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Terms and Conditions

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Progressive Cavity Pump Parts, Inc.. The collective work includes works that are licensed to Progressive Cavity Pump Parts, Inc. Copyright 2010, Progressive Cavity Pump Parts, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Progressive Cavity Pump Parts, Inc. or purchasing Progressive Cavity Pump Parts, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Progressive Cavity Pump Parts, Inc. or to purchase Progressive Cavity Pump Parts, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Progressive Cavity Pump Parts, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Progressive Cavity Pump Parts, Inc. used in the site are trademarks or registered trademarks of Progressive Cavity Pump Parts, Inc.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Progressive Cavity Pump Parts, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Progressive Cavity Pump Parts, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Progressive Cavity Pump Parts, Inc. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Progressive Cavity Pump Parts, Inc. warrants the products it supplies only against defects in material and workmanship under normal use and proper installation and service foe a period of one year from the date of shipment. Progressive Cavity Pump Parts, Inc. liability and customer 's exclusive remedy under this warranty or any other warranty express or implied, is expressly limited to the purchase price, repair or replacement, at Progressive Cavity Pump Parts, Inc. option, during said period, upon the Purchaser returning such products to the factory or warehouse designated by Progressive Cavity Pump Parts, Inc. at Purchasers expense.

Progressive Cavity Pump Parts, Inc. does not guarantee the suitability of any pump or part for a particular operation and shall not be liable for any incidental or consequential damage or expense (including without limitation loss of profits) arising from a breach of the foregoing warranty or misuse of its products.

This warranty does not apply to products altered or repaired by others, nor will Progressive Cavity Pump Parts, Inc. reimburse Purchaser for any such alteration or repair.

Failure due to normal wear, misapplication, misuse, abuse or modifications not in compliance with manufacturer instructions are excluded from this warranty. There are no express warranties other than those contained in the agreement, and all other representations or affirmations made, including drawings or models shown, were for illustration purposes only.

All decisions as to the cause of failure are the sole determination of Progressive Cavity Pump Parts, Inc..

Prior approval must be obtained from Progressive Cavity Pump Parts, Inc. for return of any items for warranty consideration. A Return Goods Authorization (RGA) Number obtained from Progressive Cavity Pump Parts, Inc. must be marked on items, which must be shipped freight prepaid.

If an Item is returned and the problem is not one of defective material or workmanship, Progressive Cavity Pump Parts, Inc. will impose a minimum handling fee of $100.00 plus the cost of any parts used in the repair. Returned parts that are found to be unusable will be returned at the Purchasers expense. Parts or Pumps that are returned without authorization from Progressive Cavity Pump Parts, Inc. will not be considered for warranty and will be returned freight collect.

THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES WITH RESPECT TO QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES AGREE THAT THE PURCHASER'S SOLE AND EXCLUSIVE REMEDY AGAINST LIBERTY SHALL BE FOR THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS AS PROVIDED HEREIN.

THE PURCHASER AGREES THAT NO OTHER REMEDY (INCLUDING BUT NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY, OR ANY PROPERTY, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO PURCHASER. UNDER NO CIRCUMSTANCES SHALL Progressive Cavity Pump Parts, Inc. LIABILITY, WHETHER FOR FAILURE TO DELIVER, BREACH OF AGREEMENT, OR ANY OTHER CAUSE WHATSOEVER, EXCEED THE PURCHASE PRICE OF THE PARTICULAR GOODS IN QUESTION.

Integrity of Serial Number:

Since the serial number tag on Progressive Cavity Pump Parts, Inc. products clearly designates its composition and type, Purchaser shall not remove, cause or permit to be removed, a serial number tag without prior written approval. in the event that a serial number tag is removed, or the components of the pump changed, customer agrees immediately to re-tag the pump to indicate clearly the correct composition and components of the pump and that its source of origin is Progressive Cavity Pump Parts, Inc..

Modification of Product:

If the Purchaser or end user modifies any product sold by Progressive Cavity Pump Parts, Inc. without the express written consent of Progressive Cavity Pump Parts, Inc., such Modification renders the warranty herein null and void and the customer agrees to indemnify and hold Progressive Cavity Pump Parts, Inc. harmless from any and all claims, demands, actions, or costs or expenses incurred from these modifications. Changing one genuine manufacturers part for another does not constitute a modification hereunder.

Use of Non-Genuine Parts:

If the Customer introduces a non-genuine part or parts (not made by the manufacturer of the pump), or otherwise purchases products not manufactured, sold or used to assemble Progressive Cavity Pump Parts, Inc. products, the Progressive Cavity Pump Parts, Inc. Warranty does not cover such parts, or pumps including such parts. Progressive Cavity Pump Parts, Inc. has no liability for any damage, direct, consequential, incidental, caused by such parts or pumps.

Acceptance of Orders/Cancellation Charges:

All orders are subject to acceptance by Liberty. When orders are accepted, they will be acknowledged by Progressive Cavity Pump Parts, Inc., unless the products are to ship immediately, in which case acceptance will be rendered upon shipment of goods. The acceptance and acknowledgement or shipment of an order by Progressive Cavity Pump Parts, Inc. should not be construed as certification that a product will meet the requirement off the Occupations Safety and Health Act (OSHA).

Delivery dates are not guaranteed and late delivery penalties will not be accepted unless agreed to in writing by Progressive Cavity Pump Parts, Inc. at the time of order acceptance.

Limitation of Liability

Progressive Cavity Pump Parts, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Progressive Cavity Pump Parts, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Progressive Cavity Pump Parts, Inc. product is mistakenly listed at an incorrect price, Progressive Cavity Pump Parts, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Progressive Cavity Pump Parts, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Progressive Cavity Pump Parts, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.

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 Progressive Cavity Pump Parts, Inc. 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.

Notice

Progressive Cavity Pump Parts, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Progressive Cavity Pump Parts, Inc..

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Illinois, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Progressive Cavity Pump Parts, Inc. products) shall be in the state or federal courts located in Cook County, Illinois. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Progressive Cavity Pump Parts, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Progressive Cavity Pump Parts, Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Progressive Cavity Pump Parts, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.

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 Progressive Cavity Pump Parts, Inc. 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 rights, 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.

Participation Disclaimer

Progressive Cavity Pump Parts, Inc. 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 user-generated content on the site, Progressive Cavity Pump Parts, Inc. 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, Progressive Cavity Pump Parts, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Progressive Cavity Pump Parts, Inc. in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Progressive Cavity Pump Parts, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") 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.

Third-Party Links

In an attempt to provide increased value to our visitors, Progressive Cavity Pump Parts, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Progressive Cavity Pump Parts, Inc., Progressive Cavity Pump Parts, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Progressive Cavity Pump Parts, Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Progressive Cavity Pump Parts, Inc. 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).