Last updated: June 16, 2020
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://www.passaic.com website (the “Service”) operated by Passaic Rubber Company (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Passaic Rubber Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Passaic Rubber Company.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Passaic Rubber Company.
Passaic Rubber Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Passaic Rubber Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Passaic Rubber Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Passaic Rubber Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Passaic Rubber Company its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Acceptance
This proposal is not an offer but may be considered an invitation for an offer by Buyer, which invitation shall be open for 30 days, and any order by
the Buyer pursuant hereto is subject to acceptance by Passaic Rubber Company (hereafter “Seller”) at Wayne, NJ. This proposal is subject to change
upon written notice to the Buyer until Buyer’s order is accepted by Seller. THE TERMS AND CONDITIONS HEREOF SHALL APPLY TO GOVERN BUYER’S
ORDER, AND IN CASE OF ANY INCONSISTENCY BETWEEN SAID TERMS AND CONDITIONS AND BUYER’S ORDER, THE TERMS AND CONDITIONS
HEREOF SHALL PREVAIL. SELLER OBJECTS TO THE INCLUSION OF ANY DIFFERENT OR ADDITIONAL TERMS PROPOSED BY THE BUYER IN ITS OFFER
AND IF THEY ARE INCLUDED IN BUYER’S ACCEPTANCE A CONTRACT FOR SALE WILL RESULLT UPON SELLER’S TERMS STATED HEREIN. Any contract
arising out of the placing of any orders and the acceptance thereof by Seller shall be a New Jersey contract, and shall be interpreted and
administered for all purposes under the laws of the State of New Jersey.
Delivery
Deliveries specified are only our best estimate and date from the receipt of all final engineering and manufacturing information. Seller shall not be
liable for delay in deliveries directly or indirectly resulting from or contributed to by any circumstances beyond Seller’s control including, without
limitation, accident to plant or equipment; riots; wars or national emergency; labor disputes of every kind, however caused; embargoes; non
delivery by suppliers; inability to obtain supplies through normal resources of supply; delays of carrier or postal authorities; or governmental
restrictions, prohibitions or diversions.
Seller also shall not be liable for delay in deliveries resulting from allocation of supplies, in accordance with Seller’s discretion, among all of Seller’s
customers when Seller is unable to obtain, through normal sources of supply, sufficient supplies of any material, commodity, product or component.
Seller may cancel the contract at its option, as to any good diverted pursuant to governmental order. Buyer may not cancel because of any such
delay or for any other reason not the fault of the Seller, except as provided in Paragraph 5 (CANCELLATION) of these Conditions. Buyer’s acceptance
of delivery shall constitute a waiver of any claim for delay.
Any added expenses incurred by Seller because of delay in receipt of details, specifications or other pertinent information, or because of changes
requested by the Buyer, shall be chargeable to the Buyer. Seller shall have the right to deliver and invoice any part of this order immediately upon
completion of manufacture.
Methods and routes of shipment, unless specified by Buyer, shall be accepted as chosen by Seller. Delivery to common carrier, f.o.b. shipping point
(unless otherwise specified), shall constitute delivery and passage of title to Buyer. Risk of loss shall pass to Buyer concurrently with the transfer of
title. If Buyer or the common carrier refuses delivery or delay shipment or acceptance, the material may be stored according to Seller’s direction, as
Buyer’s agent, at Buyer’s risk and expense. During any period of storage provided for herein, title to the goods and risk of loss shall be on Buyer.
All costs subsequent to delivery, including but not limited to the cost of the installation of the machinery or equipment described herein, shall be
borne by Buyer unless otherwise specifically agreed upon by the parties in writing.
SELLER SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING FROM THE LOSS OF
PRODUCTION OR OTHER DAMAGE OR LOSSES OWING TO THE FAILURE OF SELLER’S MACHINERY OR EQUIPMENT, OR THE SUPPLY BY SELLER OF
DEFECTIVE MACHINERY OR EQUIPMENT , OR BY REASON OF ANY OTHER BREACH OF THE CONTRACT BY THE SELLER.
BUYER HEREBY WAIVES ANY RIGHT TO DAMAGES IN THE EVENT IT RECINDS THE CONTRACT FOR BREACH OF WARRANTY.
Patent Infringement
In the event the material described herein is used by Buyer in a manner causing unauthorized patent infringement, Buyer shall hold harmless and
indemnify Seller as to any and all damages and costs for with Seller may become liable because charged with contributing to or inducing said
infringement, providing that said infringement is not caused solely by construction of said machinery or equipment regardless of the manner in
which it is used.
Cancellation
A contract resulting from this proposal shall not be subject to cancellation by Buyer without Seller’s written consent. Such consent will be granted, if
at all, only upon condition that Buyer shall pay Seller reasonable cancellation charges determined by Seller.
Warranty
All material furnished hereunder are warranted to be within Sellers quality standards for such material. Seller’s liability in any event is limited,
however, to Buyer’s net purchase price of such material or at Seller’s option, to the replacement of such material upon its return to Seller. No claim
will be allowed by seller unless seller is notified thereof of writing within thirty (30) days after arrival of material at destination, and unless Seller is
permitted to examine it before use or processing.
Corrections
All proposals are subject to subsequent correction in case of clerical or stenographic error.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.