Sparky Abrasives recognizes that privacy is important. Sparky
Abrasives may request personal information from you via Internet forms,
such as your name, e-mail address, company name, company address,
telephone number, etc., to which your response is completely voluntary
Sparky Abrasives will use this information for business purposes only,
such as providing you with literature and information you request
through trade publications, trade shows and direct contact with Sparky
Abrasives. Sparky Abrasives may also use this information to alert you
to new products and services.
Sparky Abrasives collects domain information as part of site use
analysis. This data enables us to enhance our web-based offerings by
tracking browser information, how often visitors view site content and
which site content is viewed most often. This information is collected
automatically and requires no action on your part.
Sparky Abrasives does not share any information collected via the Internet with third parties.
Sparky Abrasives does provide links to other sites that are not
maintained by Sparky Abrasives or its partners. Sparky Abrasives does
not endorse these sites and is not responsible for site content. When
you visit these sites, Sparky Abrasives encourages you to read
individual site privacy policies, as their standards may differ.
Sparky Abrasives reserves the right to change, modify, or update this privacy policy at any time without notice.
If you have any further questions about FMS Corporation's privacy policies, please direct your e-mail to: sales@sparkyabrasives.com.
Terms and Conditions of Sale
- APPLICATION OF TERMS. The following
terms and conditions shall govern the sale by Sparky Abrasives
("Seller") to the entity ("Customer") named on the invoice, quotation
or acknowledgment that will be provided to Customer for the sale of
products sold by Seller (the "products"). Customer agrees to be bound
by and accepts these terms and conditions and acknowledges that these
terms and conditions supersede any terms and conditions of any purchase
order or similar document placed by Customer and are a condition to
Seller's obligations hereunder. Any attempt to modify, supplement or
amend these terms and conditions will be void unless agreed to in
writing by Seller. Seller retains the right to revise or modify these
terms and conditions of sale at any time without notice, with said
revisions and modifications applying to sales of products subsequent
thereto.
- PAYMENT TERMS; ORDERS. All orders are
not binding on Seller unless accepted by Seller. Acceptance is
determined at the sole discretion of Seller and orders can be rejected
for any reason at any time. Customer may not cancel or modify orders,
except with Seller's written consent. Customer shall pay invoices upon
receipt from the date of the invoices unless Seller has agreed to
other terms, in writing, or unless Seller requires C.O.D. payment or
credit card payment. International deliveries require irrevocable letter
of credit, or payment by Visa or MasterCard, unless Seller has agreed
to other terms in writing. Electronic transfer of funds upon shipping
is also acceptable; however, the customer is responsible for any fees
associated with electronic transfer of funds. All quotes and sales are
in U.S. dollar currency. Customer agrees to pay interest on all past
due sums at the lesser of 1.5% per month or the highest rate allowed by
law. If Customer breaches any provision in this paragraph, Seller
shall be entitled, in addition to all other available remedies, to
recover all collection costs, including but not limited to attorney
fees.
- SHIPPING; TAXES. All products purchased
by Customer will be shipped F.O.B. Seller's facilities. Prices do not
include shipping and handling charges, sales, use, excise, gross
receipts, import and export taxes or similar taxes, customs charges or
duties. Customer is responsible for all such taxes and charges unless
seller has agreed to other terms in writing.
- TITLE AND RISK OF LOSS; DELIVERY. Title
and risk of loss shall pass to Customer upon delivery to Customer from
Seller's facility. "Delivery" shall mean the point at which Seller or
Seller's agent turns over possession of the products to any of the
following: Customer, Customer's employee or agent, a common carrier, or
Customer's warehouse, and not necessarily the final destination shown
on any invoice, quotation, acknowledgment or order. Seller may deliver
the products ordered in installments. Any delivery or shipment dates
given by Seller are estimates only and Seller is not liable for any
loss, damage, cost or expense for any failure to deliver in accordance
with the given delivery or shipment date.
- DISCLAIMER OF WARRANTIES. With the
exception of any separate written warranty provided by seller for the
products being sold, seller makes no representations or warranties
regarding the products being sold and all warranties, express or
implied, are hereby disclaimed (including implied warranties of
merchantability and fitness for a particular purpose). No oral or
written information or advice given by Seller, its dealers,
distributors, agents or employees shall create a warranty or in any way
increase the scope of any warranty, and no such persons have authority
to modify any aspect of any warranty or create any other warranties.
- LIMITATION OF DAMAGES. Under no
circumstances shall seller be liable for any indirect, special,
punitive, incidental, or consequential damages resulting from the sale
or use of the products, whether based upon breach of warranty, breach of
contract, negligence, strict liability or any other legal theory, and
the liability of seller in connection with such sale or use of any
products shall not exceed the price of the products on which such
liability is based. Such damages include, but are not limited to, loss
of profits, loss of revenue, loss of use of the products or any
hardware system associated equipment, cost of capital, cost of
substitute or replacement equipment, facilities or services, down time,
purchaser's time, claims of third parties, including customers, and
injury to property.
- SELLER PRODUCTS AVAILABILITY. Product
availability may be limited. Products may not be available for
immediate delivery. Seller reserves the right, without liability or
prior notice, to revise or cease to make available any or all products.
- FORCE MAJEURE. Seller shall not be
liable if it is unable to perform any of its obligations contained in
these terms and conditions due to directly or indirectly, the failure
of seller's supplier to deliver as promised; sabotage; failure or
delays in transportation, utility service or commun