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PETERSON CARTRIDGE CO. (PCC) – TERMS & CONDITIONS OF USE
Conditions of Use
All content on this website is the exclusive property of Peterson Cartridge Co. Said content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright laws and we reserve all rights contained therein. In case of dispute or infringement, we will rigorously defend our rights to this material.
PROTECTING YOUR ACCOUNT
Some portions of this website permit username and passwords to be used. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account.
LICENSE AND SITE ACCESS
Peterson Cartridge Co grants you (the user) a limited license to access and make personal use of this website. This license does not include the right to download any material (other than routine page caching), modify any material, or any portion thereof, without the express written consent of Peterson Cartridge Co. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of Peterson Cartridge Co. You are prohibited from using meta tags or any other hidden text utilizing Peterson Cartridge Co 's name or trademarks without the express written consent of Peterson Cartridge Co. Any unauthorized use of this websites voids the limited license granted by Peterson Cartridge Co.
CONTENT SUBMITTED BY SITE USERS
If you do post content to this site or otherwise submit material (including, but not limited to, photographs and testimonials), you grant Peterson Cartridge Co and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Peterson Cartridge Co or its affiliates for all claims resulting from content you supply. Peterson Cartridge Co reserves the right to remove any content at our sole discretion.
LIMITATION OF LIABILITY
This site is provided by Peterson Cartridge Co on an "as is" and "as available" basis. Peterson Cartridge Co makes no warranties, either expressed or implied, as to the operation of the site or the content contained therein. You expressly agree that your use of www.petersoncartridge.com is at your own risk.
Peterson Cartridge Co cannot warrant that this site, our servers, or email communications affiliated with the use of this website, are free from viruses. Peterson Cartridge Co will not be responsible for any damages of any kind resulting from use of this website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
By visiting www.petersoncartridge.com, you agree that the laws of the state of Pennsylvania, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Peterson Cartridge Co.
CHANGES IN POLICY
Peterson Cartridge Co reserves the right to modify, alter, delete and update these policies at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions.
PETERSON CARTRIDGE CO. (PCC) – TERMS & CONDITIONS OF SALE FOR OEMs
1. ACKNOWLEDGMENT. Thank you for your order. Please review this acknowledgement and notify PCC with 48 hours of any discrepancies with your order.
2. SHIPMENTS. PCC reserves the right to deviate on shipments up to +/- 2,000 pieces from quantities specified on the order for custom headstamps.
3. ORDERS & BLANKET ORDERS. All orders, blanket orders, and change orders must be received in writing. Verbal orders and change orders must be confirmed in writing.
Blanket orders covering multiple shipments over a period of up to 18 months are welcome. Unreleased shipments at the end of the 18th month will be released to the Buyer and invoiced at that time.
In the event of an order cancellation, Buyer may be subject to a restocking fee, or price adjustment for prior shipments to reflect the lower quantity level on a blanket order. In addition, Buyer will be responsible for any materials, finished goods inventory, WIP inventory value, engineering cost, tooling, or other commitments made in connection with the blanket order. Orders for custom headstamps are non-cancelable.
PCC reserves the right to adjust pricing for any unreleased blanket order quantities should raw material pricing or other costs change significantly.
4. PAYMENTS. All order payments will strictly comply with the terms stated on the Sales Order Acknowledgement.
When payment is made via wire transfer of funds, PCC shall pay only the wire receipt fees imposed by its own bank, and no other. All fees imposed by the wiring institution, or any other government fees are the sole responsibility of the Buyer.
All freight, duties, taxes, or other fees related to the sale, shipment, payment or importation of product will be for the Buyers account. Shipments will be sent freight prepaid with insurance and invoiced to Buyer unless shipped on Buyer’s freight account.
Each shipment is a separate sale. If Buyer fails to pay within the timeframe stated on the invoice, PCC may withhold any future shipment or cancel the unperformed portion of the contract. Should Buyer fail to make payment in full within such timeframe, or within some other timeframe agreed upon between the parties, Buyer shall pay PCC a service charge on the unpaid balance in the amount of 1.5% per month.
5. TITLE AND RISK OF LOSS. The products are sold F.O.B. PCC’s loading dock. All freight will be from Buyers account. Title to and risk of loss of product will pass to the Buyer after the product is delivered to the carrier.
6. FORCE MAJEURE. PCC will be excused from the obligations of this contract to the extent that performance is delayed or prevented by any circumstances reasonably beyond its control, including but not limited to fire, explosion, flood, strikes or other labor troubles, unavailability of or interference with the usual means of transporting the product, availability of raw materials, or compliance with any law, regulation or request of any governmental authority. The occurrence of a Force Majeure situation shall act to suspend performance. PCC shall have the right to terminate any unperformed portion of the contract as a result of a Force Majeure situation. However, the duty of the Buyer to pay for product received is never suspended.
7. WARRANTY. PCC warrants that the product sold shall conform to its specifications; that it will convey good title thereto; that the product shall be delivered free from any lawful security interest or lien or encumbrance unknown to PCC. THERE IS NO WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
8. REMEDIES. PCC’s liability and Buyer’s exclusive remedy for any cause of action arising by reason of this transaction, whether based on negligence, strict liability or breach of warranty is limited to the value of the goods shipped or replacement of goods not conforming to specifications.
9. RETURNS. All returns must be pre-approved in advance by PCC in accordance with PCC Return Policy.
10. ACCEPTANCE. PCC’s acceptance of Buyer’s order is expressly conditional on Buyer’s agreement to the Terms and Conditions of Sale of this Sales Order Acknowledgement and PCC rejects any terms of Buyer’s order or proposal which conflict or add to them. Buyer’s acceptance of the Product shall constitute agreement to these terms.
11. ASSIGNMENT. The rights and obligations of this Sales Order Acknowledgement may not be assigned by the Buyer without the written consent of PCC. Should PCC consent to the assignment of the contract, it shall remain responsible for performance hereunder.
12. MODIFICATION. This document contains the entire agreement of the parties and all proposals, negotiations and representations, if any, made prior to and concerning this contract are merged herein. Any subsequent modifications to this contract must be in a writing stating an intention to modify the agreement and signed by an authorized representative of PCC.
13. UNIFORM COMMERCIAL CODE. This contract will be governed by the Uniform Commercial Code in effect in the State of Pennsylvania, USA. Jurisdiction will be in Butler County, Pennsylvania.
14. DISCLAIMER. PCC has taken measures to ensure that the sale to Buyer complies with federal law. State legislation changes so rapidly and varies from state to state that it is impossible for PCC to keep current on each State’s legislation. It is not PCC’s intention to sell items that are illegal in the Buyer’s state; however, there is no way PCC can ensure that every item sold will be legal for the Buyer to own. Therefore, it is the Buyer’s responsibility to ensure that the items that the Buyer purchases from PCC are legal to own in the Buyer’s state.
15. EXPORT SENSITIVE: ITAR CONROLLED
This product is subject to the Code of Federal Regulations Chapter 22 International Traffic in Arms Regulations. This product may not be resold, diverted, transferred, transshipped, made available to a foreign national within the United States, or otherwise disposed of in any other country outside of its intended destination, either in original form or after being incorporated through an intermediate process without the prior written approval of the US Department of State.
The word “product” as used herein shall include the plural and “PCC” refers to Peterson Cartridge Co. Buyer refers to PCC’s customer purchasing product.