Terms And Conditions
1. Quotations & Prices. Prices are subject to change without notice.
Orders calling for future delivery will be billed according to the price in
effect at the time of delivery. Written quotations automatically expire
30 calendar days from the date issued and are subject to termination
by notice within that period. All orders are subject to Seller's acceptance
at its office in Norwood, Massachusetts.
2. Taxes. Buyer is responsible for the ultimate payment of all taxes
which may be assessed or levied on, or on account of materials sold
hereunder to the Buyer. Prices are subject to change due to any
Federal or State laws taxing raw or processed materials or governing
the working hours or compensation of labor.
3. Packing and Loss or Damage In Transit. Equipment will be
packed for shipment in a manner suitable to the method of shipment
specified by Buyer, or to the method selected by Seller in the
absence of instructions. All soles hereunder are f.o.b. shipping point.
Risk of loss or damage to equipment in transit is upon the Buyer.
4. Delivery. Shipment schedules are approximate and are based on
conditions at the time of acceptance. Seller will make every effort to
complete shipment as indicated but assumes no responsibility or
liability for loss or damage by reasons of delay or inability to ship
caused by acts of God, fires, flood, war, embargoes, labor disputes,
acts of sabotage, riots, accidents, delays of carriers, subcontractors
or suppliers, voluntary or mandatory compliance with any government
act, regulation or request, shortage of labor, materials or manufacturing
facilities, or any other causes beyond seller’s reasonable
control. If, by reason of any of these things, Seller’s supplies of the
material covered hereby are limited, Seller shall have the right to
prorate the available supply in such manner as is, in it’s discretion,
5. Partial Deliveries. Partial deliveries shall be accepted and
paid for at contract prices on maturity of bills therefor. If any part
of the materials is not delivered by the Seller or is not in accordance
with the order, the order for the remainder of the material
and the Buyer's obligation thereunder shall not be affected
thereby.
6. Inspection on Arrival. The Buyer shall inspect the material
immediately upon on its arrival and shall within five (5) days of its
arrival give written notice to the Seller of any claim for shortage or
that the material does not conform with the terms of the Order. If
the Buyer shall fail to give such notice, the material shall be
deemed to conform with the terms of the order and the Buyer
shall be bound to accept and pay for the material in accordance
with the terms of the order. Return of goods, defective or otherwise,
will not be accepted by Seller unless they are shipped f.o.b.
destination, freight prepaid, and with prior authorization by Seller.
The Seller may, at its own option, replace any or all returned
equipment within a reasonable time after it is finally determined
that the returned goods are not in accordance with the order and
in such event the Seller shall not be liable for any damages arising
from the defective delivery or delay caused thereby. Buyer will
be liable for restocking charges in the event equipment is
returned to the Seller which is not defective and is in accordance
with Buyer's order.
7. Payments. Payments for shipments. including partial shipments,
are due 30 days after the date of shipment or the date of
invoice therefor, whichever is earlier. Shipments held by Seller at
Buyer's request shall be at Buyer's risk and expense.
8. Warranty. Seller warrants to the Buyer all material of its manufacture
to be furnished hereunder to be free from defects in material and workmanship
and to meet applicable specifications. In discharge of this warranty
Seller agrees to repair or replace, with reasonable promptness, any
material of its manufacture which under proper and normal use shall,
within twelve (12) months after delivery to the Buyer prove to be defective
due to faulty material or poor workmanship and which is returned.
with transportation charges prepaid to Seller's factory, provided, however,
that the Buyer shall have reasonably inspected all material as received
and, within five (5) days of receipt of shipment, notified Seller of
any apparent defects discovered. After installation, any realignment,
readjustment, re-cleaning or recalibration, providing they do not relate to
a proven detect in material or workmanship, shall be performed only at
Seller's then current rates for service. The foregoing warranty excludes
certain major items or accessories specifically indicated on applicable
price lists or quotations, as to which Seller passes to the Buyer whatever
warranty is provided to Seller by the manufacturer or the specific warranty
indicated by the price list or quotation. This warranty specifically does
not cover loss or damage to equipment which might be sustained in
transit to the Buyer's facility as to which Seller disclaims any responsibility
whatsoever. Seller shall use its best efforts to perform all warranty
service hereunder al the Buyer's facility, and as soon after notification by
the Buyer of a possible defect as is reasonably practicable: provided.
however, that Seller reserves the right to require that the Buyer return the
equipment to Seller's production facility, transportation charges prepaid,
when necessary to provide proper warranty service. In lieu of the foregoing,
Seller may at any time elect. in its sole discretion to discharge its
warranty by accepting the return of such equipment and refunding the
purchase price to the Buyer. THE FOREGOING WARRANTY AND REMEDY
ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER
WARRANTIES EXPRESS OR IMPLIED EITHER IN FACT OR BY
OPERATION OF LAW, STATUTORY OR OTHERWISE. INCLUDING
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE.
SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON
TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION
WITH THE SALE, INSTALLATION, SERVICE OR USE OF ITS EQUIPMENT.
SELLER SHALL HAVE NO LIABILITY WHATSOEVER FOR
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND
FROM ANY CAUSE ARISING OUT OF THE SALE, INSTALLATION,
SERVICE OR USE OF ITS EQUIPMENT.
9. Indemnity. The Buyer will protect and indemnify the Seller against all
claims for damages or profits arising from infringement of patents, designs,
copyrights or trade-marks, with respect to all goods manufactured, either in
whole or part, to the Buyer's specifications.
10. Modifications. No deletion, amendment or addition to the terms hereof
shall be affected by the acceptance or acknowledgement of a purchase
order or other forms unless expressly agreed to in writing signed by an
authorized representative of the Seller All orders are subject to acceptance
or rejection by the main office at Norwood, Massachusetts, and-written
acknowledgement will be mode of all orders accepted.
11. Applicable Laws. This contract shall be construed in accordance with
the Laws of the State of Massachusetts, U.S.A
12. Authority to Export. This contract is subject to issuance of an export
license by the United States Government for export of the ordered items,
and to the Buyer providing Seller with relevant import certificate, or any
other document necessary to secure such export license and/or to permit
the import of such goods into the country of destination.
Bascom-Turner Instruments, Inc. and/or its affiliates ("Bascom-Turner") provide website features to you subject to the following conditions. If you visit or shop at BascomTurner.com, you accept these conditions. Please read them carefully.
PRIVACY
Our Privacy Notice governs your visit to BascomTurner.com. Please review it to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit BascomTurner.com or send e-mails to us, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy legal requirement that such communications be in writing.
COPYRIGHT
All site content, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bascom-Turner and protected by United States and international copyright laws. Software used on this site is the property of Bascom-Turner and protected by United States and international copyright laws.
TRADEMARKS
BASCOM-TURNER, BASCOMTURNER.COM, BASCOMTURNER.COM & Design, BASCOMTURNER.COM ANYWHERE, GAS-SENTRY, GAS-RANGER, GAS-EXPLORER, GAS-ROVER, N-CAL, DATA-LINK, and other BascomTurner.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Bascom-Turner in the U.S. and/or other countries. Bascom-Turner's trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion, or in any manner that discredits Bascom-Turner. All other trademarks not owned by Bascom-Turner that appear on this site are the property of their respective owners.
LICENSE AND SITE ACCESS
Bascom-Turner grants you a limited license to access and use this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Bascom-Turner. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of this site may be reproduced, sold, or otherwise exploited for any commercial purpose without express written consent of Bascom-Turner. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bascom-Turner without express written consent. Any unauthorized use terminates the permission or license granted by Bascom-Turner. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BascomTurner.com so long as the link does not portray Bascom-Turner, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Bascom-Turner reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Bascom-Turner reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant Bascom-Turner a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Bascom-Turner and sublicensees the right to use the name that you submit in connection with such content, if they choose. 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 Bascom-Turner for all claims resulting from content you supply. Bascom-Turner has the right but not the obligation to monitor and edit or remove any activity or content. Bascom-Turner takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Bascom-Turner are subject to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Bascom-Turner attempts to be as accurate as possible. However, Bascom-Turner does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Bascom-Turner is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself. We cannot confirm the price of an item until you order; despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BASCOM-TURNER ON AN "AS IS" AND "AS AVAILABLE" BASIS. BASCOM-TURNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BASCOM-TURNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BASCOM-TURNER DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM BASCOM-TURNER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BASCOM-TURNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting BascomTurner.com, you agree that the laws of the state of Massachusetts, 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 Bascom-Turner.
DISPUTES
Any dispute relating in any way to your visit to BascomTurner.com or to products or services sold or distributed by Bascom-Turner or through BascomTurner.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Norfolk County, Massachusetts, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review other policies posted on this site. These policies also govern your visit to BascomTurner.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Bascom-Turner Instruments, Inc.
111 Downey St
Norwood, MA 02062
Information Gathering
The information we learn from customers helps us personalize and continually improve your shopping experience at BascomTurner.com. Here are the types of information we gather.
- Information You Give Us:We receive and store any information you enter on our Web site or give us in any other way. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you.
- Automatic Information:We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses BascomTurner.com.
- Information from Other Sources:We might receive information about you from other sources and add it to our account information.
Information Sharing
BascomTurner.com does not sell customer information, and does not share customer information except as described below.
We sometimes employ other companies and individuals to perform functions on our behalf, such as processing orders and payments. These third parties have access to personal information needed to perform their functions, but may not use it for other purposes.
Information Security
- We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
- We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
- It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
Conditions of Use, Notices, and Revisions
If you choose to visit BascomTurner.com, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use. If you have any concern about privacy at BascomTurner.com, please contact us with a thorough description, and we will try to resolve it. Unless stated otherwise, our current Privacy Notice and Conditions of Use applies to all information that we have about you and your account.