Acceptance of Terms
These terms and conditions constitute a legal agreement between you and the S & S Hinge Company (“S & S Hinge”), and govern your use of SandSHinge.com (herein “the Website”). By accessing, browsing and/or using the Website, you agree that you have read, understood, and agree to be bound by these terms and conditions and to comply with all applicable laws and regulations. If you purchase any goods from S & S Hinge by using the Website, your purchase will be covered by the applicable terms and conditions contained herein. If you disagree with these terms and conditions, or any part of these terms and conditions, you must not use the Website.
You must be at least  years of age to use the Website. By using the Website, and thereby agreeing to these terms and conditions, you warrant and represent that you are at least  years of age.
Effective Date and Revisions
These terms and conditions are effective as of the version date set forth at the end of these terms and conditions (the “Effective Date”). S & S Hinge reserves the right to revise these terms and conditions at any time. Notice of such revisions shall be made by making a revision to the terms and conditions and updating the Effective Date accordingly; the revised terms and conditions shall become effective as of the Effective Date contained therein. Your use of the Website after such revision to the terms and conditions shall constitute your acceptance of the changed terms.
Please check this page regularly to ensure you are familiar with the current version. If you disagree with any revised terms and conditions, you must discontinue use of the Website.
LIMITED USE LICENSE
Grant of Limited Use License
S & S Hinge grants you a limited, nonexclusive, non-transferable license (your “License”) to access and use the Website only in accordance with these terms and conditions. S & S Hinge reserves the right to terminate your License at will, at any time.
Pursuant to your License, you may view, download, and print pages from the Website for your own personal use, subject to the restrictions set out in these terms and conditions.
Unless otherwise stated, S & S Hinge and/or its licensors own the intellectual property rights in the Website and all material included on the Website. All these intellectual property rights are reserved, subject to the License granted herein.
The License does not grant you permission to:
- Republish material from the Website (including republication on another website)
- Sell, rent or sub-license material from the Website
- Show any material from the Website in public
- Reproduce, duplicate, copy or otherwise exploit material on the Website for any commercial purpose
- Edit or otherwise modify any material on the Website
- Redistribute material from the Website, other than content specifically and expressly made available for redistribution
- Interfere with the availability of, access to, or proper working of any part of the Website
- Access or use the Website in any other manner, or for any purpose, that violates these terms and conditions
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
The Website is provided only for your use in determining whether to purchase products from S & S Hinge and in purchasing such products. By using the Website, you agree that you will impose no greater load on the Website’s servers than necessary for this purpose.
You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not conduct any systematic or automated data collection activities (including, without limitation: scraping, data mining, data extraction and data harvesting) on or in relation to the Website without S & S Hinge’s express written consent.
You must not use the Website to transmit or send unsolicited commercial communications.
You must not use the Website for any purposes related to marketing without S & S Hinge’s express written consent.
Access to certain areas of the Website may be restricted. S & S Hinge reserves the right to restrict access to other areas of the Website, or indeed the entire Website, at the sole discretion of S & S Hinge.
If S & S Hinge provides you with a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure that your user ID and password are kept confidential.
S & S Hinge may disable your user ID and password in its sole discretion, without notice or explanation.
In these terms and conditions, “User Content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Website, for whatever purpose. When submitting User Content to the Website, you warrant that you have the right to use any information or content submitted, and agree that any and all User Content you submit will comply with these terms and conditions.
User Content which violates these terms and conditions includes, but is not limited to, any User Content which is:
- Illegal or unlawful under any applicable law
- An infringement upon any third party’s legal rights
- Capable of giving rise to legal action under any applicable law, whether against you, S & S Hinge, or any third party
- The subject of any threatened or actual legal proceeding or other similar complaint, past or present
- Defamatory, obscene, threatening, abusive, or otherwise improper
S & S Hinge reserves the right to edit or remove any material submitted to the Website, or stored on the S & S Hinge servers, or hosted or published upon the Website, but S & S Hinge is not responsible for that content.
Any ideas or suggestions disclosed to S & S Hinge shall be deemed the property of S & S Hinge, and S & S Hinge is free to use any such ideas or suggestions for any purpose and in any media without compensation. By making any such disclosure, you consent to the use of said disclosure by S & S Hinge, and warrant that all rights in such ideas or suggestions have been waived.
The security of your information is important to S & S Hinge, and security precautions are taken to protect all information transferred on the Website. However, even though S & S Hinge takes measures to protect and secure all customer related information from loss, misuse or theft, S & S Hinge cannot guarantee that any electronic commerce is completely secure. If you do not accept the possible security risks posed by engaging in electronic commerce, do not use the Website. If you wish to purchase products from S & S Hinge without engaging in electronic commerce, please call S & S Hinge at the number listed below.
User ID and Password Security
You are responsible for maintaining the confidentiality of your user ID and password. By using your user ID and password, you accept full responsibility and liability for any and all actions taken using your user ID or password, and agree to promptly report any lost or stolen passwords to S & S Hinge.
Third Party Links
It is your sole responsibility to review the terms and conditions of any and all Third Party Sites, and you access all Third Party Sites at your own risk.
Acceptance of Sales Terms
These terms and conditions govern every purchase (“Order”) made through the Website. By purchasing goods through the Website, you agree to be bound by these terms as laid out below or elsewhere in these terms and conditions. S & S Hinge shall not be bound by any additional or different terms, whether printed or otherwise, in any communication between you and S & S Hinge, unless such terms are specifically agreed to in writing by S & S Hinge. Prior course of dealing, trade usage or verbal agreements, to the extent they modify, add to or detract from these terms and conditions, shall not be binding on S & S Hinge unless reduced to a writing and signed by S & S Hinge.
If you do not agree to be bound by these terms and conditions, do not purchase goods through the Website.
Order Cancellation or Modification
You may modify or terminate your Order only upon the written consent of S & S Hinge. S & S Hinge will attempt to honor reasonable modification or termination requests, however S & S Hinge may, at its sole discretion, refuse consent to any modification or termination request without explanation.
If all or part of an Order for standard catalog goods in stock at the time of purchase is cancelled or modified prior to shipment, no termination charges shall be incurred.
If all or part of an Order for goods not in stock at the time of purchase, including any special order or custom goods, is terminated, you shall pay termination charges based upon any expenses and costs incurred in production of the goods to the date such termination is accepted by S & S Hinge plus a reasonable profit, except that you must accept and pay for in full any goods completed on or prior to acceptance of such termination.
The foregoing notwithstanding, if any discount, credit or other price reduction (“Discount”) had originally been applied to any Order which is subsequently modified, you must reimburse the S & S Hinge Company to the extent that the modified Order would not have qualified for a Discount, or would have qualified for a lesser Discount, at the time the original Order was placed. If the Order, as modified, would have qualified for a higher Discount than the Discount which was applied to the original Order, it is within the sole discretion of S & S Hinge whether, and to what extent, to apply the higher discount to the modified portions of the Order.
Price and Payment
Price is F.O.B. S & S Hinge’s point of shipment, their factory in Bloomingdale, Illinois. Payment is due at the time the Order is placed. Published prices may be changed without notice. Credit card arrangements are subject to change. S & S Hinge reserves the right to correct typographic errors and reject or cancel orders.
All taxes and other governmental charges upon the production, sale or use of the goods purchased through the Website, to the extent required or not forbidden by law to be collected by S & S Hinge, shall be paid by you to S & S Hinge. Tax exempt entities should contact S & S Hinge directly regarding their tax exempt status.
S & S Hinge collects sales tax, where appropriate, from customers in Illinois. Each state is governed by specific sales and use tax requirements. Please reference the appropriate department in your state, if applicable. You are responsible for remitting any sales or use tax due to your state as a result of your Order which is not collected by S & S Hinge.
If an Order is for more than one unit of goods, the goods may be shipped in a single lot or in several lots at the discretion of S & S Hinge.
Promises of delivery from stock are subject to prior sale. Delivery dates are not guaranteed but are estimated on the basis of immediate receipt by S & S Hinge of all information to be furnished by you and the absence of delays, direct or indirect, resulting from or contributed to by circumstances beyond the reasonable control of S & S Hinge. S & S Hinge shall in good faith endeavor to meet estimated delivery dates.
Risk of Loss
You assume all risk of loss of goods upon S & S Hinge’s delivery of the goods to carrier.
Product Descriptions and Information
S & S Hinge attempts to be as accurate as possible regarding product descriptions, pricing and availability. However, unless specifically stated otherwise in writing, S & S Hinge does not warrant that product descriptions or other content of the Website is accurate, complete, reliable, current, or free from error. From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. S & S Hinge reserves the right to make changes to information about price, descriptions, pricing or availability without notice. S & S Hinge makes every effort to display as accurately as possible the colors of any products displayed on the Website; however, the actual color you will see on the Website will depend on many factors, including your computer and printer, and we cannot guarantee that your computer or printer will accurately display our colors.
Limited Product Warranty
S & S Hinge warrants to you that, for a period of 30 days from the date of shipment of all or part of your Order, all goods at the time of shipment will be free from defects of material and workmanship and will be in accordance with specifications as reflected upon your invoice. S & S Hinge’s sole obligation under the foregoing warranties will be limited to either, at S & S Hinge’s option, replacing or repairing defective goods or refunding the purchase price for such goods already paid by you, and your exclusive remedy for breach of any such warranties will be enforcement of such obligation of S & S Hinge. You shall, within 45 days from date of shipment, notify S & S Hinge of any claim for breach of warranty and shall return a sample only of the defective part for inspection by S & S Hinge. No other goods shall be returned to S & S Hinge without its consent. These warranties will not extend to goods subjected to misuse, neglect, accident or improper installation or maintenance, or which have been altered or repaired by anyone other than S & S Hinge or its authorized representative. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE AND OF ANY OTHER TYPE, WHETHER EXPRESS OR IMPLIED. Some states do not allow exclusions or limitations of implied warranties, so the foregoing limitation may not apply to you and you may have additional rights.
Standard catalog items only may be returned at your expense for credit, upon the written consent of S & S Hinge. A restocking and handling charge of 15% of the invoice price will be assessed on any such return. You assume risk of loss of returned goods until they are actually received by S & S Hinge.
Nondefective special order or customized goods may not be returned.
WARRANTIES, LIABILITIES AND REMEDIES
WITH RESPECT TO PRODUCTS SOLD ON THIS WEBSITE, S & S Hinge’S EXPRESS WARRANTIES ARE LIMITED TO THE LIMITED PRODUCT WARRANTY SET FORTH ABOVE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, S & S Hinge DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
S & S Hinge MAKES NO REPRESENTATION OR WARRANTY THAT PRODUCTS OFFERED FOR SALE ON THE WEBSITE ARE LEGAL, AVAILABLE OR APPROPRIATE FOR YOUR PURPOSES OR FOR USE IN YOUR COUNTRY OR REGION. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LAWS GOVERNING YOUR USE OF THESE PRODUCTS.
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING LINKS TO WEBSITES PROVIDED BY THIRD PARTIES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. S & S Hinge MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU AGREE TO HOLD THE S & S Hinge COMPANY HARMLESS FROM, AND YOU COVENANT NOT TO SUE S & S Hinge FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE OR ITS CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE PRODUCTS FOUND AT THIS WEBSITE SHALL BE AT YOUR OWN RISK. WE DO NOT WARRANT THAT THIS WEBSITE, INFORMATION, CONTENT OR MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE OR S & S Hinge’S SERVERS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
To the extent some states do not allow exclusion or limitation of implied warranties, the foregoing limitations may not apply to you and you may have additional rights.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL S & S Hinge BE LIABLE IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO YOU OR ANY OTHER PERSON OR ENTITY AS A RESULT OF YOUR USE, OR INABILITY TO USE, THIS WEBSITE, OR FROM YOUR PURCHASE OF OR USE OF ANY PRODUCTS FROM S & S Hinge.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY ACTION FOR BREACH OF THESE TERMS AND CONDITIONS OR ANY COVENANT OR WARRANTY MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE OR, WITH RESPECT TO A CLAIM RELATING TO ANY ONE OR MORE PRODUCTS PURCHASED FROM THE WEBSITE, THE PURCHASE PRICE OF THE PRODUCT OR PRODUCTS THAT GAVE RISE TO THE CLAIM. The foregoing limitations of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of the Website or of the products found at this Website. Certain states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
Application to Officers, Employees, Agents, Subsidiaries, Successors, Assigns and Subcontractors
You agree that all limitations of warranties, both express and implied, and limitations of liability set out in these terms and conditions shall also apply to the officers, employees, agents, subsidiaries, successors, assigns and subcontractors of S & S Hinge. You further agree that you will not bring any claim personally against any officer or employee of S & S Hinge in respect to any losses you suffer in connection with this Website or the products offered thereon.
Each provision of these terms and conditions is intended to be severable. If any provision contained herein is, or is found to be, unlawful, void or unenforceable under applicable law, that will not affect the validity or enforceability of the other provisions of these terms and conditions.
Breach of These Terms and Conditions
Without prejudice to the other rights of S & S Hinge under these terms and conditions, if you breach these terms and conditions in any way, S & S Hinge may take such action as S & S Hinge deems appropriate to deal with the breach, including, but not limited to, suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website, and/or bringing court proceedings against you.
No Waiver of Right
S & S Hinge is entitled to all rights and remedies provided at law or equity, whether or not expressly stated in these terms and conditions. Pursuit of one or more of these remedies shall not constitute a waiver by S & S Hinge of any other available remedies, and S & S Hinge’s failure to assert a right or insist upon compliance with any term or condition shall not constitute a waiver of that right or excuse any subsequent noncompliance.
Choice of Law
These terms and conditions will be governed by and construed in accordance with the laws of the State of Illinois. You irrevocably consent to the exclusive jurisdiction of the courts located in Chicago, Illinois in connection with any action arising out of or related to these terms and conditions or the Website. Notwithstanding the foregoing, proceedings to enforce the result of any such adjudication may be brought in any appropriate forum.
S & S Hinge reserves a security interest in the goods displayed and offered for sale on the Website with all of the rights and remedies provided under the Uniform Commercial Code, as adopted in the State of Illinois, and the rights and remedies provided in these terms and conditions.
If you have any questions about our Website Terms and Conditions, please feel free to contact us by email at AskUs@SandSHinge.com, or by phone at 800-332-1227.
VERSION DATE: 5/7/2015