Terms and Conditions
All prices shown are Trade/List, stated in U.S. currency and subject to change without notice.
MINIMUM INVOICE
None
PAYMENT TERMS
1% 10th prox. NET 30 days unless otherwise stated. Shortage claim must be made to Fernco within 15 days after delivery.
FREIGHT TERMS
Prepaid and allowed on net orders of $750.00 or more unless otherwise stated.
All others will be prepaid and billed. Claims for loss or damage must be filed with the freight carrier.
SALES POLICY
Fernco products are available to any legitimate wholesaler, pipe manufacturer or distributor with approved credit.
RETURN POLICY
All returns must be preceded by factory authorization.
Minimum 15% restocking charge will apply to all standard Fernco products. All materials returned to Fernco should be in original cartons and be in resalable condition. This amount is subject to change depending on condition of items returned to Fernco.
- Fernco Custom Parts are Non-Returnable.
- Freight must be prepaid on all return shipments.
- Returns will not be allowed after 120 days of invoice date.
LIMITED WARRANTY
Fernco warrants its product(s) against defects in workmanship or materials for one (1) year from date of original purchase (unless a shorter period is expressly provided with respect to a particular product). Fernco’s total liability under any warranty, or any other claim arising in any way from the product or its use, is limited, at Fernco’s option, to refund or replacement of any such product returned to Fernco within the one-year warranty period and determined by Fernco to be defective. To the extent permitted by law, Fernco disclaims and excludes any and all other warranties, express or implied, including without limitation any implied warranty of merchantability or fitness for a particular purpose, and in no event shall Fernco be liable for special, incidental or consequential damages. Failure to follow the installation instructions provided by Fernco will void this warranty. To make a warranty claim, purchaser should have the original receipt and contact Fernco, Inc. Customer Service Department, 810 653-9626.. Purchaser is responsible for any shipping charges.
If state law preserves implied warranties, including implied warranties of merchantability and fitness for a particular purpose, such warranties are limited to one-year from the date of the original purchase and as otherwise set forth above. Some states do not allow limitations on how long an implied warranty lasts, or the exclusion of incidental or consequential damages, so such limitation(s) or exclusion(s) may not apply to you.
This written warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
This Web site is operated by Fernco, Inc.. Throughout the site, the terms “Fernco” "we," "us" and "our" refer to Fernco, Inc. and its subsidiaries and affiliates. Fernco offers this web site (“Site”), including all information and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated herein. BY ACCESSING OR USING THIS SITE YOU AGREE TO THESE TERMS AND CONDITIONS OF USE AND ACCEPT THEM IN FULL.
These Terms and Conditions of Use apply exclusively to your access to, and use of, this Site and do not alter in any way the Terms and Conditions of any other agreement(s) you may have with Fernco, including any terms of sale. These Terms and Conditions of Use apply generally to all Sites operated by Fernco, however certain restricted areas of the Site may require your agreement to additional Terms and Conditions of Use.
How to Contact Us
Please address any questions or comments about this Site to contact us page
You may not use contact information provided on the Site for unauthorized purposes, including marketing.
Privacy Statement
Please review the Fernco Privacy Statement.
Terms of Sale
A copy of our Terms of Sale are available at the following link
Accuracy, Completeness and Timeliness of Information on This Site
While Fernco makes every reasonable attempt to ensure that content on this Site is accurate, current and complete, Fernco is not responsible if information made available on this Site is not accurate, complete or current. Any reliance on the material on this Site is at your own risk. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting product manuals or other sources of information. This Site may contain historical information, which is not current and is provided for your reference only.
Use of Materials on the Site
You acknowledge and agree that all content on this Site (including, without limitation, text, images, logos, downloads, specification and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Fernco, or its licensors and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete (including through selectively copying or printing material) any copyright, trademark, or other proprietary notice that appears on the material. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Fernco, is expressly prohibited. Fernco, its licensors or content providers, retain full and complete title to any and all materials provided on the Site, including all associated intellectual property rights. The material on this Site is provided to you under a limited license that is revocable at any time, and Fernco reserves the right, without notice and in its sole discretion, to terminate your license to use this Site and to block or prevent future access to and use of this Site, including any access to forums of other interactive areas
Submissions and Postings
To the extent that submissions are allowed by this Site, you acknowledge that you are responsible for any material you may submit via the Site, including the copyright, legality, reliability, appropriateness, and originality of any such material. You represent and warrant (and Fernco relies on your warranty) that you own or otherwise control all the rights to the content you post or that such items are known to you to be in the public domain; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Fernco for all claims resulting from content you supply, including arising from an action alleging infringement of copyright or other proprietary rights in such work. We undertake no duty to determine the validity of any claim of copyright. Upon receiving written notice to Fernco that any item posted on this Site is believed to infringe a copyright or other proprietary right, we will remove said work. We make no warranty as to the currency, operability, or fitness for any particular purpose of any shareware software or other information posted to this Site, and we will assume no liability for any losses or damages alleged to arise from use of or reliance on such software or information.
If you do submit material, you grant Fernco and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Fernco is free to use without limitation and without any compensation to you any ideas, concepts, know-how that you or individuals acting on your behalf provide to Fernco. You grant Fernco the right to use the name you submit in connection with such material. Fernco retains any and all rights granted in these Terms and Conditions of Use in and to any user submitted content or materials after termination. Please review the Fernco Privacy Statement to determine how your personal information provided via this Site will be handled.
Fernco is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.
Forums, Interactive Areas, Postings, and Feedback
This Site may include discussion forums or other interactive areas. Forums and interactive areas shall be used only for your personal use and shall not be used for any commercial purposes. On this Site you cannot, without the express written approval of Fernco, distribute or publish promotions, advertising, or solicitations for funds, goods, or services. You shall remain solely liable for the content of any messages or other information posted by you on this Site, and Fernco takes no responsibility and assumes no liability for the content of posted or uploaded material. Fernco reserves the right, in its sole discretion, to remove or edit any material posted by you that is determined to be harmful, offensive, or otherwise inappropriate. You are solely responsible for all posts to any discussion forums or other interactive areas made with your account information.
You agree to comply with all additional rules, procedures policies, and terms of use posted by Fernco for any forums or other interactive areas. Such additional rules, procedures or policies will be posted in the applicable forum or other interactive area.
Conduct on the Site
Some features that may be available on this Site require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current, and complete information about yourself.
Some features on this Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Fernco immediately. Fernco may assume that any communication Fernco receives under your password have been made by you unless Fernco receives notice otherwise.
You or third parties acting on your behalf are not allowed to use frames or framing techniques to enclose any portion of this Site without written consent of Fernco. You or third parties acting on your behalf shall not use the Fernco name or trademarks and service marks of Fernco as meta tags, without our written consent. You may not utilize any Site content in any meta tags or any other "hidden text" techniques or technologies without Fernco's express written consent.
Prohibited Conduct
You hereby agree to not upload, distribute, or otherwise publish through this Site any content that (i) is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, fraudulent, defamatory, abusive, inflammatory, or otherwise objectionable; (ii) is confidential, proprietary, incorrect, infringing on intellectual property rights; (iii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iv) may contain software viruses, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.
You expressly agree to refrain from doing either personally or through an agent, any of the following: (1) use any device or other means to harvest information about other users; (2) transmit, install, upload or otherwise transfer any virus or other item or process; to the Site that in any way affects the use, enjoyment or service of the Site, or any user’s computer or other medium used to access the Site; (3) modify the information, including headers, found on the Site; (4) transmit, install, upload or otherwise transfer to the Site any unauthorized advertisement or communication; (5) engage in any action which Fernco determines is detrimental to the use and enjoyment of the Site; (6) use the Site for any unlawful or defamatory means; and (7) transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or any other country in which you reside.
You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data, or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Fernco reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Fernco may be entitled at law or in equity.
No commercial use of the information on or under this Site is licensed or permitted. The use of automated systems (robots, spiders, or any other data-mining or similar data-gathering and extraction tools) to access, acquire, or download information on this Site is expressly prohibited where such systems are employed in connection with commercial objectives (other than indexing for search engines), or in a fashion that directly or indirectly violates any privacy interests.
Hyperlinks and Third Party Web Sites
This Site may contain links to other web sites, some of which are operated by Fernco or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other web sites and are not responsible for the content of those or any other web sites or any products or services that may be offered through those or any other web sites. Fernco has no control over third party web sites and makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of any web sites accessible by hyperlink from this Site, or web sites linking to this Site. Inclusion of links to other web sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Fernco is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites. Visitors to such third party web sites should refer to such web sites' respective privacy policies, and terms and conditions.
Trademarks and Copyrights
The word "Fernco" the Fernco logo, and the products and services described in this Site are either registered or unregistered trademarks, trade names, or service marks, trade dress, or copyrighted material of Fernco and its licensors, or are the property of their respective owners. These marks and copyrights may not be copied, imitated, or used, in whole or in part, without the express prior written permission of Fernco or their respective owners, and then with the proper acknowledgments. In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, or trade dress of Fernco, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Fernco. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner's prior written permission, except as otherwise described herein. Fernco reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
Infringement Notice
We respect the intellectual property rights of others and request that you do the same. You are hereby informed that Fernco has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Fernco's system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:
Craig Phillips
Dickinson Wright PLLC
2600 West Big Beaver, Suite 300
Troy, Michigan 48084
To be effective, your notification must be in writing, include your contact information, provided to our copyright agent, and include: (a) signature of a person authorized to act; (b) identification of the copyrighted work claimed to have been infringed; and (c) identification of the material that is claimed to be infringing including references to the location of the material on this Site.
DISCLAIMERS
Warranties
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. FERNCO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FERNCO OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. FERNCO DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. AS SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FERNCO NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FERNCO, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER FERNCO NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH FERNCO IS TO DISCONTINUE YOUR USE OF THE SITE.
Indemnification
You agree to indemnify, defend and hold harmless Fernco and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Site and any violation of these Terms and Conditions of Use. If you cause a technical disruption of the Site, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Fernco reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Fernco in the defense of such matter.
Jurisdiction and Applicable Law
The laws of the State of Michigan or the laws of the Province of Ontario (for users located in Canada), or the laws of England (for users located outside the United States and Canada) shall govern the construction and interpretation of these Terms and Conditions and the rights of the parties hereunder. By accessing, using, posting, or placing orders under this Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions and by all applicable laws and regulations, including U.S. Export control laws and regulations.
Visitors who do not agree with these Terms and Conditions should not access, use, post or place orders on or through this Site. By using this Site, you irrevocably agree that any controversy or claim arising out of or relating to your use of this Site or any services provided hereunder shall be settled by binding arbitration to be held in the English language in Detroit, Michigan, USA, in accordance with the commercial arbitration rules of the American Arbitration Association. Any judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction. Any award rendered by the Arbitrator(s) may include costs against either Party, but under no circumstances are the Arbitrator(s) authorized or empowered to award special, punitive, or multiple damages against either Party.
Fernco currently distributes, directly or indirectly, its products in the United States of America, Canada, Mexico, Brazil, Australia and other countries within the European Union. If you are not in one of the above identified countries, please do not use this Site. While we recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, and we have no practical ability to prevent such access, this Site has been designed to comply with the laws of the State of Michigan of the United States, and to the extent applicable, the laws of the above listed countries where Fernco either directly or indirectly distributes its products. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Changes to These Terms and Conditions of Use
Fernco reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions of Use, in whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to check periodically for any changes we make to the Terms and Conditions of Use. Your continued use of the Site after any changes to the Terms and Conditions of Use or other policies means you accept the changes.
Fernco reserves the right to change any and all materials and content contained on this Site at any time without notice, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
Entire Agreement and Admissibility
These Terms and Conditions of Use, Fernco’s Privacy Statement, and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Fernco with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms and Conditions of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability
If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.
You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. Fernco reserves the right to refuse or cancel any person's registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever.
Waiver
No waiver by Fernco of any right under or term or provision of these Terms and Conditions of Use will be deemed a waiver of any other right, term or provision of these Terms and Conditions of Use at that time or a waiver of that or any other right, term or provision of these Terms and Conditions of Use at any other time.
Language
It is at the express consent of the parties that the present agreement be written in English. C'est la demande expresse des parties que cette convention soit r dig e en anglais.