Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. Your use of pipefusion.com is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using pipefusion.com, you signify your acceptance of these Terms and Conditions.

Pipefusion Services Inc, ("Pipefusion") may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the pipefusion.com web site. Your continued used of the pipefusion.com web site signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.

OWNERSHIP

The pipefusion.com web site, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of Pipefusion, third party providers and distributors ("Third Parties"), and are protected under the copyright laws of Canada and other countries. None of the content found on pipefusion.com may be reproduced, republished, distributed, posted, displayed, sold, transferred, transmitted or modified without the express written permission of Pipefusion and/or the applicable Third Parties. The user may print, in hard copy, portions of the Web Site only for the purpose of placing an order with pipefusion.com. The use of any such material for any other reason, on any other web site, or the modification, distribution or republication of this material without prior written permission from Pipefusion is strictly prohibited.

USE OF THE SITE

In its sole discretion, in addition to any other rights or remedies available to Pipefusion and without any liability whatsoever, Pipefusion at any time and without notice may terminate or restrict your access to any component of pipefusion.com.

USER NAME AND PASSWORD

Your pipefusion.com website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Pipefusion representative. Pipefusion recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.

All login names and passwords remain the property of Pipefusion, and may be cancelled or suspended at any time by Pipefusion without any notice or liability to you or any other person. Pipefusion is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify Pipefusion of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

YOUR OBLIGATIONS

Your use of this Site will be in compliance with all applicable laws and regulations. You will not: (a) use this Site to post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to individuals or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) send harassing and/or threatening messages to others; (f) post excessive (20 or more copies of the same article in a 45-day period) or repeated off-topic articles to newsgroups; or (g) engage in 'flooding', i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address).

You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content on or through this Site that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libellous, or invasive of another's privacy; (b) infringes or violates any party's copyright, trade-mark, trade secret, patent or other proprietary rights; (c) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (d) contains personally identifiable information not belonging to you including personal information belonging to minors.

To the extent that the following activities are prohibited by applicable law, in using this Site you will not: (a) use the Site for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material; (c) electronically stalk or otherwise electronically harass others; or (d) engage in any Internet activities that would violate the privacy rights of others, including but not limited to, collecting, using and disclosing information about Internet users without their permission, except as permitted by applicable law.

To the extent that any of the following activities materially interfere with this Site or the network and systems of a Pipefusion service provider ("Third Party Services"), you will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site or the Third Party Services; (b) use Internet Relay Chat (IRC) bots or other programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (c) hinder the ability of others to use IRC; (d) disrupt the normal flow on this Site or the Third Party Services or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the or servers or networks connected to this Site or the Third Party Services; (f) use this Site or the Third Party Services to access the accounts of others without permission; (g) attempt to penetrate security measures of this Site, the Third Party Services, or another entity, or obtain or bypass others' passwords; or (h) engage in denial of service attacks, or take actions designed to impair network access by flooding a site or the Internet with useless traffic.

PRIVACY

You have read the Pipefusion Privacy Policy, the terms of which appear on pipefusion.com and are incorporated into these Terms and Conditions, and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by Pipefusion and/or Third Parties in accordance with the terms of and for the purposes set forth in the Pipefusion Privacy Policy.

FEEDBACK

Pipefusion enables visitors to pipefusion.com to provide Pipefusion with feedback by email or otherwise ("Customer Content"). If you provide Customer Content you grant Pipefusion a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Customer Content. You also grant Pipefusion the right to use the name you submit with the Customer Content, if any, in connection with Pipefusion's rights hereunder.

PRICING POLICY

Pipefusion has attempted to match online prices to those in store; however online prices, product and service selection and availability, and sale effective dates may differ from those in store. Market conditions and competitive pressures may cause prices and availability to change without further notice. Additionally, although great care is taken in the production of the pipefusion.com web site, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time.

All prices quoted do not include shipping charges, GST, PST, QST or HST.

Pipefusion reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Pipefusion believes that customer conduct violates applicable law or is harmful to the interests of Pipefusion or any Third Parties or for any other reason whatsoever at our discretion.

LIABILITY DISCLAIMER

Except as explicitly provided in these Terms and Conditions as amended from time to time, Pipefusion and the Third Parties make no representations or warranties of any kind, express or implied, regarding pipefusion.com and/or any content provided on pipefusion.com, all of which are provided on an "as is" and "as available" basis. Pipefusion and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of pipefusion.com, or any of the content or data found on pipefusion.com, and expressly disclaim all warranties and conditions in respect of pipefusion.com, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

Pipefusion and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

Pipefusion and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on pipefusion.com or your downloading of any materials, data, text, images, video or audio from pipefusion.com.

In no event shall Pipefusion or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of pipefusion.com or content found herein, the operation of the web site, or any failure or delay in the operation of the website (including, but not limited to the inability to use any component of pipefusion.com for purchases) even if advised of the possibility of damages.

INDEMNIFICATION

You shall indemnify and save harmless Pipefusion and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of pipefusion.com.

LINKS

The pipefusion.com web site contains links to web sites owned or operated by other entities which are not associated or affiliated with Pipefusion or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Pipefusion or the Third Parties of the linked web site or information contained therein or of their security or privacy practices. Pipefusion and the Third Parties shall not be responsible for the content of any other linked web sites and makes no representation or warranty regarding any other web sites or the contents on such web sites. If you decide to access other web sites, you do so at your own risk. Framing of the pipefusion.com web site or any of its content in any form and by any method is strictly prohibited.

RELATIONSHIPS

The relationship between Pipefusion and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of pipefusion.com.

GOVERNING LAW

This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Huntsville, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of pipefusion.com and these Terms and Conditions. The parties hereby expressly agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods as amended, replaced or re-enacted from time to time. This provision shall survive the termination of your right to use this Site.

ADDITIONAL TERMS

Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific web site functions available on pipefusion.com.

SEVERABILITY

These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

HEADINGS

The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

ENTIRE AGREEMENT

These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Pipefusion as set forth above.

ENGLISH LANGUAGE

The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.

ADDITIONALS

All orders once submitted “on-line” are subject to our acceptance and a satisfactory credit approval of your company by our credit facility. We reserve the right to decline any order once received at our discretion for any reason whatsoever

All pricing “on-line” is subject to change without notice.

It is further understood that any technical details and specifications of all and/or any of the products listed are not necessarily accurate and subject to change at any time without notice.

All orders for goods sold are FOB destination as stated in the notes on the appropriate page for each product group listed.

Freight charges for all product groups listed are extra and the customer will be charged the appropriate rate to receive the goods on the final invoice.

The customer or user of this e-commerce site accepts the fact that Pipefusion Services Inc. is not liable for pricing or numerical errors which may occur occasionally. In the event that a pricing error has occurred the customer has the option of canceling his order for the products listed (prior to our acceptance or rejection of the order). Under no circumstances shall any pricing listed be used on any private or government tender by the customer without our permission.

Ontario customers will be charged GST and PST unless we are provided with an Ontario Retail Sales Tax Exemption number and certificate. GST only will be charged to Canadian customers when the goods are shipped to provinces and/or territories outside of Ontario.

American companies and individuals are solely responsible for submitting the appropriate state and/or federal taxes to the applicable government agencies for the goods they purchase after they are received.

It is understood that any product(s) ordered are not necessarily “in-stock” at the time of order and a prompt delivery is not always guaranteed. The order acknowledgment is normally received by the customer within 1 to 2 business days from the time it is received.

Our normal working hours are 8:00 to 4:30 PM Monday thru Friday Eastern Standard time. We are normally closed on all Canadian Statutory Holidays.

Payment terms are strictly 30 days net. No hold-backs are acceptable under any circumstances. No goods will be shipped until your account has been approved and credit established.

Companies and individuals who do not wish to set up an account or do not qualify may still order the goods provided that payment is received in advance by approved credit card transaction or bank transfer into our bank account prior to shipment. Only companies in the United States or Canada are eligible to set up an account.

All sales are final. There is no cancellation policy unless authorized by Pipefusion Services Inc.

No order will be accepted until the customer has completed the check out procedure and filled in all of the appropriate fields.

It is the responsibility of the purchaser to ensure that the products ordered meet the requirements of the contract or intended use as specified by the Engineer or end user. We accept no responsibility or liability for the suitability of the products ordered for any application.

There is no warranty expressed or implied on any goods sold unless stated on the appropriate page for the products ordered.

The user of the products accepts full liability for the use of any item(s) ordered from this site and agrees to save and hold Pipefusion harmless from any claim, class action, suit or damages regardless of their origin or any reason whatsoever.

The user of this site and subsequent order implies acceptance by the customer in full of our terms and conditions.