Home » Terms & Conditions
Please read this agreement carefully before accessing this web site. By accessing the site, or by placing an order through any means, you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not access or use this site or place an order through any means.

THE INFORMATION ON THIS PAGE IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU MUST REVISIT THIS PAGE OFTEN TO LEARN OF CHANGES.

Your use of this site or your placement of an order through any means following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed.

All the content on this site is the property of HB Sealing Products Inc. All rights reserved. Website Usage Restrictions.

You may download and/or copy portions of the content for personal, non-commercial use only, provided that you a) retain all copyright, trademark or other proprietary notices contained on the content, b) do not modify or alter the content in any way and c) do not make content available to any third party. HB Sealing Products Inc reserves complete title and full intellectual property rights in any content that you download from this Website.

You agree to use this Website only for lawful purposes. The following are included, but not limited to, in strictly prohibited actions: i) misrepresenting the identity of a user; ii) tampering in any way with this Website; and iii) conducting any type of fraudulent activity.

BACKORDERS

Backorders will ship as ordered and additional freight charges will apply. Cancellation of backorders must be requested at the time of order to prevent additional freight charges. All backorders less than $5.00 will be automatically canceled unless specified otherwise by the customer at the time of order.

CREDITS

Our payment terms for all open accounts are NET 30 days. Accounts outstanding over 30 days are reviewed daily. All accounts that reach 30 days past due (60 days from invoice date) will be automatically changed to a COD account until the past due amounts are paid. At 45 days past due (75 days from invoice date) all orders and backorders will automatically be put on credit hold until full payment is received.

RETURNS

Before you return any item, please call our customer service desk to obtain a Return Material Authorization (RMA) Number. Returned shipments without a Returned Material Authorization (RMA) number will be rejected. Our Receiving Department cannot accept a return without an RMA Number. Parts must be returned within 30 days of receipt of goods. Returned items are subject to a 20% restocking charge. All returns are subject to inspection by our Quality Control Department and may be rejected if not in resalable condition. Special order items are non-returnable.

ORDER CANCELLATIONS

Orders for Standard Cataloged Products will not be canceled once processed. All custom supplied, non-cataloged products can not be canceled. Additional cancellation charges may apply.

EXCLUSION OF WARRANTIES; LIMITATIONS OF DAMAGES

EXCEPT AS PROVIDED IN THE NEXT SECTION (TITLED HERCULES BRAND PRODUCTS CYLINDER WARRANTY") ANY WARRANTIES ON THE PRODUCTS SOLD BY H B SEALING PRODUCTS ARE THOSE MADE BY THE MANUFACTURER. EXCEPT AS PROVIDED IN THE "HERCULES BRAND PRODUCTS CYLINDER WARRANTY", H B SEALING PRODUCTS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. H B SEALING PRODUCTS NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF ITS PRODUCTS.

IN NO EVENT SHALL H.B. SEALING PRODUCTS BE LIABLE TO BUYER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING (WITHOUT LIMITATION) LOST PROFITS, COSTS OF DELAY, PERSONAL INJURY, PROPERTY DAMAGE OR LIABILITIES TO BUYER OR THIRD PARTIES ARISING FROM ANY SOURCE. THIS LIMITATION ON DAMAGES SHALL APPLY TO ALL PRODUCTS SOLD BY H B SEALING PRODUCTS, INCLUDING HERCULES BRAND PRODUCTS CYLINDERS. IN THE EVENT, THAT, NOTWITHSTANDING THE TERMS OF THIS SECTION, H.B. SEALING PRODUCTS IS FOUND LIABLE FOR DAMAGES BASED ON ANY DEFECT OR NONCONFORMITY IN PRODUCTS SOLD BY IT, INCLUDING HERCULES BRAND PRODUCTS CYLINDERS, ITS TOTAL LIABILITY FOR EACH DEFECTIVE OR NONCONFORMING PRODUCT SHALL NOT EXCEED THE PRICE PAID BY BUYER FOR SUCH DEFECTIVE PRODUCT.

HERCULES® BRAND PRODUCTS CYLINDER WARRANTY

H B Sealing Products herein supplies a limited express warranty to its buyers who purchase standard or custom Hercules Brand Products Cylinders ("Cylinders"). H B Sealing Products warrants that such Cylinders are free from defects in material and workmanship for a period of 12 months from the date the Cylinders are shipped from H B Sealing Products’ facility. H B Sealing Products will repair or replace, at its sole option, Cylinders that are found to be defective in material or workmanship upon inspection by H B Sealing Products personnel when the Cylinders have been used under conditions for which the Cylinders were designed to operate. No warranty will be in effect for any of the following reasons:

  • Chemical attack, corrosion or erosion;
  • Non-compatible or dirty hydraulic fluid;
  • Seal degradation due to contamination (including hydraulic fluids), excessive heat or misapplication;
  • Excessive side loading;
  • Maintenance or disassembly of the cylinder if performed by anyone other than H B Sealing Products personnel without H B Sealing Products’ permission, prior to the date of warranty expiration;
  • Removal of the H B Sealing Products ID tag indicating bore, stroke, and other information concerning traceability; or
  • Instances of improper installation or misapplication of the Cylinders.

Due to the variety of operating conditions and applications for the Cylinders and H B Sealing Products’ related products, H B Sealing Products recommends that Buyer analyze all aspects of the application and carefully select the correct cylinder product to fit the buyer's application. Buyer is solely responsible for the cylinder product selection in assessing that all performance, safety and warning requirements of the application are met. IMPROPER CYLINDER PRODUCT SELECTION, MISAPPLIED ENGINEERING OR IMPROPER USE OF THE CYLINDERS AND RELATED PRODUCTS DESCRIBED HEREIN MAY CAUSE DEATH, PERSONAL INJURY AND /OR PROPERTY DAMAGE. H B Sealing Products does not imply or represent that the Cylinders will work properly in any customer application. No sales agent of H B Sealing Products shall have the right to determine warranty periods, terms or conditions for Cylinders if such statements by the sales agents are different from those included herein. Buyer understands that H B Sealing Products will not be held liable for any other costs or damages including any charges for removal, installation, assembly or any other charges in connection with the replacement or repair of the Cylinders. All returned products must have, before being returned to H B Sealing Products, an "RMA" (return material authorization) number assigned to it by H B Sealing Products’ customer service department.

THE WARRANTY STATED IN THIS SECTION IS H.B. SEALING PRODUCTS' SOLE AND EXCLUSIVE WARRANTY PERTAINING TO THE CYLINDERS, AND H.B. SEALING PRODUCTS HEREBY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE CYLINDERS.

Communications with HB Sealing Products Inc

We welcome your comments regarding this site. However, comments, feedback, notes, messages, ideas, suggestions or other communications transmitted to HB Sealing Products Inc will be treated as non-confidential and nonproprietary. All communications to HB Sealing Products Inc become the exclusive property of HB Sealing Products Inc and you agree that by transmitting any communication you relinquish all rights and interests in same.

Proprietary Rights

All product names, logos, trademarks, as well as other marks and trade names on this Website are the properties of HB Sealing Products Inc. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner. The entire contents of this Website, including but not limited to text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information, and software (collectively, ìContentî) are subject to copyright, trademark, or other proprietary rights or licenses held by. All content is copyrighted as a collective work under the U.S. and international copyright laws and HB Sealing Products Inc owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. Except as provided in this agreement, you may not distribute, publish, transmit, reuse, repost, ìand frameî the Content in any manner or sell or attempt to sell the Content.

All manufacturer's names, part numbers and descriptions are used for reference purposes only. We do not imply that any part shown is the product of these manufacturers. We also do no imply that the list price shown is exactly that of the manufacturer.

Accuracy and Content

HB Sealing Products Inc works hard to ensure that the content provided is accurate and up-to-date but due to the risk that the information may be compromised by software or procedural errors, HB Sealing Products Inc does not guarantee the accuracy or completeness of the information provided on this site or in any Hercules Sealing Products documentation. Hercules Sealing Products reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Photos may vary. Pricing and shipping & handling rates are subject to change without notice. We apologize for any inconvenience this may cause you.

HB Sealing Products Inc does not warrant the accuracy, integrity or completeness of the content provided in this Website or in any Hercules Sealing Products advertisement, including any advice or other similar information obtained by you from us though this Website or in any HB Sealing Products Inc advertisement. HB Sealing Products Inc makes no representation that the content provided in this Website or in any HB Sealing Products Inc advertisement is applicable or appropriate for use in locations outside the United States.

Personal 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.

Shipping - Risk of Loss

All items purchased from HB Sealing Products Inc are made pursuant to a shipment contract. This means the risk of loss and title for such items pass to you upon our delivery to the carrier. HB Sealing Products Inc is not responsible or liable for any damage arising from shipment.

Severability

The Terms and Conditions constitute the entire agreement between you and HB Sealing Products Inc with respect to this Website, HB Sealing Products Inc catalog or any type of HB Sealing Products Inc advertisement. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and HB Sealing Products Inc with respect to this Website, HB Sealing Products Inc catalog or any type of HB Sealing Products Inc advertisement. No modification of the Terms and Conditions shall be effective unless it is authorized in writing by HB Sealing Products Inc. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect 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.

Choice of Law

By use of this Website, HB Sealing Products Inc catalog or any type of HB Sealing Products Inc advertisement, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and HB Sealing Products Inc.

HB Sealing Products Inc and International Trade Restrictions

HB Sealing Products Inc operates in areas of political and commercial sensitivity. Consequently, we have a duty to demonstrate adherence to the sanctions regimes of the UN, US and UK regulatory authorities.

HB Sealing Products Inc will therefore engage in a screening process of prospects, customers and users of our products and services on a regular basis. If a potential or actual customer is either located in an embargoed country or fails our screening, HB Sealing Products Inc will not provide products or services to that potential customer. Additionally, we do not permit a customer to allow access to HB Sealing Products Inc products or services in an embargoed country.

If a customer that was previously not sanctioned becomes sanctioned and is detected as part of our regular screening process, we will discontinue services to that customer. Where a non-sanctioned customer purchases for services to be accessed in a number of locations and it is disclosed that this includes any location in an embargoed country we will not provide access to customer employees at that location and will terminate any such access that we discover.

HB Sealing Products Inc expects its customers to agree, in their contracts with HB Sealing Products Inc, to comply with this policy and HB Sealing Products Inc may terminate the contract of any customer that demonstrably does not comply.

Modern Slavery Act Statement

HB Sealing Products Inc is required, pursuant to the Modern Slavery Act 2015, to make and publish a statement about the steps we are taking to ensure that slavery and human trafficking is not taking place in any part of our own business and in any part of our supply chains.

Modern Slavery can take various forms, including slavery, servitude, forced and compulsory labor and human trafficking, all of which have in common the deprivation of a person's liberty by another in order to exploit them for personal or commercial gain.

Needless to say, we have a zero-tolerance approach to any such activity and we are committed to acting ethically and with integrity in all our business dealings and relationships.

We are confident that, in our own business, there is no slavery or human trafficking taking place. Our internal systems, controls and hiring policies are sufficiently strong and robust to ensure this.

We do, of course, trade with a wide range of different producers, suppliers and carriers, both domestically and internationally. We always try and ensure that all of these are reputable and carry on business to the same high standard as we do ourselves. We actively encourage them to do so. Our relationships, particularly with producers, often go back many, many years. We are in regular contact with them.

We have an informal program of regular contact with suppliers, producers and trading partners and for the most significant of these we intend to assess the degree of risk in trading with each of them and conduct more formal audits as appropriate.

 
Copyright © 2015-2017 Hercules Sealing Products