Fabricmate Systems Inc. Terms & Conditions

Please read the following terms and conditions before using the Fabricmate Systems, Inc. web site. By accessing and using the site, you acknowledge that you have read, understood, and agree to comply with the terms and conditions contained within this agreement (“Agreement”).

Fabricmate Systems, Inc. may amend these terms and conditions at any time. Your continued use of this web site constitutes acceptance of the terms and conditions stated at the time of your use. You should visit this page prior to using this web site to determine the current terms and conditions to which you are bound.

Privacy

Fabricmate Systems, Inc. collects information about the users of this web site. Collection of this information is governed by the fabricmate.com Online Privacy Policy.

Registration Obligations

To access certain portions of this web site, you must register with Fabricmate Systems, Inc. by establishing a Personal Profile. Upon registration, you will be asked to select a username and password. You agree to provide truthful and accurate information during the registration process or when prompted to submit personal information through a form or e-mail request from authorized Fabricmate Systems staff. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate or incomplete, Fabricmate Systems, Inc. reserves the right to terminate your Personal Profile account and suspend your use of any and all services offered through this web site.

Reservations

Reservations are highly encouraged to ensure proper inventory is in stock and available, reservations will only be held for 30 days, unless other prior written arrangements are made. Reservations should be faxed, e-mailed or mailed in writing including product type, quantities and the dates  materials are to be delivered

Order Fulfillment/Shipping

Fabricmate Systems, Inc. makes every attempt to fill all orders in a timely manner, usually within 1-5 business days. However, sometimes due to circumstances beyond our control, or during high ordering periods an order may be delayed or back ordered.  If a delay or back order occurs, you will receive notification via e-mail or phone.  Back orders in most cases will ship no later than 6-8 weeks after receiving customer purchase orders

Please Inspect the Shipment Immediately

Fabricmate Systems, Inc. tries to ensure that your shipment is delivered to the highest standards of quality.  In the event that an error or damage occurs, the following procedure must be followed:

Damages/Loss

Any damage or loss incurred in transit is the responsibility of the carrier.

For UPS and Fed Ex shipments (and all other small package deliveries)

1.        Notify Fabricmate Systems within 5 business days of receipt.

2.        Retain the merchandise AND packing material for inspection by the carrier. Take photos of damage if possible.

For Common Carrier (truck) shipments

1.        Notify Fabricmate Systems within 5 business days of receipt.

2.        Retain the merchandise AND packing material for inspection by the carrier. Take photos of damage if possible.

3.        For common carrier claims, the carrier requires the recipient of the merchandise to file claims and receive reimbursement.

Returned Goods

Do not return any merchandise for any reason without first calling our Customer Service Department.  All unauthorized returns may be refused at our dock.  Stock items ordered in error may be returned (freight prepaid) for credit within 30 days less a 20% restocking charge, however, cut material is subject to a 40% restocking charge.  Returns over 30 days from invoice date will not be accepted.  Please have your shipping order number and date of delivery on hand when calling. 

 

Corporate Identification and Trademarks

All registered and/or unregistered trademarks and/or service marks used or referred to on the web site are the property of Fabricmate Systems, Inc. and/or its affiliates, unless otherwise noted. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these marks in any way without Fabricmate Systems, Inc.’s prior written permission. The use of Fabricmate Systems, Inc.’s trademarks on any other web site is prohibited.

Copyright

All materials contained on this web site are copyrighted except where explicitly noted otherwise. © 2007 Fabricmate Systems, Inc.  All rights reserved.

Proprietary Rights to Content

You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this web site, in sponsor advertisements or in other information presented to you (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Fabricmate Systems, Inc. gives you permission to electronically copy and print portions of the web site for your personal use. However, Fabricmate Systems, Inc. retains the copyright on all such materials. You understand and agree that you are permitted only to use this Content as expressly authorized by this Agreement and may not copy, reproduce, distribute or create derivative works from this Content without Fabricmate Systems, Inc.’s prior, express authorization.

Links

Fabricmate Systems, Inc. prohibits the use of Fabricmate Systems, Inc.’s trademarks as a “link” on or from any other web site unless Fabricmate Systems, Inc. has provided advance written approval to use the link.

Disclaimer of Warranties

Fabricmate Systems, Inc. makes no warranty that this web site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does Fabricmate Systems, Inc. make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this web site. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.

UNLESS EXPRESSLY PROVIDED OTHERWISE, FABRICMATE SYSTEMS, INC. PROVIDES THIS SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL FABRICMATE SYSTEMS, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF FABRICMATE SYSTEMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

FABRICMATE SYSTEMS, INC. MAKES REASONABLE EFFORTS TO PLACE ACCURATE INFORMATION ON THIS WEB SITE. NEVERTHELESS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT FABRICMATE SYSTEMS, INC. SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE WEB SITE CONTENT, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF FABRICMATE SYSTEMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE.

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless Fabricmate Systems, Inc., its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of this Agreement or in connection with your use of this web site or any product or service related thereto.

Governing Law

This Agreement and the relationship between you and Fabricmate Systems, Inc. shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to this Agreement or relating to use of this web site and the materials contained in this web site shall be resolved in a California court. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises, or will be barred forever.

Waiver/Severability

The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

Reservation of Rights

Any rights not expressly granted herein are reserved.