Terms & Conditions of Sale
Carefully read Terms and Conditions before using or registering on the site. These Terms describe the legal relationship between you and Custom Cylinders International Inc. or Mico Machining Inc. Custom Cylinders International Inc. provides web-based services and information to you subject to these Terms. By accessing the site, browsing and or otherwise, placing an order through any means, you agree to be bound by the terms and conditions below. The information on this page is subject to change without notice. You must revisit this page often to learn of changes. All the content on this site is the property of Custom Cylinders International, Inc. All rights reserved.
The current version of these Terms is May 15th, 2014. These Terms apply to your access to and use of this site. You must be at least 13 years of age to use the site and or any related services provided on the site. If you are between the ages of 13 and 18, you may use the site and services with the consent and involvement of your parent or legal guardian. By accessing, browsing and or otherwise using the site, you represent and warrant: 1. that you are at least 18 years of age or 2. that, as parent or guardian, you agree to these Terms and Conditions of Use and CCI authorize your child who is between the age of 13 and 18 to use the site and related, subject to your responsibility for their conduct.
Definitions: Term; “Termination” These terms and conditions are applicable to you upon your accessing the site and or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by CCI without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Term; “Purchase Order” Includes documents titled “Purchase Order” and any other affirmation of order request including signed drawing, web order, fax order, email order, letter or telephone confirmation. 1. Customer shall mean the named customer on any Purchase Order or master supply agreement for any Product. 2. Products shall refer to all hydraulic components manufactured or distributed by CCI and all other goods manufactured or purchased by CCI for resale, and all services provided by CCI in connection with any “Product”. Term; “CCI” used to represent Custom Cylinders International, Inc.
Personal Account: If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Monitoring of Site: CCI does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute use-generated content on the site, CCI is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, obscene, 1. Fraudulent, deceptive, or misleading, 2. In violation of a copyright, trademark or other intellectual property right of another or 3. Offensive or otherwise unacceptable to CCI in its sole discretion.
This site may contain certain proprietary notices and intellectual property information, the terms of which must be observed. Information on the site may contain technical inaccuracies or typographical error. Information including store-based pricing, advertising and marketing materials, product pricing and availability, may be changed or updated at CCI’s discretion without notice.
Payment and Order: Unless otherwise agreed by CCI in writing at the time an order is placed, payment for all products is due prior to shipment. Any credit terms are subject to prior written approval of CCI’s credit department. Payments shall be due and payable in Winchester, KY U.S.A. in U.S. dollars. Shipments, deliveries and performance of work shall at all times be subject to the approval of CCI’s credit department. CCI may withhold or delay subsequent products, or terminate outstanding orders as a result of late payments by customer. Customer shall reimburse CCI for all damages incurred by CCI by reason of such deferment or cancellation. Invoices that are not paid in accordance with their terms shall incur a finance charge of 5% or the maximum lawful rate, whichever is less of the unpaid balance per month. Receiving a web order confirmation via e-mail or an online ordering confirmation does not guarantee the acceptance of an order by CCI. CCI may, at its own discretion, limit or cancel items or quantities purchased per person, per household or by the same site account, the same credit card, and orders that use the same billing and or shipping address. In the event we make a change to an order. CCI reserves the right to limit or prohibit sales to dealers. CCI reserves the right to discontinue the sale of any product listed on the site at any time without notice. You acknowledge that there may be a period of time after an order has been submitted where the ordered product becomes unavailable. If a product is not in stock or is otherwise unavailable for shipment following completion of the ordering process, you will be contacted to discuss the cancellation of your order under such circumstances; you agree that we may cancel you order before or after Completion of the order process. In rare circumstances, you may receive a shipping confirmation from us, but the product is no longer available. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability. In the event that CCI cancels an order after a shipping confirmation has been sent to you, CCI will refund all fees paid by you for the canceled products.
Accuracy and Content: CCI strives to ensure that the content provided is accurate and up-to-date but due to the risk that the information may be compromised by software or procedural errors, CCI does not guarantee the accuracy or completeness of the information provided on this site or in any CCI documentation. CCI reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice including after you have submitted your order. Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Photos may vary. Pricing and shipping and handling rates are subject to change without notice. We apologize for any inconvenience this may cause you. CCI does not warrant the accuracy, integrity or completeness of the content provided in this Website or in any CCI advertisement. CI makes no representation that the content provided in this Website or in any CCI advertisement is applicable or appropriate for use in location outside the United States.
Returns: Before you return any item, you must call our customer service desk to obtain a Return Goods Authorization (RGA) Number. Returned shipments without a Returned Goods Authorization (RGA) number will be rejected. Our Receiving Department cannot accept a return without an RGA number. Parts must be returned within 30 days of receipt of goods. Returned items are subject to a 25% restocking charge. All returns are subject to inspection by our Quality Control Department and may be rejected if not in resalable condition. Special order items are non-returnable, including cut rod and tubing. All returns of non-current or unsaleable products for which CCI may refuse to issue credit for are subject to repair parts and labor charges, if CCI chooses to repair them. Special orders and custom products, are not returnable.
Order Cancellations: All orders for Standard Cataloged Products are processed immediately and are considered as returns. Canceled orders however taken - online, over phone, fax ect., will not be canceled once processed. All custom supplied, non-cataloged products cannot be canceled. Additional cancelation charges may apply.
Shipping Orders: ship on normal business days, which are Monday through Friday 9am to 4pm Eastern Time, excluding government recognized holidays. Weekend shipment of orders is not currently available. For our Express service, your order must be completed by noon eastern time Monday through Friday in order for it to ship the same day, subject to inventory. Items not allowed by law to be shipped by air freight will automatically be converted to standard shipping for delivery.
Risk of Loss: All items and products from this site are made pursuant to a shipment contract provided by a small package delivery carrier or common carrier for LTL shipments Note: The risk of loss and title for all products passes to the customer upon CCI’s delivery to the carrier, whether CCI pays for the freight charges or the freight charges are paid for by the customer. All claims for lost or damaged shipments should be directed to the appropriate shipment carrier initially, subject to the return policy.
Order Status: You can track your order once it has shipped by visiting your online account. Orders shipping via over the road common carrier will only display the tracking number in your online account, since deliveries are scheduled with the customer. For every order that includes your actual e-mail address, CCI will send a shipping confirmation e-mail with an order tracking number included. If there is a problem with your order, please contact us using the contact information.
Backorders: Backorders will ship as ordered and additional freight charges will apply. Cancellation of backorders must be requested at the time of order to prevent additional freight charges. All backorders under $5 will be cancelled by our staff.
Product Substitution: Products and country of origin may be substituted and may not always exactly match catalog descriptions and or images.
Shipping via Common Freight Truck: Orders weighing more than 100 lb. or having combined dimensions that exceed 169 inches cannot be shipped via a small package freight carrier. Orders meeting or exceeding these criteria will be converted to ship over the road via a common carrier freight trailer truck. A customer service agent will contact you if your order is converted to this ship type carrier, a customer solutions team member will always contact you to arrange delivery of your order. Freight carrier deliveries require a person 18 years of age or older to accept and sign for the delivery.
Sales Tax: Because CCI does Business throughout the United States and collects and remits sales tax as required by law, the site also collects and remits sales tax as appropriate. If you have tax exempt status, please contact us, tax exempt sales for individuals or products are not available on this site.
Use of Site: 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 CCI or other licensed 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 right, abusive, illegal, or otherwise objectionable 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. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. You cannot Spam. We will terminate your account on the first offense of Spamming. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we will terminate your account on the first offense.
Links to other websites: This site may contain links to other websites to help customers learn more about the products available at CCI. However even if the third party is affiliated with CCI, CCI has no control over these linked sites, all of which have separate privacy and data collection practices, independent of CCI. These linked sites are only for your convenience and therefore you access them at your own risk. CCI 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.
Trademarks: All trademarks, service marks and trade names of CCI used in the site are trademarks or registered trademarks of CCI
Copyright and Intellectual Property Ownership: CCI is the sole and exclusive owner of all intellectual property rights in and to all aspects of the site including, without limitation, any related patents, copyrights, trade secrets, trade names, trademarks, service marks, goodwill, moral rights, and any other intellectual property or proprietary rights or intangible assets recognized under any laws or international conventions. CCI may modify, disable, or delete the site, its functions and or site content at any time and for any reason without prior notice. You may only download content displayed on the site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices, symbols and or indicating marks contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. All manufacturer’s names, part numbers and descriptions are used for reference purposes only. We do not imply that any part shown is the product of these manufacturers. We also do not imply that the list price shown is exactly that of the manufacturer. CCI’s exclusive liability for infringement of patents, trademarks, copyrights, trade dress and trade secrets resulting solely from the sale of products designed and manufactured solely by CCI. Customer shall cooperate fully with CCI in the defense, and shall take no position adverse to CCI’s Defense of such action. The foregoing undertaking shall not apply unless CCI shall have been informed in writing immediately by customer of any claim of infringement and shall have been given the opportunity to assume the defense thereof, or if the claim is settled without the consent of CCI. Notwithstanding the foregoing, CCI shall have no obligation to defend or indemnify customer for claims of infringement based upon information or designs provided or specified in whole or part by customer, infringements resulting from the modification, combination or use in a system of any item sold hereunder, or with respect to products not manufactured by CCI. In the event any product furnished under the agreement is made in accordance with drawings, samples, or manufacturing specifications provided by customer, customer shall indemnify and hold CCI harmless from any and all damages, costs and expenses arising from a claim that such product manufactured by CCI at the direction and design of customer, in whole or part, or the use thereof, infringes any patent rights, foreign or domestic. Customer agrees at its own expense to undertake the defense of any such suit against CCI or Reimburse CCI for list costs of defense, in CCI’s discretion, brought upon such claim or claims, in addition to any other obligations of customer set forth herein.
Warranty Disclaimer: You assume all responsibility and risk for the use of this site and the internet generally. This site is provided by CCI on an “As Is” basis. CCI makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site, to the fullest extent permissible by applicable law. CCI disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components. Under no circumstances CCI will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, special, incidental, punitive, consequential damages or damages resulting from loss of use, data, or profits, or business interruption arising out of or in any way connected with the use of the site, and delays on the site, or the inability to use the site, any portion thereof, or any hyperlinked website, whether based on contract, tort, negligence, strict liability or otherwise, even if CCI has been advised of the possibility of such damages.
Choice of Law: By use of this site, CCI’s catalog or any type of CCI advertisement by CCI you agree that the laws of the state of Kentucky, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and CCI. Any legal action in connection with the agreement between CCI and the Customer and or any product sold to customer shall be filed in a court of competent jurisdiction in Clark County, KY USA
Assignment: Customer may not assign any right or duty arising under this agreement or any purchase order, in whole or in part, without CCI’s prior written consent. Any actual or attempted assignment without CCI’s prior written consent shall entitle CCI to cancel such order upon notice to customer.
Compliance with Import Export laws: You represent, warrant, and covenant that the items purchased pursuant to these Terms will not be exported, re-exported, or transferred outside the United States or to any foreign persons unless under full compliance with any law or directive of the United States or the United Nations Security Council, including without limitation, the Trading With the Enemy Act, 50 Section 2401 et seq.; the Export Administration Regulations, 15 C.F.R. Section 768 et seq.; the Arms Export Control Act of 1976, 22 U.S.C. Section 2751 et seq.; and the International Traffic in Arms Regulations, 22 C.F.R. 120-128 and 130 promulgated there under; nor shall you violate or permit the violation of such laws. You further represent, warrant, and covenant that any necessary United States Government export license or other authorization has or will be obtained before exporting, re-exporting, or transferring the items under these Terms outside the United States or to any foreign persons. You acknowledge that exporting, re-exporting, or transferring the items under these Terms to foreign persons is subject to the above regulations regardless if the export occurs in the United States or abroad. You shall defend, indemnify and hold CCI harmless to the full extent of any claims, Demands, losses, damages, cost, lost profits, fines, penalties, attorneys’ and other professional fees and court costs, and all other expenses arising from your failure to comply with this clause, or the stated statutes and regulation, as they exist now or may be amended form time to time.
Indemnification: You agree to indemnify, defend, and hold harmless CCI, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account including negligent or wrongful conduct by you or any other person accessing the site using your internet account.
No Waiver: Any waiver by either party to any breach of any provision of these Terms and Conditions shall not be construed as a waiver of any other provision or of any continuing or succeeding breach of such provision.
More Specific towards Custom Cylinders Products and Product Line and Operation
DOMESTIC TERMS AND CONDITIONS OF SALE
TERMS: The standard terms and conditions of sale set forth below apply to all sales except to the extent that such conditions may be expressly altered or modified in writing by CUSTOM CYLINDERS INTERNATIONAL, INC. ("Seller").Any terms which are either different from or additional to the standard terms and conditions of sale set forth below are objected to and are excluded from the terms of sale, irrespective of the materiality of any such different or additional terms, unless Seller expressly agrees in writing to the inclusion of such terms in the terms of sale.
THE ISSUANCE OF THIS INVOICE (QUOTATION) OF THE SHIPMENT OF THE GOODS COVERED HEREBY SHALL NOT OPERATE AS AN ACCEPTANCE OF ANY OFFER TO PURCHASE BY THE BUYER LISTED ON THE FACE HEREOF ("BUYER") UNLESS BUYER SHALL ASSENT TO ALL OF THE TERMS AND CONDITIONS HEREOF SUCH ASSENT SHALL BE CONCLUSIVELY EVIDENCED BY (i) ANY WRITTEN OR ORAL ASSENT BY BUYER OF SUCH TERMS AND CONDITIONS OR (ii) BUYER 'S RECEIPT OF THE GOODS COVERED HEREBY.
PRICE: (a) Unless otherwise expressly agreed in a writing signed by Seller, the price for goods sold shall be Seller's price in effect on the date of shipment of such goods. (b) In any event, including but not Limited to the case of a specific agreed upon price other than Seller's price in effect on the date of shipment, the price for goods sold shall be adjusted, if necessary, to fully cover any increase in the cost of production caused, directly or indirectly, by any change in Buyer’s specifications, if such change occurs at any time after Seller bas begun the production for the goods.
PAYMENT: Payment for goods or services bought by Buyer from Seller must be paid within negotiated term period or 30 days. Invoices that are not paid in accordance with their terms shall incur a finance charge of 5% or the maximum lawful rate, whichever is less of the unpaid balance per month. Buyer agrees to pay to Seller reasonable attorney and/or collection fees incurred by Seller, in the event legal action is required to obtain payment of delinquent invoices.
DELIVERY: All shipments are F.O.B. Seller's factory and all risk of loss with respect to any goods shipped shall pass to Buyer when such goods are delivered to the carrier at such factory. All quoted delivery dates are approximate dates of delivery and do not constitute a guaranty of delivery on such dates. Unless otherwise expressly agreed, Seller shall have the right to ship the goods in one lot or in several lots from time to time.
WARRANTY: Seller warrants products which it manufactures against failure due to defects in material and workmanship. This warranty terminates 12 months after date of shipment from any Custom Cylinders International, Inc. facility. Products are not warranted expressly or by implication for any specific purpose, notwithstanding any disclosure to us of the use to which the product is to be put. Products not manufactured by Custom Cylinders International, Inc. will limit its liabilities to any guarantees extended by the Manufacturer, which Seller will pass through to the customer. No warranty will apply if the products are in any way altered, modified, or disassembled after deliver by Seller.
WARRANTY LIMITATION: The warranty provided in paragraph 5 hereof is exclusive and is in lieu of all other warranties expressed or implied , since Seller cannot control the manner or use of its products within other assemblies or products. When claiming a breach of warranty, Buyer must notify Seller promptly of the nature of the failure. Any product returned to the factory must be shipped prepaid freight if the product is alleged to be defective, the Seller's sole obligation shall be to repair or replace the goods, at its option free of charge and pay the lowest round trip transportation costs. The Seller shall not be liable for any loss of time, manufacturing cost, labor, material , loss of profits , consequential damages, direct or indirect, because of defective products or workmanship, whether due to rights arising under the contract of sale or independently thereof, and whether or not such claim is based on contract, tort, or warranty.
ACCEPTANCE -REJECTION: All products delivered pursuant to and in conformance with a sample or original part or assembly supplied by Buyer shall be deemed to fully comply with any and all terms, conditions, and specifications of Buyer with respect to the product and Buyer shall have no right of rejection or revocation as to such goods. All claims-for damages, errors, defects, shortages or any other nonconformity in any shipment of goods delivered to Buyer shall be made in writing to Seller's corporate offices at Winchester, Kentucky within a period of thirty (30) days after Buyer's receipt of such goods. Buyer’s failure to make such claim within such time period shall constitute an irrevocable acceptance of the particular shipment and an admission that such shipment fully complies with all terms, conditions and specifications contained in the terms of sale for such goods.
CARRIER ASSIGNMENT: Standard carriers will be used as much as possible, according to the type of product ordered. Expedited and premium shipment of product will be made as much as possible to the Customer requirement, however carrier cut-off times can result in delays. CCI is not responsible for in-transit damage or loss.