Gripper Gasket LLC – Terms & Conditions of Use
We strive to make this website as useful to you as possible. To ensure that all users have a helpful and trouble-free experience, we request that all Site users adhere to the terms and conditions detailed on this page.
Minimum Invoice
Minimum order of $100.00, unless otherwise stated.
Payment Terms
Net 30 days, unless otherwise stated. This means that full payment is due within 30 days. Shortage claims must be reported immediately via the “Contact Us” form here.
Freight Terms
Varies by customer and territory.
Claims for loss or damage must be filed with the freight carrier.
Sales Policy
Gripper Gasket™ products are available for sale to any verifiable wholesaler, distributor, pipe manufacturer, or Original Equipment Manufacturer (OEM) with approved credit.
Return Policy
We understand that buyer needs change and mistakes occasionally happen. When responsibility for the return lies with the Buyer, e.g. ordered in error, excess stock, discontinuance of product use, change in product specifications, etc. and unrelated to any Gripper Gasket LLC (“Seller”) performance, and the return is authorized by Seller, credit will be issued after receipt and approval of the quality of the goods, less a restocking charge of 25% or at Seller’s discretion. Should Buyer be in default in payment of any accounts with Seller, Seller is entitled, at its option, to apply Buyer’s credit or refund to reduce the balance of those accounts. Products returned requiring reconditioning expense will be assessed to the Buyer’s account. Buyer must return product within six (6) months of delivery.
Where responsibility for the return is determined to be with Seller, e.g. product did not meet specifications, wrong goods shipped, etc., Buyer’s sole and exclusive remedy shall be repair or replacement of the part or product or, at the discretion of the Seller, credit will be issued upon receipt, inspection and approval for credit by Seller. Buyer agrees that replacement or refund shall be in lieu of all other remedies at law or in equity, including but not limited to the right of indemnity. Returned goods shall be protected from damage while in Buyer’s possession. Except for will call sales, transportation in both directions is at Buyer’s expense. Under all circumstances return may be made only with Seller’s approval and immediately after Seller’s authorization.
Limited Warranty
We stand behind the quality of our products and want you to be completely satisfied with their performance. As such, Gripper Gasket LLC (“Seller”) warrants to the original Buyer that its products shall be free from defects in material and workmanship for a period of one (1) year and will replace defective product returned to it within that time.
This warranty is exclusive, and Seller makes no other express or implied warranties or representations concerning the products (whether implied by statute or otherwise) and specifically excludes such warranties and representations to the fullest extent permitted by law. Seller specifically makes no warranty of merchantability or fitness for any particular purpose. Seller neither assumes nor authorizes any person to assume for it any other liability in connection with the sale or use of the goods sold hereunder. Seller’s liability shall be limited to the remedies, and shall not exceed the amounts, stated in these general terms and conditions of sale.
Limitation of Liability and Damages
Buyer assumes all risk and liability whatsoever resulting from the use of Seller’s goods. Seller’s liability for products Buyer claims and proves are defective or nonconforming shall in no event exceed the purchase price for the product against which claim is made. Seller shall not be liable for any defects that may be caused either by faulty materials used in the aggregate with Seller’s product and which are manufactured by others or by faulty construction, installation or use on the part of the Buyer or others. Under no circumstances shall Seller be responsible for Buyer’s removal or installation costs. All claims for breach of warranty or any claim relating to the product must be presented to Seller in writing within one (1) year after delivery to Buyer. Failure of Buyer to give such notice shall be deemed to be a waiver by Buyer of all claims with respect to the subject products. Seller and Buyer agree that Seller shall not in any event be liable for any liquidated damages, penalties, consequential, contingent, special or incidental damages whatsoever, resulting from the purchase, delivery, receipt, installation or use of Seller’s products, even if Seller shall have been advised of the possibility of such potential loss or damage, including, without limitation, liability for loss of use, loss of work in progress, down time, loss of revenue or profits, Buyer’s cost of cover, failure to realize anticipated savings, loss of Buyer’s property or any liability damage or loss occasioned by such product including injuries to persons or property under any tort, negligence, strict liability, contract, or other legal or equitable theory, including indemnity. Under no circumstances shall Buyer be entitled to a claim for damages of any kind for loss, damage or leakage after delivery is made in good condition. Under no circumstances shall Seller be liable for any delays in the performance of this Agreement or any order submitted by Buyer or Buyer’s agent, in whole or in part, from any cause, including but not limited to fire, earthquake, flood, rainstorm, strike lockouts, or other differences with workmen or employees, accidents, war, riots, embargoes, delays, losses, or damages in transportation, shortages of train cars or transportation carriers, fuel, labor or materials, delays of other companies or contractors, or similar contingencies. Seller reserves the right to refuse to make delivery in any instance where Seller believes delivery unsafe or impracticable by reason of any strike, lockout boycott or picketing or other labor disputes whether existing or threatened. No payment to Seller shall be withheld by Buyer pending adjustment of liability for the amount of any claim.
How to Contact Us
Have questions or comments? Send us a message here or call (951) 479-4999.
You may not use contact information provided on this Site for unauthorized purposes, including marketing.
Privacy & Security
Our Privacy & Security Statement is available for your review here.
Accuracy and Timeliness of Site Content
While we make every reasonable effort to ensure that the content on this Site is correct, current, and complete, we do not make any assurances, nor take responsibility if the information presented on this Site is not correct, current, or complete. Any reliance on the information on this Site is at your own risk. The content on this Site is provided for general information only and should not be depended upon or taken as the sole basis for making decisions without consulting product literature or other sources of information.
Personal Use of Site Content
You concede and acknowledge that all content on this Site, including, but not confined to, text, illustrations, images, logos, and downloads, as well as the selection and arrangement of these, is the sole property of Gripper Gasket LLC and protected by copyright, trademark, and other applicable laws. You may access, download, and print the material contained on this Site for your personal and non-commercial use, provided you do not alter or delete any copyright, trademark or other proprietary note that appears within the material. Any other use of content on this Site, including modification, but not confined to, dissemination, transference, performance, publication, uploading, licensing, reverse engineering, transfer, or sale of, or the formulation of derivative works from any material, information, products. or services procured from this Site for intent competitive to Gripper Gasket™, is expressly prohibited. Gripper Gasket™ holds full and complete title to any and all materials furnished on this Site, including all related intellectual property rights. The content on this Site is furnished to you under a limited license that is revocable at any time, and Gripper Gasket™ reserves the right, without notice and at its sole discretion, to terminate your license to use the Site and to block or prevent future access to and use of the Site.
Prohibited Conduct
You hereby agree to not upload, distribute or otherwise publish through the Site any content that (i) is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, fraudulent, abusive, inflammatory or otherwise objectionable, (ii) is confidential, proprietary, incorrect, infringing on intellectual property rights; (iii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iv) may contain software viruses, chain letters, mass mailings or any form of “spam”. You many not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
You expressly agree to refrain from doing either personally or through an agent, any of the following: (1) use any device or other means to harvest information about other users; (2) transmit, install, upload or otherwise transfer any virus or other item or process to the Site that in any way affects the use or service of the Site, or any user’s computer or other medium used to access the Site; (3) modify the information, including headers, found on the Site; (4) transmit, install, upload or otherwise transfer to the Site any unauthorized advertisement or communication; (5) engage in any action which Gripper Gasket™ determines is detrimental to the use and enjoyment of the Site; (6) use the Site for any unlawful or defamatory means; and (7) transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or any other country in which you reside.
You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to covertly intercept any system, data, or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in anyway. Gripper Gasket™ reserves the right, at its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Gripper Gasket may be entitled at law or in equity.
No commercial use of the information on or under the Site is licensed or permitted. The use of automated systems (robots, spiders or any other data-mining or similar data-gathering and extraction tools) to access, acquire or download information on the Site is expressly prohibited where such systems are employed in connection with commercial objectives (other than indexing for search engines) or in a fashion that directly or indirectly violates any privacy interests.
Hyperlinks and Third-Party Sites
For your convenience, the Site may contain links to other websites, some of which are operated by Gripper Gasket™ affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other websites and are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. Gripper Gasket™ has no control over third party websites and makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of any websites accessible by hyperlink from the Site, or websites linking to the Site. Inclusion of links to other websites should not be viewed as an endorsement of the content of linked websites. Different terms and conditions may apply to your use of any linked websites. Gripper Gasket™ is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked websites. Visitors to such third-party websites should refer to such websites’ respective privacy policies, and terms and conditions.
Trademarks and Copyrights
The words “Gripper Gasket” the Gripper Gasket™ logo, and the products and services described in the Site are either registered or unregistered trademarks, trade names, or service marks, trade dress, or copyrighted material of Gripper Gasket™ and its licensors or are the property of their respective owners. These marks and copyrights may not be copied, imitated, or used, in whole or in part, without the express prior written permission of Gripper Gasket™ or their respective owners, and then with the proper acknowledgments. In addition, page headers, custom graphics, button icons and scripts may be service marks, trademarks, or trade dress of Gripper Gasket™, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Gripper Gasket™. Nothing on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. Gripper Gasket™ reserves all rights not expressly granted in and to the Site and its content. The Site and all its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
Infringement Notice
We respect the intellectual property rights of others and request that you do the same. You are hereby informed that Gripper Gasket™ has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Gripper Gasket’s system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:
Connors & Associates
13421 Danbury Lane, Unit 135i
Seal Beach, CA 90740
949-833-3622
To be effective, your notification must be in writing, include your contact information, provided to our copyright agent, and include: (a) signature of a person authorized to act; (b) identification of the copyrighted work claimed to have been infringed; and (c) identification of the material that is claimed to be infringing including references to the location of the material on the Site.
Disclaimers
Warranties
Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the Site or any feature or part thereof at any time. Gripper Gasket™ expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the Site are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the Site will be uninterrupted or error-free; that the Site will be secure; that the Site or the server that makes the Site available will be virus-free; or that information on the Site will be complete, accurate or timely. If you download any materials from the Site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from Gripper Gasket™ or through or from the Site shall create any warranty of any kind. Gripper Gasket™ does not make any warranties or representations regarding the use of the materials on the Site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
Limitation of Liability
You acknowledge and agree that you assume full responsibility for your use of the Site. You acknowledge and agree that any information you send or receive during your use of the Site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the Site is at your own risk and that the Site is made available to you at no charge. As such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither Gripper Gasket™ nor its affiliates, suppliers or third party content providers will be liable for any direct, special, indirect, punitive, exemplary, incidental, consequential or other damages arising out of or in any way related to the Site, or any other website you access through a link from the Site or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use the Site, or for any information, products or services advertised in or obtained through the Site, or removal or deletion of any materials submitted or posted on its Site, or otherwise arising out of the use of the Site, whether based on contract, tort, strict liability or otherwise, even if Gripper Gasket™, its affiliates or any of its suppliers has been advised of the possibility of damages. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither Gripper Gasket™ nor its suppliers shall be liable for any defamatory, offensive, or illegal conduct of any user of the Site. Your sole and exclusive remedy for any of the above claims or any dispute with Gripper Gasket™ is to discontinue your use of the Site.
Indemnification
You agree to indemnify, defend, and hold harmless Gripper Gasket™ and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms & Conditions of Use. If you cause a technical disruption of the Site, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Gripper Gasket™ reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Gripper Gasket™ in the defense of such matter.
Jurisdiction and Applicable Law
The laws of the State of California shall govern the construction and interpretation of these Terms & Conditions of Use and the rights of the parties hereunder. By accessing, using, posting, or placing order under the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms & Conditions of Use and by all applicable laws and regulations, including U.S. Export control laws and regulations.
Visitors who do not agree with these Terms & Conditions of Use should not access, use, post, or place orders on or through the Site. By using the Site, you irrevocably agree that any controversy or claim arising out of or relating to your use of the Site, or any services provided hereunder shall be settled by binding arbitration to be held in the English language in Corona, California, U.S.A., in accordance with the commercial arbitration rules of the American Arbitration Association. Any judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction. Any award rendered by the Arbitrator(s) may include costs against either Party, but under no circumstances are the Arbitrator(s) authorized or empowered to award special, punitive, or multiple damages against either Party.
Changes to These Terms and Conditions of Use
Gripper Gasket™ reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms & Conditions of Use, in whole or in part, at any time, by posting terms on the Site. It is your responsibility to check periodically for any changes we make to the Terms & Conditions of Use. Your continued use of the Site after any changes to the Terms & Conditions of Use or other policies constitutes your acceptance of these changes.
Gripper Gasket™ reserves the right to change any and all materials and content contained on the Site at any time without notice, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
Entire Agreement and Admissibilty
These Terms & Conditions of Use, Gripper Gasket’s Privacy & Security Statement, and any policies operating rules posted on the Site constitute the entire agreement and understanding between you and Gripper Gasket™ with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms & Conditions of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability
If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.
You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. Gripper Gasket™ reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever.
Waiver
No waiver by Gripper Gasket™ of any right under or term or provision of these Terms & Conditions of Use will be deemed a waiver of any other right, term or provision of these Terms & Conditions of Use at that time or at any other time.
Language
It is at the express consent of the parties that the present agreement be written in English.
