New England Baling Wire Terms And Conditions

Overview

This website is operated by New England Baling Wire, Inc.. Throughout the site, the terms “we”, “us” and “our” refer to New England Baling Wire, Inc.. New England Baling Wire, Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.


User Representations

By using the Site, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete.
  2. You will maintain the accuracy of such information and promptly update such registration information as necessary.
  3. You have the legal capacity, and you agree to comply with these Terms of Use.
  4. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
  5. You will not access the Site through automated or non-human means, whether through a bot, script or otherwise.
  6. You will not use the Site for any illegal or unauthorized purpose.
  7. Your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any, and all current or future use of the Site (or any portion thereof).

User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.


Products

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.


Limitation of Liability

New England Baling Wire, Inc. will not be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, including without limitation loss of profits, loss of business, or other economic damages. New England Baling Wire, Inc. is not responsible for delays in delivery which result from any circumstances beyond its control. New England Baling Wire, Inc.’s aggregate liability shall not exceed the purchase price paid for any products purchased through this site, or, if no such products were purchased, ten dollars ($10.00).


Pricing and Specifications

All information regarding pricing, products and services is subject to change. New England Baling Wire, Inc. reserves the right to make adjustments to pricing and products for reasons including, but not limited to, changing market conditions, discontinuation, unavailability, manufacturer price changes and errors in advertisements. Prices listed are net and do not include shipping charges, handling fees, taxes and/or duties or special crating requirements for export shipment. Those customers who claim exemption from taxes or duties are responsible for providing New England Baling Wire, Inc. with the necessary documentation at the time of purchase or taxes will be added to their order.


Shipping

Most products are shipped F.O.B. point of origin from the New England Baling Wire, Inc. warehouse to your location. Shipping methods include New England Baling Wire Truck, “Common Carrier”, or UPS, and will be determined by total size and weight. All shipping charges are prepaid by New England Baling Wire, Inc. and added to the customer’s invoice unless you choose to be billed freight collect. Any additional charges for services requested by the customer, including but not limited to inside delivery, special routing, residential delivery or pre-delivery notification must be paid by the customer.


Inside Delivery

Please specify if you need inside delivery when placing your order. UPS does not charge for this service. However, there may be a charge when using a freight carrier.


Returns

If for any reason you are dissatisfied with a purchase you made from New England Baling Wire, Inc., you may return the merchandise within 30 days. Please submit a return request or contact customer service at 1-800-893-1270 for an authorization number and return the merchandise within 30 days.

Customers will be responsible for shipping charges on cancelled orders. Due to their nature, custom and made-to-order products cannot be accepted for return unless the product was initially defective.

If a product is damaged during delivery to you via a freight carrier, note the damage on the carrier’s delivery receipt and request an inspection report on the damaged shipment from the carrier to be forwarded to you within 10 business days. Forward the inspection report and original packing list to New England Baling Wire, Inc. and we will file a claim on your behalf and immediately replace the damaged item(s). If a product is damaged during delivery to you via UPS, you must note the extent of the damage on the back of the packing list. Once complete, forward the form to New England Baling Wire, Inc. and hold the damaged materials for disposition instructions.


Warranties

Customers acknowledge that New England Baling Wire, Inc. is not the manufacturer of any of the products purchased hereunder. Any warranty with respect to the products must come from the manufacturer. New England Baling Wire, Inc. will pass through to customers any applicable warranties of the manufacturer to the extent permissible. Notwithstanding anything to the contrary, New England Baling Wire, Inc.’s liability is limited to the replacement value of the products purchased from this site.

New England Baling Wire, Inc. and its affiliates hereby expressly disclaim all warranties either express or implied, related to products, including, without limitation, any warranty of merchantability or fitness for a particular purpose, or warranty of noninfringement. This disclaimer does not affect the terms of the manufacturer’s warranty, if any.


Payment Terms

For those customers with established New England Baling Wire, Inc. credit, payment terms are net 30 days from the date of invoice. In addition, New England Baling Wire, Inc. accepts all major credit cards. COD is only available for those orders picked up at a New England Baling Wire, Inc. warehouse.


Review Guidelines

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  1. You should have firsthand experience with the person/entity being reviewed.
  2. Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.
  3. Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
  4. Your reviews should not contain references to illegal activity.
  5. You should not be affiliated with competitors if posting negative reviews.
  6. You should not make any conclusions as to the legality of conduct.
  7. You may not post any false or misleading statements.
  8. You may not organize a campaign encouraging others to post reviews, whether positive or negative.

 

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.


Applicable Law

This site is controlled by us from our office in Brockton, Massachusetts, United States. By accessing this site you agree that the laws of the Commonwealth of Massachusetts, without regard to conflicts of laws principles, will apply to all matters relating to the use of this site and the purchase of products available through this site. Any litigation will be brought exclusively in Norfolk County, Massachusetts, and customer consents to the jurisdiction of the Federal and State Courts located therein, submits to the jurisdiction thereof and waives the right to change venue.


Entire Agreement

These terms and conditions constitute the entire agreement and understanding between you, the customer, and New England Baling Wire, Inc. concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto, including any oral statements made by New England Baling Wire, Inc. representatives or any alternate terms supplied by you to New England Baling Wire, Inc. unless otherwise agreed to by New England Baling Wire, Inc. in writing. To the extent that anything in or associated with site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.

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