Acceptance Of Contract Terms
The following are terms of a legal agreement between you and Circle Bolt and Nut Co. Inc. (hereinafter "Circle"). By accessing, browsing and/or using this web site ("Site"), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. Provided you purchase any Goods or Products from Circle by using this Site, your purchase will be governed by the Terms and Conditions of Purchase contained in this Legal Disclaimer. Access to this Site is limited to viewing the linked web pages solely for legitimate business purposes to access the information provided by Circle.com on this Site. Circle reserves the right, at its sole discretion, to periodically revise these Terms of Access, Terms of Purchase, and Terms of Registration.
Circle places extreme importance on protecting information transferred on this Site and security precautions are taken to protect all such information. Circle continually reviews and updates the security methods implemented to protect information transmitted via this Site, including measures to secure and protect all personally identifiable information from loss, misuse, and alteration. Even though Circle takes measures to protect and secure all customer-related information from loss, misuse or theft, Circle cannot guarantee that all electronic commerce is completely secure. Any access or attempt to access to other areas of Circle's computer systems or the information contained on Circle's computer system is strictly prohibited. This Site is controlled and operated by Circle from its offices located in Kingston, PA U.S.A.
Site Information Use
Circle makes no representation that materials in the Site are appropriate or available for use in other locations, especially international locations, and access to them from territories where their contents are illegal is prohibited. This Site and certain areas on this Site may be linked to other Sites that are not maintained by Circle and are not subject to the same Privacy and other Policies. Circle is not responsible for the content of these other Sites. A link to another Site does not imply an endorsement, sponsorship or recommendation of the Site and Circle disclaims any liability for the links to and from this Site. Any cross-reference comparisons or references to competing products contained on this Site do not imply or suggest that in all cases the performance or functional equivalency of the referenced comparison is perfectly comparable. Circle, at its sole discretion, may at any time revise or modify the information contained in this Site.
Information Collected And Transmission
Circle may collect, compile and utilize various types of information from the parties accessing or visiting this Site. Transactional information from companies or individuals that purchase products from our Site may be collected and used by Circle as a database or to provide subsequent products or services to such parties. Such information includes, but is not limited to, shipping information, credit card holder name and card number/expiration date. This information is considered essential to the performance of online transactions. Additionally, this information may be collected to aggregate statistical information, enhance system administration or to improve the content of the Site. The information we collect will help Circle effectively enhance this Site, expand product growth and better serve our customers, which will result in continued customer satisfaction. Circle may use the information collected to notify Site visitors of changes to this Site, to notify Site visitors of new products, and for any other legitimate and lawful business purpose. Circle may choose to share information with some specific third parties, such as suppliers, financial institutions, and third party service providers, and with any successor Circle interest. Circle may disclose information about any Site visitor in response to subpoenas, investigative requests (with or without subpoena) and other legal process, to uphold Circle's legal rights and defend against legal claims. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, profane or other material that could give rise to any civil or criminal liability under the law. Any material, information or idea you transmit or post on this Site by any means will be treated as non-confidential and non-proprietary. CIRCLE WILL NOT GIVE, SELL OR OTHERWISE TRANSFER E-MAIL ADDRESSES MAINTAINED BY THIS SITE TO ANY OTHER THIRD PARTY FOR THE PURPOSE OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGE IN VIOLATION OF TITLE 15, CHAPTER 103 OF THE UNITED STATES CODE.
All remarks, suggestions, ideas, graphics or other information communicated to Circle through this Site will forever be the property of Circle. Unless otherwise specified in writing, all material submitted to circlebolt.com will be presumed to be public and circlebolt.com will not be required to treat such information as confidential. Circle shall have exclusive ownership rights of present and future existing rights in the information provided, without compensation to the person sending the information.
The copyright in all material provided on this Site is held by Circle or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Circle or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided that you do not modify the materials and you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not, without Circle's written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any and all material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Circle and others. Nothing on this Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. Circle aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Circle or the Circle logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. Circle prohibits the use of the Circle logo as a "hot" link to any Circle site unless Circle approves the establishment of such a link in advance in writing. Additionally, this Site may contain third-party trademarks and service marks. All third-party marks are the property of their respective companies. Access to this Site does not constitute a right to copy or use any of the intellectual property of Circle or its suppliers. Statutory notice contained herein represents trademark status in the United States. Any questions concerning the use of these Trademarks and/or service marks or whether a Trademark and/or service mark that does not appear on this list is a Trademark and/or service mark of Circle should be referred to Circle at U.S. 570-718-6001.
Third Party Servicing
Disclaimer Of Warranty
The materials on this site are provided "as is" without warranties of any kind either express or implied. All information on this Site is subject to change without notice. To the fullest extent possible pursuant to the applicable law, CIRCLE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. CIRCLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE. CIRCLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation Of Liability
UNDER NO CIRCUMSTANCES SHALL CIRCLE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFIT, SOFTWARE DAMAGE OR EQUIPMENT DAMAGE ARISING OUT OF THE USE, OR INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF CIRCLE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. In the event your use of these materials results in the need for servicing, repair or correction of equipment or data, you assume any costs or expense for such needs.
Periodic Updating of these Terms and Conditions
Circle may update these terms and conditions from time to time. Please check this Site periodically for updates. Updates shall be effective the date such update is posted on the Site.
Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. The laws of the State of Pennsylvania govern any claim relating to, and the use of, this Site and the materials contained herein. The Terms and Conditions contained herein will be construed, interpreted and applied exclusively in accordance with the laws of the State of Pennsylvania, excluding conflict of law rules. Legal action with respect to any transaction must be commenced within one year after the cause of action occurs. The provisions of the Uniform Commercial Code as adopted by the State of Pennsylvania shall apply, with no application of the United Nations Convention on Contracts for the International Sale of Goods.
U.S. Government Restricted Rights
The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Circle's proprietary rights in them.
The parties shall exercise their
best efforts to resolve by negotiation any and all disputes,
controversies or differences arising out of or relating to this
Agreement. All disputes, controversies or differences between the
parties that are not settled by negotiation shall be decided in
accordance with the Commercial Rules of the American Arbitration
Association and judgment will be entered on the award. The
arbitrator will be bound by the express terms of this Agreement. The
site of arbitration will be a mutually agreeable location in
Pennsylvania and the arbitrator(s) will be bound by the applicable
law of the State of Pennsylvania.
Product Selection and Suitability
Most products offered by Circle are obtained from multiple supply sources, located throughout the United States and internationally. Many states and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While Circle attempts to assure that its products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Circle makes every reasonable attempt to ensure the quality of these supply sources and the products they offer. As these products are dynamic and versatile, Circle shall not be responsible for how products are used or installed and the product's conformance to local or regional codes or regulations. Please review the product materials and application, and relevant code, regulations or ordinances, to be certain that the product, its installation, and use will satisfy these requirements. In no event will Circle be responsible for any loss or damage arising out of Purchaser's improper selection, misapplication or misuse of a product.
Circle warrants, for a period of one (1) year after deliver, that all Products delivered to Purchaser hereunder shall be free from any defects in material or workmanship and in conformity with any applicable specifications. Such warranty only extends to Purchaser. Purchaser shall inspect Products within a reasonable time after receipt, and shall promptly notify Circle of any claimed defect or nonconformity. Any Products determined to be defective in material or workmanship must be returned, with an invoice and/or control number to a Circle branch or authorized location, shipping costs to be prepaid by Purchaser, within the one-year warranty period. Correction shall be made or replacement products shall be delivered by Circle, unless prevented by conditions not subject to Circle's control. This warranty shall not be applicable in the event of the misapplication or misuse of the Product by Purchaser. THE FOREGOING WARRANTIES ARE IN PLACE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED AND CIRCLE COMPANY EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NO WARRANTY, EXPRESS OR IMPLIED, IS MADE BY CIRCLE, OTHER THAN WHAT IS PROVIDED IN THE ABOVE WARRANTY SECTION. CIRCLE DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO THE MISUSE, IMPROPER SELECTION OR MISAPPLICATION OF THE PRODUCT.
Limitation of Liability
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CIRCLE'S DIRECT DAMAGES EXCEED THE PURCHASE PRICE OF THE PRODUCT.
Circle must approve cancellation of any order prior to shipment. Any cancellation may be subject to restocking and other charges, for which the Purchaser shall be responsible.
Purchaser grants to Circle a priority lien, purchase money security interest in the products and any accounts receivable or cash from the resale of the products until full payment is received, with respect to any sales on open account. Purchaser shall complete and cooperate with the submission of any documents necessary to validate or enforce Circle's rights hereunder.
Published Product Information
Circle reasonably attempts to maintain up-to-date and accurate pricing, availability and usage information about the products contained in its catalogs. However, this information is dependent upon information distributed by and obtained from a manufacturer or supplier and is subject to change at any time. Circle reserves the right to revise catalog information at any time, without notice, and Circle will not be responsible for any pricing errors contained therein. CIRCLE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN ITS CATALOGS.
Circle will not be liable or held responsible for any delays or losses resulting, directly or indirectly from Acts of God, severe weather conditions, labor disputes, governmental actions, inability to obtain permits, licenses, raw materials or shipments of product, war, riots, shortages and any other circumstances or causes beyond our reasonable control.
These Terms and Conditions shall be construed, interpreted and performed according to the laws, excluding conflict of law rules, of the State of Pennsylvania, United States of America. Any legal action must be filed and commenced within one year after it arises. The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. The Uniform Commercial Code as adopted by the State of Pennsylvania will be applied, without application of any similar state or international law or treaty.
The relationship between Circle and Purchaser shall be that of an independent contractor. If any of the provisions contained herein are deemed illegal or unenforceable, such determinations shall not effect the validity of the remaining terms and conditions and the remaining terms will continue in force and effect to the fullest extent permitted under applicable law. Purchaser shall not assign any order or interest therein to another party, without the written consent of Circle.
The parties shall exercise their best efforts to resolve by negotiation any and all disputes, controversies or differences arising out of or relating to this Agreement. All disputes, controversies or differences between the parties that are not settled by negotiation shall be decided in accordance with the Commercial Rules of the American Arbitration Association and judgment will be entered on the award. The arbitrator will be bound by the express terms of this Agreement. The site of arbitration will be a mutually agreeable location in the State of Pennsylvania and the arbitrator(s) will be bound by the applicable laws of the State of Pennsylvania.
These terms and conditions, including the Terms of Access, Terms of Registration, order forms, quotations, invoices and catalog sales terms and conditions contained in Circle's Website are incorporated by reference herein and constitute the exclusive and complete Agreement between Circle and Purchaser.
All orders must be received with a cash payment or purchased through Visa or MasterCard. For approved Purchasers with established and acceptable credit, the terms of purchase are Net 30 days from date of shipment. All payments must be in U.S. Dollars. Any credit applied to the account of Purchaser must be used within one (1) year and any credits remaining after this time period will be subject to cancellation if not used or requested. If an open account Purchaser fails to make full payment within thirty 30 days from date of shipment, Circle may defer any further shipments or other orders, or cancel any portion of an unshipped order. Circle reserves the right to charge interest at the rate of 18% per annum (1.5% monthly) or at the highest rate available under applicable law, to any account balance exceeding the terms set forth herein. It is understood and agreed that Purchaser will pay, to the extent permitted under law, all reasonable costs and expenses, including attorneys fees and costs incurred by Circle in connection with any collection action for payment of the amounts due herein.
Applicable state and local tax will be charged on orders, unless Purchaser provides Circle with an exemption certificate. Please note your tax-exempt status when ordering.
Unless otherwise stated with the order, Purchaser will pre-pay for any freight costs associated with the delivery of product to its destination. Any extra or additional charges or services rendered in transit or at the destination will be the responsibility of Purchaser. Title and risk of loss will pass to Purchaser upon delivery to the common carrier.
International Orders (Outside United States)
In addition to the forgoing Order terms, Purchaser represents that it is purchasing the products to be exported from the United States and importing them to the country specified in the purchase order. Purchaser agrees that the products will be shipped to that destination in compliance with the laws of such country. No re-export or diversion will occur. Purchaser will be responsible for obtaining and paying for all licenses, permits or similar governmental authorizations necessary for the exportation and importation of the product. All costs associated with exportation and importation of the product, including the selection and use of freight forwarders, will be the sole responsibility of Purchaser. At the time of Order, Purchaser agrees to inform Circle of any NAFTA or other certificates of origin or other special documentation, packaging or product marking or labeling, but Circle shall not be responsible for providing any such documentation, packaging, marking or labeling, unless expressly agreed by Circle. Purchaser acknowledges that it is not an agent of Circle and agrees to comply with the applicable provisions of the Foreign Corrupt Practices Act.
With prior approval, Circle and Purchaser may agree to be bound by transactions performed through Circle's e-commerce Website via the issuance of purchase orders by Electronic Data Interchange (EDI), facsimile, and e-mail and such transactions will be subject to the terms and conditions contained herein. The parties acknowledge that no writing shall be required in order to make their electronic transactions legally binding, notwithstanding any contrary requirement in the law. As necessary, the parties will adopt as their signature an electronic identification to be affixed to or contained in each Document transmitted by the party. The parties will implement reasonable security procedures to ensure authorized transmissions and to protect business records and data from improper access. By performing such transactions in the forgoing manner, the parties agree that no signature will be required in order to have a legally enforceable electronic commerce transaction, which will honored to the fullest extent under law. The parties agree not to contest the validity or enforceability of Signed Documents under the provisions of any applicable laws, including any Statute of Frauds statutes, relating to whether certain agreements be in writing and signed by a party in order to be bound. Any such Signed Documents, if introduced as evidence in any legal or administrative proceeding, will be admissible as evidence to the same extent as business records, which originate and are maintained in documentary form. The provisions under this Electronic Commerce paragraph will be in addition to any other agreements entered into between Circle and Purchaser concerning electronic data interchange.
Agreeing to the Terms of Registration indicates your acceptance of the following terms, the Terms of Access and the Terms of Purchase. You certify, represent, and warrant that all purchases made by any employees/agents of your organization utilizing your Circle account are authorized purchasers of your organization. You acknowledge and agree that it is your responsibility to verify and maintain the protection, security, and distribution of your account number, user names, and passwords associated with the Circle website. You expressly agree that all liability relating to password management resides with you and your organization and that under no circumstances, including negligence or misconduct, shall Circle be liable for any damages that result from the use of this service. You acknowledge that your purchasing rights and privileges may be modified at any time upon notice from Circle.