Term and Conditions
General Terms and Conditions of Sale
By purchasing any products or services on Sandvik Wire and Heating Technology Corporation’s (“SWHT” or “SWHT”) website (the “Site”), the customer (the “Customer” or “you”) accept without limitation or qualification, these General Terms and Conditions or Sale governing such purchase. If these General Terms and Conditions of Sale are construed to be an offer, this offer expressly limited acceptance by SWHT to the terms of this offer, and notice and objection to any different or additional terms is hereby given by SWHT. If these General Terms and Conditions or Sale are construed to be an acceptance of an offer, this acceptance is expressly conditioned upon Customer’s assent to any different or additional terms contained in these General Terms and Conditions of Sale. If SWHT already has an executed purchase agreement currently in effect with you or enters into the same in the future, then the terms of such signed purchase agreement (as the same may be amended from time to time) shall prevail in the event of any conflict between these General Terms and Conditions of Sale and such purchase agreement. If SWHT does not already have or enter into an executed purchase agreement with Customer, then these General Terms and Conditions of Sale shall constitute the complete agreement between SWHT and Customer with respect to the Products or Services. If you do not agree or accept, without limitation or qualification, these General Terms and Conditions of Sale, you may not purchase from SWHT’s website.
I. APPROVED CUSTOMERS; ACCOUNTS
A. Approved Customers Only; No Export.
Only Customers approved by SWHT in its sole discretion and registered in the SWHT Customer database may purchase products through the Site. A credit check will be made for each new Customer prior to registration and an approved credit check is a pre-condition for registration, with the exception of those customers who register only with the intent of paying with a credit card.
Customers are not permitted to export the products sold hereunder. Products sold hereunder are authorized for resale only within the United States. If a Customer desires to purchase a SWHT product for export, SWHT may be able to assist Customer in identifying a contact for purchase of the product in the applicable country. Please contact the Customer Service Center at 1-800-KANTHAL (526-8425) for assistance.
1. Registration. Upon registration of the Customer’s user account, the Customer affirms its acceptance to these General Terms and Conditions of Sale and confirms that it has read and accepted these General Terms and Conditions of Sale. These General Terms and Conditions of Sale will apply to each order that the Customer places through the Site.
2. Use of User Account. The Customer is allowed to register one or several users for the Site (each, a “User”). SWHT will establish the connectivity for accounts authorized to allow multiple buyers and, in some cases, assign each User the initial user account and a User-ID. Once connectivity is established, it is the sole responsibility of the designated Customer Administrator to authorize, maintain and remove users connected to their SWHT Web Shop Account. Any User who logs on to the Site using the Customer’s password acts on behalf of the Customer, and the Customer represents and warrants to SWHT that each and every User is authorized to use the Customer’s user account(s) and the Site on the Customer’s behalf. The use of the password is deemed to be a guarantee for, and confirmation of, the User’s authority to represent the Customer. The password is deemed to be the Customer’s signature for use of the Site which SWHT may rely on without any further enquiry.
C. Amendments. SWHT may, at any time and without notice, modify these General Terms and Conditions of Sale by revising them on the Site. Any purchases made after the date of any such modification shall be controlled by the modified version. Customer should therefore periodically visit this page to review the current General Terms and Conditions of Sale. Customer may not modify these General Terms and Conditions of Sale except in a writing signed by SWHT.
A. Product Warranty.
SWHT warrants its products to be free from defects in materials and workmanship for a period of ninety (90) days from delivery.
B. Software Warranty.
SWHT warrants the disks on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase.
1. License. SWHT is the exclusive owner of the Software and Documentation enclosed and/or made available to Customer for download on the Site. SWHT hereby grants to Customer, and Customer hereby accepts, a non-exclusive license to access and use the Software and Documentation. The Software and Documentation are licensed, not sold, and Customer is not the owner of them. Your right to use the Software and Documentation under this Agreement is called the "License". By "Software", we mean computer programs and/or mobile applications (apps) recorded on physical media, hosted, sold to Customer or made available for download on the Site, any updates thereto which we may later provide to you, and back-up copies made by Customer and the physical storage medium thereof. By "Documentation", we mean the User Manual and other materials packaged with the Software and/or made available for download on the Site.
2. Copyright. The Software and Documentation is owned by SWHT and is protected by United States copyright laws and international treaty provisions. All right, title, and interest in and to all images, source code, updates, enhancements, modifications, and improvements contained in or related to the Software and Documentation, along with all intellectual property rights related thereto, shall remain with SWHT. Therefore, you must treat the Software like any other copyrighted material except that you may make duplicate copies of the Software only for your business use, provided that you place on each copy a label with your name and address and: "Property of SWHT. Copyright 2013 SWHT".
THE ABOVE WARRANTIES COMPRISE SWHT’S SOLE AND ENTIRE WARRANTY OBLIGATION AND LIABILITY TO CUSTOMER, ITS CUSTOMERS AND ASSIGNS IN CONNECTION WITH THE PRODUCTS, SOFTWARE AND DOCUMENTATION SOLD AND SUPPLIED HEREUNDER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.
III. HAZARDOUS PRODUCTS -- CUSTOMER'S WARRANTIES AND ASSUMPTION OF DUTIES REGARDING SAFETY, HEALTH, UNLOADING, USE, HANDLING AND DISPOSAL OF THE PRODUCTS
A. Use of the Products.
Customer hereby acknowledges that the products sold by SWHT through the Site may contain high speed steel, cemented carbide, ceramics, PCD, CBN and various types of metal alloys. Customer undertakes to use a product only for its intended purpose and always to comply with applicable recommendations and instructions (provided through product leaflets, descriptions, catalogues or other accompanying documentation.)
B. Material Safety Data Sheets (MSDS).
The MSDS set forth information concerning the products and describe certain precautions to be taken in the storage, handling and use of the same. These MSDS are available from SWHT upon request. Customer assumes the following duties and obligations:
1. Customer will familiarize itself and comply with all information and precautions disclosed in the safety and health information, including, but not limited to, any MSDS, transmitted to Customer by SWHT or otherwise available to Customer from SWHT at any other time;
2. Customer will adopt and follow safe handling, storage, transportation, use, treatment and disposal practices with respect to the products, including, but not limited to, all such practices required by federal state and local government statues, rules, regulations or ordinances;
3. Customer will instruct its employees, independent contracts, agents and Customers of the precautions and safe use practices required in connection with the unloading, handling, storage, use, transportation and disposal of the products, including, but not limited to, information contained in SWHT’s most current MSDS; and
4. Customer will comply with applicable safety and environmental laws and take actions necessary to avoid any dangers to persons, property or the environment.
C. CUSTOMER WARRANTS THAT IT HAS USED ITS OWN INDEPENDENT SKILL AND EXPERTISE IN CONNECTION WITH THE SELECTION AND USE OF THE PRODUCTS AND THAT IT POSSESSES THE REQUISITE SKILL AND EXPERTISE IN THE HANDLING, STORAGE, TRANSPORTATION, TREATMENT, USE AND DISPOSAL OF THE PRODUCTS. CUSTOMER HEREBY AGREES TO INDEMNIFY SELLER AGAINST ANY AND ALL CLAIMS FOR DAMAGE OR INJURY CAUSED BY CUSTOMER'S BREACH OF THE ABOVE WARRANTY.
The sole and exclusive remedy of Customer against SWHT shall be the repair, replacement, or issuing of credit, at SWHT’s option, without additional charge to Customer for any products that SWHT agrees are defective.
THE CUSTOMER AGREES THAT NO OTHER REMEDY (INCLUDING, WITHOUT IMITATION, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO IT WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY. CUSTOMER FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS SWHT AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES FROM ANY LIABILITY OR OBLIGATIONS FOR PERSONAL INJURY INCURRED DIRECTLY OR INDIRECTLY IN CONNECTION WITH ANY OF THE PRODUCTS, SOFTWARE OR DOCUMENTATION SOLD OR SUPPLIED BY SWHT.
V. ORDERS; RETURNS; PAYMENT & DELIVERY
A. Orders and Confirmations.
An order placed through the Site is binding on the Customer. SWHT reserves the right to decline any order. The Customer is aware that the Site system will submit online queries to the SWHT order management system and that information provided to the Customer in reply is valid only at the actual time the query is submitted. Consequently, the information may change in the meantime between the query and the delivery of the product. Furthermore, the Customer’s user account may have been subject to restrictions with respect to credit limits and/or quantity of purchases. Any order in excess of such limits will automatically be rejected by SWHT. The Site system will not
automatically send an order confirmation. If the Customer requires an electronic order confirmation, the Customer may contact SWHT Customer service separately [web address] or by calling our Customer Service Center at 1-800-KANTHAL (526-8425).
B. Delivery Times.
SWHT aims to meet the delivery times provided to the Customer after an order has been placed. However, SWHT reserves the right to adjust the delivery time for the entire or parts of any order. If a Customer wishes not to complete a purchase because of such an adjusted delivery time, then the Customer is entitled to cancel the order with respect to the delayed portion of the order. Cancellations must be notified without undue delay, and in any event prior to the shipment date of the portion of the order to be cancelled. The right to cancel is the only and exclusive remedy available to the Customer because of delays.
Customer is entitled to return non-customized, non-special order, stocked products within thirty (30) days from the date of delivery. To qualify for return, the product must be unused and remain in undamaged and sealed original packaging, as well as match the current design and packaging for the product at the time of return. If Customer wishes to return products, the return should be processed via Web Shop within 90 days of invoice date, the invoice price will be credited and no handling fee will be applied. Returns requested after 90 days or requested through Customer Service, at any time, will be processed at the invoice value less a 10% handling fee. If you do not have an account or do not have authorization to return products via Web Shop, please contact Customer Service for details.
Returns may not exceed 5% of Customer’s prior year’s purchases.
All items for return must be received at 19500 Nugget Blvd., Sonora, CA 95370 within thirty (30) days from the date a return merchandise authorization (“RMA”) was issued.
Material returned without a RMA will be returned to sender, at the senders expense.
D. Payment Options.
SWHT accepts payment from qualified Customers through the Site by the following credit cards: Visa, MasterCard and American Express. SWHT may also accept open account invoicing to qualified Customers upon credit approval. Please refer to SWHT’s website for further information on terms and condition of payment.
E. Force Majeure.
The conditions of a delivery are contingent upon any causes beyond SWHT’s control including but not limited to SWHT’s inability to acquire the necessary materials, acts of God, war, civil commotion, riots, embargoes, domestic or foreign governmental regulations or orders, forces of elements, strikes, labor disputes, machinery breakdowns or shortages of or inability to obtain shipping space or transportation.
SWHT’S OBLIGATIONS HEREUNDER ARE SUBJECT TO CANCELLATION AND/OR RESCISSION BY SWHT AT ITS OPTION. RISK OF LOSS, INJURY OR DESTRUCTION OF THE PRODUCTS SHALL PASS TO CUSTOMER UPON DELIVERY TO CARRIER.
Sales taxes, use taxes, or similar taxes will be added where imposed. All sales are made in accordance with our standard written policies. Prices and product status are subject to change without notice.
VI. GENERAL PROVISIONS
A. Entire Agreement.
This writing evidences the entire agreement between the parties and supersedes all prior written or oral representations or agreements. This Agreement may not be altered, modified, or waived orally, by course of performance, course of dealing or usage of trade.
A holding that any term or condition hereof is void and unenforceable shall not render void or unenforceable any other term or condition.
C. Governing Law.
All questions, disputes or actions arising in connection with this Agreement shall be construed, resolved and governed in accordance with the Commercial Code of the State of New York without regard to its conflict of law provisions and excluding the United Nations Convention on the International Sale of Goods.
This website, located at uniform resource locator shop.kanthal.com (the "Site"), is provided by SWHT (“SWHT,” "we," "our," or "us") to the person accessing this Site ("you," "your").
1. You Agree to These Terms by Using this Site.
2. Other Documents.
Terms and Conditions of Sale. To the extent that you place any orders by or through the Site, SWHT's Terms and
3. Permitted Use of the Site.
The information and materials on this Site are provided for general informational purposes. You may use this site, including all tools, software, technical guides, and mobile applications, solely for the purpose of learning about and/or purchasing SWHT services and products. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on this Site for any other purpose.
4. User Submitted Content.
The Site may, from time to time offer interactive features that allow users to submit content to the Site. SWHT does not and cannot review all such content, and is not responsible for such content.
You acknowledge that by providing the ability to view and distribute user-generated content on the Site, SWHT is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, SWHT reserves the right to block or remove communications or materials that it determines to be unacceptable to SWHT in its sole discretion.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a SWHT employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable and which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
5. Notice; Electronic Communications.
When you visit this Site or send e-mails to SWHT, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Typographical Errors.
In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, SWHT reserves the right to refuse or cancel any orders placed for the incorrectly listed product, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SWHT shall issue a credit to your credit card account in the amount of the incorrect price.
7. Disclaimer – Warranty.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THIS SITE, ITS CONTENT, MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SWHT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SWHT does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other
harmful components. SWHT does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
9. Limitations of Liability.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER SWHT, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Third-Party Links.
In an attempt to provide increased value to our visitors, SWHT may link to sites operated by third parties. However, even if the third party is affiliated with SWHT, SWHT has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of SWHT. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, SWHT specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
SWHT does not endorse the content, or any products or services available, on such sites. Nonetheless, SWHT seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).
Unless otherwise indicated, all trademarks, brand names, corporate logos and emblems displayed on the Site are the property of SWHT, its affiliates, its licensors or joint venture partners.
SWHT's trademarks, brand names, corporate logos and emblems may not be used any way without the prior written permission from SWHT.
Copyright © 2019, Sandvik Wire and Heating Technology Corp. ALL RIGHTS RESERVED.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SWHT or its content suppliers and protected by United States
and international copyright laws. The compilation of all content on this Site is the exclusive property of SWHT and protected by U.S. and international copyright laws. All software used on this Site is the property of SWHT or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
13. Copyright Complaints.
SWHT respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at 1-800-KANTHAL (526-8425).
14. Export Control. Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
SWHT does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control Laws.
15. Law and Jurisdiction.
17. Questions and feedback.
We welcome your questions, comments, and concerns about this Site. Please send us any and all feedback pertaining to this Site to firstname.lastname@example.org.
1. What information do we collect? We collect information from you when you register on the Site, place an order, respond to communication such as e-mail, or participate in another Site feature.
a. When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our Site without providing such information.
b. We use IP addresses and session identifiers to analyze trends, to administer the Site, to track user activities, to infer user interests, and to otherwise induce, deduce, and gather information about individual users and market segments.
c. Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our Site. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.
2. How do we use your information? We may use the information we collect from you when you register, purchase products, respond to a survey or marketing communication, surf the Site, or use certain other Site features in the following ways:
a. To personalize your Site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
b. To allow us to better service you in responding to your customer service requests.
c. To quickly process your transactions.
d. To administer a promotion, survey or other Site feature.
3. Do we disclose the information we collect to outside parties? We generally do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described herein. The term "outside parties" does not include website hosting partners and other parties who assist us in operating our Site, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. In the event that we sell our company, or otherwise transfer any assets of our company, we may provide your information to the purchaser so that you may continue the relationship or business with us and our products. We may also release your information when we believe release is appropriate to comply with the law, enforce our Site policies, or protect ours or others' rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
4. Correction/Updating Personal Information. You can correct or update your personally identifiable information by re-registering or by contacting us by electronic-mail email@example.com or by telephone 1-800-KANTHAL (526-8425).
We may contract with third-party service providers to assist us in better understanding our Site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Mozilla Firefox or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your Site experience more efficient and some of our services will not function properly.
6. Safeguarding Your Personal Information. SWHT follows generally accepted industry security standards to safeguard and help prevent unauthorized access, maintain data security and correctly use such Personal Information. However, no commercial method of information transfer over the Internet or electronic data storage is known to be 100% secure. As a result, we cannot guarantee the absolute security of that information during its transmission or its storage in our systems.
9. Questions and feedback. We welcome your questions, comments, and concerns about this Site. Please send us any and all feedback pertaining to this Site to1-800-KANTHAL (526-8425).
10. Your California Privacy Rights. Under California’s "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2012 will receive information regarding 2011 sharing activities).
To obtain this information from SWHT please send an email message to firstname.lastname@example.org with "Request for California Privacy Information" on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response.