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TERMS & CONDITIONS
Please review the unitedfire.net (also known as 184.108.40.206) web site Terms of Access. All access to and use of this Web site is governed by these terms. Entering into this Web site indicates that you have reviewed the Web site Terms of Access and have agreed to be bound by these terms.
All information provided on this Web site is subject to change without notice. While efforts have been made to make this Web site helpful and accurate, due to the open nature of this Web site, and the potential for errors in the storage and transmission of digital information, unitedfire.net does not warrant the accuracy of information obtained from this Web site. ALL MATERIALS POSTED ON THIS SITE ARE "AS IS" AND WITHOUT WARRANTIES EXPRESS OR IMPLIED. UNITEDFIRE.NET DISCLAIMS ALL WARRANTIES INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNITEDFIRE.NET DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERUPPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNITEDFIRE.NET DOES NOT WARRANT OR REPRESENT THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Access and Use of Information
Access to this Web site is limited to viewing the linked Web pages solely for legitimate business purposes to access the information provided by unitedfire.net at this Web site. Any access or attempt to access other areas of the unitedfire.net computer system or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this Web site other than in connection with a legitimate business purpose.
Cross Reference Information
Product cross-reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are perfectly comparable. For critical applications, review specifications prior to purchase.
This Web site contains many Matlick Enterprises Inc. dba United Fire Equipment Company (United Fire) and third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in this Web site including copyright, trademarks, trade secret and patent rights are reserved. Access to this Web site does not constitute a right to copy or use any of the intellectual property of United Fire Equipment Company or its suppliers. Statutory notice contained herein represents trademark status in the United States.
This Site may be linked to other sites which are not maintained by unitedfire.net. Unitedfire.net is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by unitedfire.net of the sites. Unitedfire.net disclaims any liability for links: (i) from another Web site to unitedfire.net; and (ii) to another Website from unitedfire.net. In order to link to unitedfire.net all users must comply with linking terms.
All materials contained on this Site are subject to the ownership rights of United Fire Equipment Company and its Supplier Partners. Unitedfire.net hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or acquiring unitedfire.net services or products. You agree that any copy made must include unitedfire.net copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this Site.
All remarks, suggestions, ideas, graphics or other information communicated to unitedfire.net through this Site will forever be the property of United Fire Equipment Company. Unless otherwise specified in writing, all material submitted to unitedfire.net will be presumed to be public and unitedfire.net will not be required to treat the information as confidential. United Fire Equipment Company shall have exclusive ownership of all present and future existing rights in the information, without compensation to the person sending the information.
Linkers may only use the text and images provided by United Fire in the manner and locations specified on the page displayed upon acceptance of these terms. Linker shall update all United Fire images/text within 7 days of receipt of notice from United Fire of any changes/revisions. United Fire may modify images/text at any time. Linker acknowledges the validity of the United Fire trademark, United Fires exclusive right, title and interest in such trademarks, ownership of same by United Fire, and agrees not to challenge trademark ownership or validity. In addition, Linker will not at any time do or cause to be done any act or thing contesting or in any way impairing part of such right, title and interest. In connection with the use of the trademarks, Linker shall not in any manner represent that it has any ownership in the trademarks or registrations thereof. Linker acknowledges that use of its trademarks shall inure to the benefit of United Fire. Linker agrees that it will not at any time do or cause to be done any act or thing in any way impairing the image/reputation of the United Fire business. In connection with use of the United Fire tradename/reference, Linker shall not in any manner represent that it is endorsed by United Fire or that Linker is acting in a representative capacity of United Fire.
Except for the uses set forth herein, Linker shall not utilize the United Fire name nor its relationship with United Fire for purposes of or in any manner which intentionally gives rise to advertising or publicity, unless United Fire shall consent to such use in writing prior to publication.
Regardless of the foregoing, United Fire reserves the right to rescind this consent with or without cause at any time. In such event, Linker shall remove its link to the United Fire Web site within 24 hours of receipt of notice from United Fire.
LINKER EXPRESSLY AGREES THAT USE OF UNITED FIRE MATERIALS AND WEB SITE IS AT LINKERS SOLE RISK. UNITED FIRE DOES NOT WARRANT THAT ITS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, United Fire PROVIDES THIS ACCESS "AS IS" WITHOUT WARRANTY OF ANY KIND. United Fire DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL UNITED FIRE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM USE OF ANY OF THE MATERIALS PROVIDED HEREUNDER OR ACCESS TO ANY OF THE SERVICES DESCRIBED HEREIN.
All prices offered are net prices with trade discounts already deducted. Market Sensitive Commodity items will be priced according to current market conditions.
United Fire is required to charge applicable state and local tax on every item for which sales tax exemption certification has not been provided. When ordering please indicate clearly which items are tax exempt.
For customers with established credit, standard payment terms are 2/10 Net 30 (with approved credit) from date of shipment. Payment terms may be changed at any time with or without prior notice and are those in effect at time of delivery or service call. Any invoice not paid when due shall be subject to a late charge of one and one-half percent (1-1/2%) per month or portion thereof, if lower, the highest rate allowable under applicable law. A 3% handling fee will be applied to all invoices paid by Credit Card. There are not any service charges for bank Electronic Fund Transfers (EFT's).
If credit is not established, please include payment with order or purchase through Visa, MasterCard, or Discover. Cash or anticipation discounts are not allowed. All payments must be in U.S. dollars. United Fire shall have the right of set-off and deduction for any sums owed. If customer fails to make payment within thirty (30) days, United Fire may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped order.
At United Fire's option, export orders may be subject to special export payment terms and conditions.
Customer agrees that any credit balances issued will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND United Fire SHALL HAVE NO FURTHER LIABILITY.
Unless otherwise stated, freight and shipping fees indicated at checkout are only estimates and actual fees will be charged for shipments to a customer's place of business or home anywhere in the contiguous United States, using a carrier of our choice, except when expressly specified by the customer. Other terms apply to Alaska, Hawaii, Puerto Rico, and export orders. Any extra charges incurred for additional services, such as customer's carrier or special handling by the carrier, must be paid by the consignee. Items backordered from an order qualifying for prepaid shipping charges will be shipped prepaid. Title and risk of loss pass to the customer upon tender of shipment to the carrier. If product is damaged in transit, consignee must file claim with the carrier.
Service Warranty Coverage
United Fire warrants that the Services will be performed with reasonable skill and care and that any defects in the Services will be corrected promptly. This Warranty is limited to the Services performed by United Fire and does not cover any defects or damages arising from the Customer's use of the products, or from any other cause beyond United Fire's control. All parts are covered by the Original Equipment Manufacturer (OEM) warranty policy.
Term of Service Warranty
This Warranty is effective for a period of ninety (90) days from the date of completion of the Services.
Service Warranty Remedies
If the Customer believes that the Services are defective, the Customer should notify United Fire immediately. United Fire will investigate the complaint and, if it determines that the Services were defective, United Fire will, at its option, either re-perform the Services or refund the fees paid by the Customer for the Services.
THIS WARRANTY IS THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR DEFECTS IN THE SERVICES. UNITED FIRE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS WARRANTY, WHETHER OR NOT United Fire HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
THIS WARRANTY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARIZONA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW PROVISION THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION.
Service Warranty Modifications
United Fire reserves the right to modify or amend this Warranty at any time. Any modification or amendment will be effective immediately upon posting of the revised Warranty on United Fire's website. The Customer's continued use of the Services following any such posting shall be deemed acceptance of the modified or amended Warranty.
United Fire shall not be liable for any damages, including but not limited to, direct, indirect, incidental, consequential, or special damages, arising out of or in connection with this Agreement, even if United Fire has been advised of the possibility of such damages.
Limitation of Liability
In the event that the United Fire, its agents, or employees are found liable for loss or damages due to failure on their part in relation to the services provided, systems or manufacturer provided components, United Fire’s liability to the Customer, its agents, officers, directors, employees, or invitees shall be limited to $1,000 as liquidated damages. This limitation applies irrespective of the cause or origin of the loss or damage, including negligence, active or otherwise.
It is important to note that United Fire's service fees are based solely on the value of services provided and the limited liability provided under this contract, and not on the value of the Customer's premises or its contents, or the likelihood or potential extent of severity of injury (including death to customer or others). United Fire cannot predict the potential amount, extent, or severity of any damages or injuries that the Customer or others may incur which could be due to failure of the components, system, or services to work as intended.
It is also important to note that United Fire is not an insurer and neither party shall be liable to the other or any other person for any incidental, punitive, loss of business profits, speculative, or consequential damages. In no case shall liability, whether in contract, in tort, under any warranty, in negligence, or otherwise, exceeding the purchase price paid.
These provisions apply in the event of loss or damage, irrespective of cause or origin, resulting directly or indirectly to person or property from the performance or non-performance of the obligations set forth by the terms of this contract, or from negligence, active, or otherwise, if United Fire, its agents, or employees.
Customer agrees to indemnify, defend, and hold harmless United Fire, its officers, directors, employees, and agents from any and all claims, damages, liabilities, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with the services provided under this Agreement or Customer's use of the products.
Reservation of Rights
United Fire reserves the right to modify the scope of services, fees, or any other aspect of this Agreement upon written notice to Customer.
UNITED FIRE LIMITED WARRANTY
LIMITED WARRANTY. ALL PRODUCTS SOLD ARE WARRANTED BY UNITED FIRE ONLY TO CUSTOMERS FOR RESALE OR FOR USE IN BUSINESS OR ORIGINAL EQUIPMENT MANUFACTURE, AGAINST DEFECTS IN WORKMANSHIP OR MATERIALS UNDER NORMAL USE FOR ONE YEAR AFTER DATE OF PURCHASE FROM United Fire, UNLESS OTHERWISE STATED. ANY PART WHICH IS DETERMINED BY United Fire TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP AND RETURNED TO A United Fire BRANCH OR AUTHORIZED SERVICE LOCATION, AS United Fire DESIGNATES, SHIPPING COSTS PREPAID, WILL BE, AS THE EXCLUSIVE REMEDY, REPAIRED OR REPLACED, AT UNITED FIRE’S OPTION.
WARRANTY DISCLAIMER. NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY STATEMENT ABOVE IS MADE OR AUTHORIZED BY United Fire. UNITED FIRE DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION OR MISAPPLICATION, AND ANY DESCRIPTION DOES NOT EXPRESS OR IMPLY A WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. ANY LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED. UNITED FIRE ‘S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED. THE PURCHASE PRICE PAID.
United Fire will make a good faith effort for prompt correction or other adjustment with respect to any product, which proves to be defective within warranty period. Before returning any product, write or call the United Fire branch from which the product was purchased, giving date and number of original invoice, and describing defect.
Many states and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While United Fire attempts to assure that its products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, please review the product application, and national and local codes and regulations, to be sure that the product, installation, and use will comply with them.
No Warranties to Consumers
United Fire makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.
OSHA Hazardous Substance Product Information
Safety Data Sheets (SDS) for OSHA defined hazardous substances are available at your local United Fire branch, or by contacting United Fire, 335 North Fourth Avenue, Tucson, Arizona 85705. The information and recommendations contained on the SDS supplied by the manufacturer is considered to be accurate and reliable. United Fire, however, makes no warranty with respect to the accuracy of the information or the suitability of the recommendations. United Fire disclaims any and all liability to any user.
Year 2000 Warranty Pass-Through
United Fire's suppliers may extend to United Fire certain Year 2000 warranty(s) and United Fire, to the fullest extent permitted, hereby passes through to its customer such Equipment and/or Software manufacturer's Year 2000 warranty(s) provided to United Fire by it's suppliers of Equipment and/or Software. United Fire is extending to its customers all warranty(s) provided to it and cannot represent or warrant those products, which are not manufactured by it, will be Year 2000 compliant. This warranty pass-through will not replace, modify, or supersede the original Equipment warranty(s) provided by the manufacturers to United Fire and its customers. In addition, this warranty pass-through will not replace, modify, or supersede the Limited Warranty provided by United Fire to its customer.
United Fire shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, labor disruptions, shortages, inability to procure product, supplies or raw materials, severe weather conditions, or any other circumstances or cause beyond the control of United Fire in the conduct of its business.
Severability and Waiver
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision of this Agreement.
Clerical errors are subject to correction by United Fire.
Any cancellation must be approved by United Fire and may be subject to restocking and other charges.
Customer shall not assign any order or any interest therein without the prior written consent of United Fire. Any actual or attempted assignment without United Fire's prior written consent shall entitle United Fire to cancel such order upon notice to customer.
ELECTRONIC DATA INTERCHANGE
If United Fire and customer have mutually agreed to use an Electronic Data Interchange (EDI) system to facilitate purchase and sale transactions, customer agrees: that it will not contest (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. United Fire and customer will negotiate and agree on technical standards and methods to use in making EDI purchases and will use proper security procedures to protect EDI records from improper access. The business records maintained by United Fire regarding EDI purchases made by customer shall be controlling.
Modification of Terms
United Fire's acceptance of any order is subject to customer's assent to all of the terms and conditions set forth in United Fire's acknowledgment, and customer's assent to these terms and conditions shall be presumed from customer's receipt of United Fire's acknowledgment, or from customer's acceptance of all or any part of the goods or services ordered. No addition or modification of terms and conditions shall be binding upon United Fire unless agreed to by United Fire in writing. If a purchase order or other correspondence contains terms or conditions contrary to the terms and conditions contained in United Fire's acknowledgment, United Fire's acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by United Fire of any of the terms and conditions contained in United Fire's acknowledgment.
The terms and conditions in United Fire's forms, acknowledgments, quotations, invoices, websites, and catalog sales terms and conditions are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and United Fire, and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the subject matter hereof.
Materials of Trade
Customer represents that if it is purchasing goods as its "materials of trade" as defined in the Hazardous Materials Regulations in Title 49 of the Code of Federal Regulations, that the goods will be used in direct support of its business, which is not transportation, and that such goods shall not be resold or transported in a vehicle other than one owned by itself.
Waiver, Choice of Law and Venue
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Arizona, excluding conflict of law rules, and venue shall be in Pima County, State of Arizona.
No Third Party Benefit
The provisions stated above are for the sole benefit of the parties hereto, confer no rights, benefits or claims upon any person or entity not a party here to.
The Information We Collect
Unitedfire.net may collect various types of information from Site Visitors. Unitedfire.net will collect transactional information from companies that purchase products from our Site. The information collected may include shipping information and PCI compliant credit card number/expiration date. Unitedfire.net Web server also collects general data pertaining to every Site Visitor, including the IP address, the domain name, the Web page, the length of time spent on the Site, and the pages accessed while visiting the Site. This information is collected to, among other things, aggregate statistical information, facilitate system administration, and improve the content of the Site. Unitedfire.net may also retain the content of the communications that are sent to unitedfire.net customer service representatives. This information helps unitedfire.net to improve/respond to Visitors' inquiries regarding the Site.
Unitedfire.net places the utmost importance on protecting information transmitted via the Site and will take security precautions to protect all such information. Unitedfire.net, however, cannot guarantee that any electronic commerce is totally secure. Unitedfire.net will take measures to secure and protect all customer-specific information from loss, misuse, and alteration.
Use of the Information Collected
Unitedfire.net uses the information that is collected from the Site to, among other things, better serve its customers. Unitedfire.net may also use the information collected to notify Site Visitors of changes to the Site, to notify Site Visitors of new products made available via the Site, and for any other legitimate and lawful business purpose of unitedfire.net. Unitedfire.net may choose to exchange information with third parties. Site Visitors, however, can prevent the exchange of such information by sending an e-mail to firstname.lastname@example.org, from each e-mail address that the Site Visitor has used to access the Site.