Terms and Conditions of all sale and use of the website


Index

Website Access
Intellectual Property Notice
Digital Millennium Copyright Statement
Privacy Statement
Disclaimers
Details of Terms and Conditions of sale
Customer Returns

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: 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:
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

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

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:
Quotation: Cancellation: Shipping Dates: Inspection: Tolerances & Specifications: Claims: Disclaimers: Material: Certifications: Taxes: Minimum Order Value: Patents: Non-Recurring Engineering Service Charge: Transportation & Delivery: Terms: Packaging: Applicable Law Arbitration, time to cure, & junctions: Severability:

Customer Returns

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 10% (ten 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.