The items described on this web site are provided for your convenience. A legally binding contract with you will arise only when your payment for any items you order is received by us. You will be notified via e-mail of acceptance of your order at the e-mail address you provide on the electronic order form. The price for any items ordered by you through this site will be the price shown on this site at the time you place your order. In addition to the price, if a tax and/or Shipping and Handling charge is shown on the electronic order form for your order, it will also be payable by you when we accept your order. Items ordered from this site may be delivered in separate shipments.
1. Terms and Conditions of Sale:All descriptions, quotations, proposals, offers, acknowledgments, acceptances and sales of Seller's products are subject to and shall be governed exclusively by the terms and conditions stated herein. Buyer's acceptance of any offer to sell is limited to these terms and conditions. Any terms or conditions in addition to, or inconsistent with those stated herein, including those contained in any of Buyer’s documents or forms, are hereby objected to. No such additional, different or inconsistent terms and conditions shall become part of the contract between Buyer and Seller unless expressly accepted in writing by Seller.
2. Warranty: All of the products listed on this web site are warranted to the final buyer / user by their manufacturer. Copies of such warranties are supplied with the product or are available from the manufacturer. Most manufacturers do not warrant mechanical seal life. Typical manufacture warranties cover defects in materials and workmanship for one year. SELLER MAKES NO OTHER WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND WHATSOEVER. ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR PURPOSE, WHETHER EXPRESS, IMPLIED, OR ARISING BY OPERATION OF LAW, TRADE USAGE, OR COURSE OF DEALING ARE HEREBY DISCLAIMED. NOTWITHSTANDING THE FOREGOING. Limitation Of Remedy: EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW, SELLER'S LIABILITY ARISING FROM OR IN ANY WAY CONNECTED WITH THE ITEMS SOLD OR THIS CONTRACT SHALL BE LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT OF THE ITEMS SOLD OR REFUND OF THE PURCHASE PRICE PAID BY BUYER, AT SELLER'S SOLE OPTION. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS ARISING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR ITEMS SOLD HEREUNDER, WHETHER ALLEGED TO ARISE FROM BREACH OF CONTRACT, EXPRESS OR IMPLIED WARRANTY, OR IN TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY, EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW.
3. No Warranties to consumers as defined in the Magnuson-Moss Warranty-Federal Trade Commission Act.
4. Title of purchased goods does not transfer from seller to buyer until payment of monies in full is received by Charles J. Hoffmann, Inc. office in New Jersey. Responsibility for goods is the buyer’s when purchased goods are shipped. Inspect all packages prior to receiving. File shipping damage claims with freight carrier.
5. Shipping: In order to provide you with the widest selection of products and the best service, we have established agreements with multiple manufactures across the U.S. Your orders may arrive in multiple shipments from multiple locations.
6.Returns: LIKE-NEW NON-DEFECTIVE / NON-DAMAGED PRODUCTS purchased from this web site may be returned at Buyer's cost for refund of the purchase price paid by Buyer, less original shipping charges and a possible restocking charge not to exceed 30% if deemed necessary by the product manufacturer. Returns can only be accepted on products within thirty (30) days of receipt provided such item is in good condition and is returned in the original packaging. You must obtain a Return Materials Authorization number (RMA #) and return shipping instructions by calling HoffmannMart customer service. Items for return must be in like-new condition, in original packages, with all manuals, accessories and warranty cards. We cannot under any circumstances accept gasoline-powered items for return unless their returned in their FACTORY-SEALED original container. Some manufactures may-not allow the return of non-warranty items. Only products with valid RMA #s and returned within 15 days in accordance with the return instructions will be accepted.
7.Payment Terms for approved purchase order sales are net 30 day, payable by company check, money order, credit cards or cashier’s check in U.S. dollars only. There will be a $25 charge for all returned checks. A finance charge of 1.5 percent per month will be charged for payments received after the due date. If an account balance is delinquent or in default, we may not authorize a purchase and we, at our discretion, may cancel the business credit account. We may report to credit reporting agencies and other creditors the status and payment history of your business credit account. Your order contains stock or non-stock (which are custom ordered for you) items, therefore your purchase is charged to your credit card at the time your order is placed.
8. Sales Tax is only collected on purchases shipped to New Jersey, except when we have a valid tax exemption certificate on file. Unless otherwise indicated, all prices and charges are exclusive of excise, sales, use, property, occupational or like taxes which may be imposed by any taxing authority upon the manufacture, sale or delivery of the items sold hereunder. If any such taxes must be paid by Seller or if Seller is liable for the collection of such tax, the amount thereof shall be in addition to the amounts for the items sold. Buyer agrees to pay all such taxes or to reimburse Seller therefore upon receipt of its invoice. If Buyer claims exemption from any sales, use or other tax imposed by any taxing authority, Buyer shall save Seller harmless from and against any such tax, together with any interest or penalties thereon which may be assessed if the items are held to be taxable.
9. While every effort is made to provide accurate information, prices as well as other information on the HoffmannMart web site may occasionally contain typographical or other errors. HoffmannMart cannot be held responsible for such unintentional errors. HoffmannMart shall have the right to refuse or cancel any orders placed for a product listed at an incorrect price. In such a case, you will be informed of the error and given the opportunity to purchase the product at the corrected price.
10. Codes and Regulations Governing Product Suitability: Buyer is responsible for complying with any applicable federal, state or local codes and regulations concerning application, construction, installation and/or use of any items sold hereunder. Seller does not guarantee and is not responsible for how items sold hereunder are installed or used.
11. Changes, Reschedules and Cancellations: Buyer may request to modify the designs or specifications for the items sold hereunder as well as the quantities and delivery dates thereof, or may request to cancel all or part of this order, however, no such requested modification or cancellation shall become part of the contract between Buyer and Seller unless accepted by Seller in a written amendment to this Agreement. Acceptance of any such requested modification or cancellation shall be at Seller's discretion, and shall be upon such terms and conditions as Seller may require.
12. Force Majeure: Seller does not assume the risk of and shall not be liable for delay or failure to perform any of Seller's obligations by reason of circumstances beyond the reasonable control of Seller (hereinafter "Events of Force Majeure"). Events of Force Majeure shall include without limitation, accidents, acts of God, strikes or labor disputes, acts, laws, rules or regulations of any government or government agency, fires, floods, delays or failures in delivery of carriers or suppliers, shortages of materials and any other cause beyond Seller's control.
13. Entire Agreement/Governing Law: The terms and conditions set forth herein, together with any amendments, modifications and any different terms or conditions expressly accepted by Seller in writing, shall constitute the entire Agreement concerning the items sold, and there are no oral or other representations or agreements which pertain thereto. This Agreement shall be governed in all respects by the law of the State of NJ. No actions arising out of the sale of the items sold hereunder or this Agreement may be brought by either party more than two (2) years after the cause of action accrues.
HoffmannMart/Charles J. Hoffmann Jr. & Son, Inc. may at any time modify, change, withdraw, or delete this website and/or any of these terms and conditions in whole or in part.
LIMITATION OF WARRANTY.
The data and information contained in this web site are believed to be accurate, BUT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In no event shall HoffmannMart/Charles J Hoffman Jr. & Son, Inc. be liable for any damages of any kind whatsoever, including any special, indirect, or consequential damages, relating to the use of this site except as otherwise limited by applicable law. HoffmannMart/Charles J. Hoffmann Jr. & Son, Inc. recommends only those applications for its products that are specified by the respective product manufacturers. The products are warranted, if at all, only according to their terms and conditions of sale and their OEM warranties.
TRADEMARK.
Various product or company names mentioned herein may be the trademark of their respective owners. Trademarks are registered by their respective companies
OTHER.
This agreement shall be governed by and construed in accordance with the laws of the State of NJ without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.