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.
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.
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).
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.
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.
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.
You are specifically restricted from all of the following
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.
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.
The following activities are strictly prohibited in connection with use of the Website or any services provided in connection therewith:
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.
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
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.
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.
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.
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.
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.
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