that materials on this web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.

SEASTROM MANUFACTURING CO., INC. DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED ON THIS WEB SITE OR OTHER SITES "HOT LINKED" TO OR FROM THIS SITE, INCLUDING ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SEASTROM MANUFACTURING CO., INC. BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, BUSINESS INTERRUPTION, SALES, OR PROFITS, WHETHER IN A CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF ACCESS TO, USE OF, OR IN CONNECTION WITH THE USE, INABILITY TO USE, ACCURACY, SUITABILITY, OR PERFORMANCE OF THIS INFORMATION, EVEN IF SEASTROM MANUFACTURING CO., INC. IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ALL SUCH DISCLAIMERS INCLUDE, BUT ARE NOT LIMITED TO UCC § 2-314, 2315, 2316.

ANY CLAIM RELATED TO THE INFORMATION ON THIS WEB SITE WILL BE GOVERNED BY THE LAWS OF IDAHO WITHOUT REGARD TO CONFLICTS OF LAW RULES. IN THE EVENT OF ANY DISPUTE REGARDING THIS WEB SITE, THE PARTIES IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE IN THE COURTS IN TWIN FALLS COUNTY IN THE STATE OF IDAHO, IN CONNECTION WITH ANY DISPUTE ARISING UNDER A STATE CLAIM INVOLVING THIS AGREEMENT OR WEB SITE AND TO THE FEDERAL DISTRICT COURTS, STATE OF IDAHO, IN CONNECTION WITH ANY DISPUTE ARISING UNDER A FEDERAL CLAIM INVOLVING THIS AGREEMENT OR WEB SITE.

SEASTROM SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF SEASTROM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EVEN IF THAT DAMAGE IS FORSEEABLE AND SEASTROMS ACTS OR FAILURE TO ACT IS NEGLIGENT, WILLFULLY NEGLIGENT OR EVEN ARGUABLY INTENTIONAL. ALL PRODUCTS ARE BEING SOLD “AS IS.” THERE SHALL BE NO THIRD PARTY BENEFICIARIES OR REMOTE PURCHASERS OF ANY SALES.

NOTWITHSTANDING THE OTHER PROVISIONS OF THIS CONTRACT, IF SEASTROM IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, SEASTROM‘S LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO SEASTROM IN ASSOCIATION WITH YOUR CLAIM PLUS US$100.00 AS LIQUIDATED DAMAGES.

 
Details of Terms and Conditions of sale

For the purpose of convenience, Seastrom Manufacturing Co., Inc will be referred to as “Seastrom” and subcontractor will be referred to as “Supplier” and the material and/or articles will be referred to herein as " Materials."

Description:

The product descriptions in our catalog and on this web site have been designed to provide the user with practical information for application selection. However, since it is not possible to include finite detail on all parts, the user should contact us for any information not included in the description, which may be critical for his application. Rejections can be accepted only for failure of parts to meet published specifications but not such things as flatness, color, finish specifications, tolerances, burr conditions, etc. when not covered in the descriptions.

Quotation:

• Subject to the terms and conditions hereinafter noted this quotation is firm for five (5) days from the date hereof, supersedes all previous quotations, and is expressly conditioned upon the sellers receipt of an order for said products and products availability is subject to prior sale.
• Stenographic and clerical errors are subject to correction.
• Prices are based on quantities quoted for shipment at one time.
• The information contained in our catalog and on our web site including the terms and conditions stated therein, are intended by the parties as the final expression of their agreement and are intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used. The terms and conditions hereof cannot be amended or modified, except in writing signed by both parties. Buyer’s terms and conditions shall not be effective if in conflict with Seller’s as stated herein unless expressly agreed in writing by Seller.
• Prices are based on Buyer’s acceptance of over shipment up to ten percent (10%) on each Individual part ordered in quantities in excess of 100. Where exact counts are required an extra charge may be made.
• Stock on hand is subject to prior sale. Lead times are estimated and actual delivery times are set at the time that an order is received and processed. Availability of material may affect final delivery dates.

Cancellation:

Order cancellation requests are reviewed prior to final cancellation. Final cancellations must be received in writing. In the event Buyer cancels the order the Buyer shall be liable for and make payment to the Seller for all expenses incurred in the performance of the order including but not limited to contract value for any parts completed, material and subcontractor commitments, costs and profits on work in progress, and any collection costs incurred, including reasonable attorneys’ fees. If Buyer becomes bankrupt or insolvent, or a receiver is appointed of the business or of the assets of Buyer, Seller may forthwith terminate any and all agreements by written notice thereof to Buyer. Such termination shall not prejudice Seller’s rights to such amounts as are then due.

Shipping Dates:

Shipping dates are based on conditions at time of quotation and are subject to changes at time order is placed. All reasonable effort will be made to fill orders within the time promised. In no event will Seller be liable for any consequential damages for delay in or failure to perform whether within his control or not. Unless explicitly called out on Customer’s purchase order using a “DO NOT DELIVER BEFORE” date, Seller will ship parts as soon as they are ready. Unless explicitly called out on Customer’s purchase order, Seller will ship parts in reasonably sized partial shipments, based on quantity available.

Tolerances & Specifications:

• Seller’s standard parts shall be subject only to specifications set forth in Seller’s catalog and web site. Any special Buyer requirements not defined in the catalog or web site such as flatness, color, burr condition, etc., must be agreed upon, in writing, by the parties prior to the execution of the Purchase Order Acknowledgement.
• On parts made to Buyer’s drawing, Seller’s liability shall be limited exclusively to clearly defined drawing, dimensions. Tolerances and specifications are subject to any exceptions taken by Seller in quotation or by Purchase Order Acknowledgement. In the absence of a clearly defined drawing, Seller will follow standard stamping industry practice as outlined in American Metal Stamping Design Standards and/or in Seastrom Manufacturing Standards Journal.
• On a part defined only by Buyer’s sample and/or description, Seller will at time of order submit to Buyer a detailed drawing to said part with an assigned part number for his record and review. It shall be the sole responsibility to the Buyer to promptly advise the Seller in writing of any discrepancies on the drawing.
• Material thickness tolerances shall be standard material manufacturer's tolerances unless otherwise agreed to in writing.

Claims:

The Seller’s liability for delivered parts shall be limited to material, workmanship and conformance to agreed on drawings and/or related specifications before the Buyer uses them. All claims for count or weight must be in writing and received by the Seller within ten (10) days after receipt of shipment by Buyer. All claims by the Buyer for defective material or workmanship must be in writing and be received by the Seller within ten (10) days after receipt of the shipment by Buyer. Seller shall be permitted a reasonable time and opportunity to investigate claim. Failure to make any claim within ten (10) days shall constitute an irrevocable acceptance of the shipment and an admission that the goods shipped fully comply with all terms, conditions, and specifications of the order. If any such claims are sustained to the satisfaction of the Buyer and Seller, Seller shall repair, replace or at Seller’s option issue a credit. Buyer’s sole and exclusive remedy for any defects in workmanship or materials attributable to Seller shall be the repair or replacement or a credit for said goods. Goods shall not be returned to Seller until after receipt by Buyer of Seller’s shipping instructions and a Return Merchandise Authorization (RMA). Once an RMA is issued, all authorized returns must be received by Seller no later than thirty (30) days from the date of Sellers receipt of original shipment.

Disclaimers:

See Disclaimers above.

Material:

Delivery is based on Seller being able to obtain material at time of order. Seller assumes no liability for damage to Buyer-furnished material during handling or processing although all reasonable care will be exercised to protect it. When Buyer furnishes material an additional 10% shall be supplied by the Buyer to assure completion of the order. If for any reason insufficient material is provided, then the order will be considered complete and billed at the quantity produced. Seller assumes no liability for work or damage to its parts when performed by Buyer or his agent. Because of Seller’s inability at time of quote to predict a fixed cost of materials, prices quoted herein are subject to adjustment on the basis of prices prevailing at time of receipt of order as well as during the life of the order if more than one buy has to be made due to a scheduled delivery. Unless otherwise stated, all scrap generated by this order whether furnished by Buyer or Seller will belong to Seller.

Certifications:

Certificates of Conformance are provided at no charge. Materials and processes will be certified on Seller’s standard form at the cost of $30.00 per part number and must be requested at the time the order is placed. Certifications for other professional services (if any) will be determined upon the request of Buyer. Extra copies or additional documentation required subsequent to the placement or completion of an order will be charged for on the same basis.

Taxes:

The amount of any present or future sales tax or any similar tax applicable to the goods sold hereunder shall be added to the purchase price specified herein and shall be paid by Buyer in the same manner and with the same effect as if originally added thereto; provided, however, that such sales tax or similar tax may be billed separately. Buyer’s material dies or tooling shall not be insured by Seller unless specifically requested in writing by Buyer, and if so requested shall be at Buyer’s valuation and expense.

Minimum Order Value:

Seller reserves the right to require minimum order quantities and/or values.
Orders are considered complete when the shipped quantity is within plus or minus ten percent (±10%) of the ordered quantity.

Patents:

It is not the intention of the Seller to manufacture any product, which is an infringement of a patented article. The Seller makes parts strictly to specifications furnished by the Buyer. It is agreed that the Buyer shall defend and hold harmless the Seller from any and all expense involved in any claims for damages from infringements of letters of patent by the use or sale of parts made by the Seller, either as such, or as parts or units of complete entities. Buyer does not assume responsibility for parts made on equipment violating licenses.

Non-Recurring Engineering Service Charge:

On special “first order” products a nominal charge is made to cover part of the costs of necessary engineering and special items to be used in conjunction with Seller’s existing universal equipment as required to manufacture the Buyer’s product. These special items remain the property of the Seller and are maintained in production condition by the Seller at no cost to the Buyer and used exclusively for the Buyer’s product (except with Buyer’s written permission). Special items inactive for a period of three (3) years may be scrapped at option of Seller. Any product changes made by the Buyer requiring physical changes will be charged for. Unless otherwise stated the set up cost is included in the part prices. An additional set up charge will be made, at Seller’s discretion, where pre-production samples are requested after order is placed.

Transportation & Delivery:

Parts carried in stock normally will be shipped within 48 hours after receipt of order. Any special buyer requirements must be otherwise specified by the buyer in writing and agreed to by Seller. Goods are sold F.O.B. Sellers plant, Twin Falls, Idaho, USA. In the absence of Buyer’s shipping instructions, Seller will use its own discretion in choice of carrier. Seller assumes no responsibility for loss or damage during shipment. All shipping risks are assumed and accepted by buyer. If, at option of seller, shipping insurance is acquired by seller for the benefit of buyer, the cost of said insurance is the responsibility of buyer. In the absence of a signed written agreement to the contrary, Seller assumes no responsibility for destruction or partial loss due to fire, or any other casualty.

Terms:

All orders must be paid for at the time of order with the exception of authorized orders placed on accounts that have open terms. Open accounts are upon approved credit. All other cash or terms to be arranged and evidenced by a signed writing. For consideration of an open account the buyer is required to submit to Seller a fully completed credit application in a form and content satisfactory to Seller. Seller retains the right to assess a service charge of 1.5% per month (18% per annum) to be charged on any amount not paid within the terms of the invoice. Buyer agrees to pay all legal and collection costs and attorney fees incurred by Seller in collecting any amounts due to Seller. Buyer agrees to pay seller $35.00 for each dishonored check. Buyer agrees that all purchases initiated in written, verbal, or electronic form are a binding commitment to purchase. Buyer is responsible for the use of any company credit cards(s) utilized by Buyer to pay for goods and services ordered from Seller. Buyer is solely responsible for the continuous maintenance of accurate information in the Buyers account profile.

In the event that buyer transmits payment to seller via wire transfer, buyer is responsible to pay all wire transfer costs incurred by seller in receiving said payment.

Packaging:

All parts are shipped bulk packaged and package identified only to good commercial packaging practices.

Applicable Law

All rights and obligations of the parties hereto shall be governed and determined by the Laws of the State of Idaho.

Arbitration, time to cure, & junctions:

Before an arbitration may be filed the aggrieved party must notify the other party of the problem and provide the other party ten (10) days to cure the problem This does not apply to situations where an injunction may be necessary. All parties to this agreement specifically agree to binding arbitration in Twin Falls, Idaho. This arbitration shall follow the expedited rules of the American Arbitration Association (AAA), but does not have to use the AAA itself as parties may each choose one arbitrator, each of whom shall choose the third arbitrator. In such an arbitration discovery shall be limited to a total of 40 requests. The arbitration shall consist of a sixty (60) day discovery period and then each party shall have thirty (30) days to submit a brief that shall be no more then ten pages, single spaced with 1 inch margins, 12 pt font. There shall be a hearing in Twin Falls, Idaho within ten (10) days after both parties submit their statement.

Not with standing the above, the parties hereby agree that the breach of any of the intellectual property terms herein would bring about a situation with a remedy at law would not be sufficient and Seastrom may apply to a Court of competent jurisdiction for an injunction or other equitable relief, without the necessity of actual money loss being proven.

Severability:

If any provision of these terms and conditions are deemed unenforceable, such provision shall be severed and in no way should affect the remaining provisions, which will remain in full force and effect.

 
Customer Returns

All items must be returned in the original packaging, RMA number on the outside of package within (15) days of notice sent to Buyer.

The Seller’s liability for delivered parts shall be limited to material, workmanship and conformance to agreed on drawings and/or related specifications before the Buyer uses them. All claims for count or weight must be in writing and received by the Seller within ten (10) days after receipt of shipment by Buyer. All claims by the Buyer for defective material or workmanship must be in writing and be received by the Seller within ten (10) days after receipt of the shipment by Buyer and the Seller permitted a reasonable time and opportunity to investigate claim. Failure to make any claim within ten (10) days shall constitute an irrevocable acceptance of the shipment and an admission that the goods shipped fully comply with all terms, conditions, and specifications of the order. If any such claims are sustained to the satisfaction of the Buyer and Seller, Seller shall repair, replace or at Seller’s option issue a credit. Buyer’s sole and exclusive remedy for any defects in workmanship or materials attributable to Seller shall be the repair or replacement or a credit for said goods. Goods shall not be returned to Seller until after receipt by Buyer of Seller’s shipping instruments.

Seller reserves the right to charge Buyer a restocking fee; which shall be the greater amount of $25.00 (twenty-five U.S. dollars) or 35% (thirty-five percent) of the total cost of RMA Refunded items, plus any applicable shipping and handling fees. Seller will not accept the return of any parts prior to issuing a Return Merchandise Authorization (RMA). In the event that Buyer returns parts to Seller without said RMA, said parts will be returned to Buyer freight collect. If Buyer desires to request an RMA, CONTACT the Seller’s customer service department at info@seastrom-mfg.com or 1-800-634-2356 for assistance.