Terms and Conditions

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

  • Consumer Agreement
  • Seller
    Panadyne is hereinafter referred to as “Seller” as applicable.

    Final Agreement
    The terms and conditions set forth herein shall constitute the final, complete and exclusive terms and conditions of sale. Purchaser shall be bound by the terms and conditions herein when it executes and returns an acknowledgement copy to Seller, or when it otherwise indicates acceptance of these terms and conditions or when it accepts delivery from Seller of, or pays Seller for any of the products or services specified herein. Seller’s obligations are expressly limited to the terms and conditions stated herein and any additional or different terms and conditions proposed by Purchaser in any offer, order, acceptance or other writing, or otherwise, are rejected by Seller unless expressly assented in writing by Seller. Seller reserves the right to correct all typographical or clerical errors which may be presented in the prices or specifications herein.

    Legal Notice
    All notices from Seller to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Seller shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at:

    Panadyne
    516 Stump Rd Montgomeryville, Pa 18936

    Delivery shall be deemed to have been made by You to Seller five (5) business days after the date sent.

    Copyright
    All content appearing on this Web site is the property of:

    Panadyne
    516 Stump Rd Montgomeryville, Pa 18936

    Copyright 2012 Seller. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright 2012 Seller. All rights reserved.

    Trademarks
    All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Seller. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Seller or any third party, except as expressly granted herein.

    Use Of Site
    This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Seller and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Seller believes that customer conduct violates applicable law or is harmful to the interests of Seller and its subsidiaries.

    Privacy Policy
    Seller use of personal information that you may submit to Seller through this Web site is governed by the Seller Privacy Policy.

    Shipping & Delivery
    Your order is typically processed and prepared for shipment within 24-48 business hours. These timeframes may vary depending upon the product being ordered. If we anticipate a delay we will do our best to contact you during the business day following the receipt of your order. Feel Free to contact us if you have not received a shipping confirmation yet and would like an estimate of when your order may be shipped.

    At this time, Seller ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, Seller ships merchandise to Canada and Mexico, but not to other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.

    F.O.B.
    Seller’s Factory, unless otherwise agreed in writing by Seller and Purchaser and/or noted on the front of this document. In all cases, risk of loss or damage to products in transit shall be on Purchaser who shall file any resulting claims with the carrier. Shipping dates reflect Seller’s best estimate based on production requirements. Seller shall not be liable for delay in delivery or failure to manufacture due to causes beyond its reasonable control, nor shall Seller be required to allocate production and deliveries, in this event, among customers. For export orders, shipment date is subject to extensions of time as required to obtain any necessary export license. Seller reserves the right to make partial shipments, unless other written instructions are given by purchaser.

    International
    Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.

    Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Seller is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.

    Sales Tax
    Seller charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped. If you are exempt from taxes which were charged, you must provide us a copy of your exemption certificate in order to receive a refund. Please contact us for more information.

    Material Warranty
    Seller warrants that the products to be delivered will be the type specified by the purchaser. The product shall be free from defects in material and workmanship when compared to the applicable specifications. SELLER MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT OF ANY PATENT, EXCEPT THAT THE IMPLIED WARRANTY OF TITLE IS NOT DISCLAIMED. Seller’s only liability and obligation under the above warranty shall be to correct any defects in, or at Seller’s option, to replace any defective products which fail to comply with above warranty. Seller shall not be liable for any breach of the above warranty unless it receives written notice of such broach within one year from the date of shipment of the products to which the breach relates.

    Warranties
    The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. Seller makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. Seller SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Seller BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    -- OR Depending on State --

    The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Seller.

    The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. Seller is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.

    The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Seller.

    The inclusion of material on this server does not imply any endorsement by Seller, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.

    A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Seller tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

    Payment Policy
    You may purchase merchandise from this Web site by using any one of the payment options listed at checkout. Seller reserves the right to change its payment procedures at any time without prior notice to you.

    Cancelation Policy
    Purchasers may cancel an order while it is being processed and prepared for shipment at no charge. The best way to do so would be to contact us by phone 215-444-9315 immediately to ensure we can pull it from shipment. Once the order has been picked up by the shipper please refer to the return policy below.

    Return Policy
    The decision to accept product for return rests soley within the Seller. Prior written approval and a Return Authorization Number are required. Please contact Seller directly at 215-444-9315. Only products purchased in the last 30 days and in saleable condition which are in original packaging, unopened, and uncontaminated will be accepted. A 25% restocking fee will be assessed for all items returned. Purchaser will be responsible for all return shipping costs and risk of loss or damage to the product in transit.  Do not attempt to return products to any Panadyne address without a Return Authorization Number.

    Limitation of Liability and Damages
    Seller shall not, in any event, be liable in contract, tort, warranty, strict liability, or otherwise, for any special, indirect, incidental, or consequential damages, such as, but not limited to, loss of anticipated profits or revenue. Further, any liability of Seller arising in connection with any product or service shall not exceed the sales price of such product or service.

    Patents
    Purchaser shall defend, indemnify and hold Seller harmless against any expense, loss or cost from any infringement of any patent or trademark arising out of Seller’s compliance with Purchaser’s designs, specifications or instructions with respect to products or their manufacture. Seller shall not be liable for any use made by Purchaser or those taking, directly or indirectly, from Purchaser, of any product furnished to Purchaser by Seller which is covered by an adversely held patent.

    Miscellaneous
    VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Seller and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

    GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of Seller shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.

    MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Seller with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Seller with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Seller. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.