Product Terms and Conditions

PRICES

These prices, terms and conditions are subject to change without notice and supersede those in all previous price sheets and quotations.

Orders will be shipped at prices in effect at time of shipment, except that firm orders for specific projects will be accepted at prices in effect the date the order is received, if delivery of such orders is taken within 90 days from the date of any price advance. Extended delivery beyond 90 days will be subject to our written acceptance.

Minimum charge on all orders is $50.00 USD net. 

All expedited orders are subject to a $25.00 USD net service fee.

Any manufacturers’ or sales tax enacted by federal, state or local laws will be added to our prices.

 

TERMS

A 2% cash discount may be deducted from invoices (before shipping and other charges) paid on or before the 10th of the month following shipment. Shipments made after the 25th of the month will be considered for discount purposes to have been made the first of the following month.Net payment due within 30 days from invoice date.

Orders do not become an obligation of Symmons until accepted by our written acknowledgment. After our acknowledgment, orders may be modified or cancelled only by our written agreement.

Orders for special units, i.e., requiring special modification or fabrication for particular job conditions, may be changed (with price adjustment if necessary) before our going into production. Cancellation prior to production will be subject to engineering charges. Once these orders are in production, we will not accept cancellation.

Errors on our written acknowledgments, invoices or product shipments are subject to correction by the company without the accrual of penalties.

We reserve the right to make reasonable changes in products without prior notice.

Delivery of orders is subject to accidents, strikes and other causes beyond our control.

FREIGHT

All shipments from the factory are F.O.B. Braintree, Massachusetts with full freight allowance on shipments of $2,500.00 USD net or more with no limits or restrictions as to product. Full freight allowance is also allowed on shipments of forty-eight or more units with exceptions (contact Symmons customer service for details). This freight allowance does not apply to partial shipments requested by the customer unless the shipment is $2,500.00 USD net or more or consists of forty-eight or more units of qualified products (contact Symmons customer service for details).

RETURN GOODS

Authorization is required from Symmons before any merchandise is accepted for return.

Merchandise returned to the factory without a Symmons Return Material Authorization(RMA) will be returned to shipper.

When Authorization is given, all merchandise must be labeled with a Symmons Return Material (RMA) Number and include the Symmons bar-coded RMA slip.

Transportation charges are to be paid by the shipper. Merchandise must be returned within 1 year of its shipment from the factory to qualify for credit. Material returned in the original undamaged, unopened packaging will be subject to a 25% handling charge.

Any material not in resalable condition will be repackaged and reconditioned when possible and be subject to additional factory determined charges, including a $3.00 USD net repackage fee per product. All material authorized to be returned is then subject to inspection upon receipt at our factory in Braintree, MA.

No credit will be issued for any material deemed damaged or not available for immediate resale. Examples of such imperfections include but are not limited to missing parts/components, finished surface blemishes or scratches and any previously installed product.

Products that have been discontinued will not be credited.

Products purchased through the “Custom Design Services” group are not eligible for return and do not qualify for credit.

Custom Hydapipe units or systems, custom cut extension covers and horizontal shroud systems are non-returnable product. Factory assembled TempControl, Maxline, and related “B” series and “BW” series cabinet units are subject to a 50% restocking charge. Custom, non-cataloged cabinets are non-returnable.

Complete electronic faucets are non-returnable without the express authorization of the customer service department and only after reasonable attempts have been made to correct an alleged factory defect, under the guidance of a Symmons factory customer service representative.

Other special order material is subject to a special return policy.

Heavy plumbing products are readily damaged beyond repair when not packaged properly. Extreme care must be taken when products are repacked for return to factory; otherwise, their total value may be lost.

Website Terms and Conditions

1. Introduction

These Website Standard Terms and Conditions written on this webpage (the “Terms”) shall manage your use of this website. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

These Terms may change from time to time. All changes shall take effect immediately upon posting of the updated document on the site. You should periodically check the site for updates. Any use of the site by you after the effective date of any changes will constitute your acceptance of such changes. If you fail to re-review these Terms and Conditions as required to determine if any has changed, you assume all responsibility for such omissions.

2. Intellectual Property Rights

Other than the content you own, under these Terms, Symmons Industries, Inc. (“Symmons”) and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website, and for no other purpose.

3. Restrictions

You are specifically restricted from all of the following

  • publishing or distributing any Website material in any other media without our prior written permission;
  • selling, sublicensing and/or otherwise commercializing any Website material without our prior written permission;
  • publicly performing and/or showing any Website material without our prior written permission;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website or any information contained in the Website;
  • using this Website to engage in any advertising or marketing without our prior written permission.

Certain areas of this Website are restricted from being accessed by you, and Symmons may further restrict access by you to any areas of this Website, at any time, in our absolute discretion.

4. Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material we permit you to display on this Website. By displaying Your Content, you grant Symmons I. a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute Your Content in any and all media.

You warrant and represent that any Content you are permitted to post on the Website is your original work, and/or that the posting of such content on our Web Site does not infringe the intellectual property rights (including copyrights) Symmons Industries, Inc. reserves the right to remove any of Your Content from this Website at any time without notice.

5. Rules of Conduct

The following activities are strictly prohibited in connection with use of the Website or any services provided in connection therewith:

  1. Harassment in any manner or form;
  2. Impersonation of others, or using a user name that either is misleading or contains Inappropriate Information.
  3. Using language that is defamatory, offensive, pornographic, or otherwise inappropriate, anywhere on the Website;
  4. Distributing, copying, or using any materials that violate the copyrights, trademarks, or other intellectual property rights of Symmons, or any third party.
  5. Stating or implying that any statement made or conduct undertaken by you is endorsed or approved by Symmons without our prior express written consent.
  6. Removing any copyright, trademark or other propriety rights notice appearing on the Website;
  7. Transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  8. Modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Website, or causing others to do so.

6. Online Content.

  1. The opinions, advice, statements, offers, or other information or content expressed on the Website by persons other than Symmons are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Website, and we do not adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Symmons or for any losses or damages arising from anyone’s reliance on such information. We reserve the right to remove any such material that in our discretion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, include inappropriate information, or that might violate the rights, harm, or threaten the safety of others.
  2. From time to time, the Website may contain links to web sites that are not owned, operated or controlled by Symmons. All such links are provided solely as a convenience to you. If you use these links, you will leave the Website.  We are not responsible for any content, materials or other information located on or accessible from any other web site. We do not endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from the Website, you do so entirely at your own risk.

7. Temporary Unavailability and Website Downtime.

The Website may be temporarily unavailable from time to time for maintenance or other reasons.  Symmons assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user’s communications as a result of such unavailability. Symmons is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the Website, or on any web site or any combination thereof, including injury or damage to users’ or any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using the Website. 

8. Inappropriate Information

In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have posted, communicated or participated in the posting or communication of information that is defamatory, scandalous, pornographic, offensive, harassing, unlawfully discriminatory, or otherwise deemed by Symmons to be inappropriate (“Inappropriate Information”), we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Website.  We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials

9. Limitation of Liability and No Warranties

  1. WE DO NOT CLAIM AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USING THE WEBSITE.
  2. THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SYMMONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SYMMONS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS, PRODUCTS, SERVICES OR FUNCTIONS PROVIDED ON OR THROUGH THIS WEBSITE WILL BE COMPLETE, ACCURATE, UP TO DATE, UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  SYMMONS DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE CONTENT ON THE WEBSITE.
  3. SYMMONS SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THE WEBSITE.  IN NO EVENT SHALL WE OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.  PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
  4. SYMMONS DOES NOT INVESTIGATE, EVALUATE OR OTHERWISE SCREEN USERS WHO USE OUR WEBSITE. AS A RESULT, SYMMONS IS NOT LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL, ARISING OUT OF YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED THEREIN.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, YOU AGREE AND ACKNOWLEDGE THAT SYMMONS’S MAXIMUM LIABILITY TO YOU IS LIMITED TO ONE-HUNDRED DOLLARS ($100).
  5. THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET FORTH IN THIS PARAGRAPH ARE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. CERTAIN STATE’S LAWS MAY NOT RECOGNIZE OR OTHERWISE MAY LIMIT SOME OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN.  IF SO, YOU MAY HAVE ADDITIONAL RIGHTS.

10. Indemnification

You shall defend, indemnify, and hold harmless Symmons and any of its officers, directors, employees, agents, shareholders and representatives for any losses, damages, judgments, orders, costs, liabilities and expenses (including without limitation reasonable attorneys' fees and expert fees) relating to or arising out claims or allegations brought by third parties related to or arising out of your use of the Website and its service, including, without limitation, the following:  (i) your breach or repudiation of any obligations, representations or warranties set forth in these Terms and Conditions; (ii) your violation of any criminal law or any civil law, rule or regulation; (iii)  your violation of any third party’s rights under applicable law, including without limitation infringement of a third party’s intellectual property rights; (iv) personal injury as a result of your use of defamatory language or Inappropriate Information; or (v) death, bodily injury or other damage to person, or damage to property caused by your conduct or omissions.  This indemnity shall apply without regard to the negligence of any party, including any indemnified person.  We reserve the right to retain additional counsel to represent us at our own cost and expense.

 

11. Binding Arbitration for Disputes and Class Action Waiver

Any legal disputes or claims arising out of or related to these Terms and Conditions or use of the Website, which we cannot resolve through negotiated means exclusively, shall be submitted for binding arbitration in Boston, Massachusetts.  The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules using a single arbitrator, unless otherwise mutually agreed.  Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, and shall be final and binding. Claims shall be brought within the limitations period required by applicable law. Any claim, action or proceeding arising out of or related to the Agreement that you bring must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHTS TO (1) BRING A LEGAL ACTION IN COURT (2) HAVE YOUR DISPUTE RESOLVED BY A JUDGE OR JURY, AND (3) PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

 

12. Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

 

13. Assignment

The Symmons Industries, Inc. is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

14. Entire Agreement

These Terms constitute the entire agreement between Symmons Industries, Inc. and you in relation to your use of this Website, and supersede all prior agreements and understandings.

 

15. Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Massachusetts without regards to choice of law provisions.

About Symmons

At Symmons, we’ve built a foundation of quality craftsmanship by placing a premium on exceptional service. It’s an inner strength and outward focus that makes Symmons the smart choice. Built to last, designed to stand out, and backed by a customer-first culture.

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