Terms & Conditions


Terms & Conditions

Terms & Conditions of Sale | Website Terms of Use


Terms and Conditions of Sale for Swanson Tool Manufacturing, Inc. ("STM")

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1. ACCEPTANCE OF TERMS AND CONDITIONS: The sale by STM of any products to a person, firm or company which places an order for purchase of products ("Buyer") shall be governed solely by these terms and conditions of sale and such other provisions agreed upon in writing by duly authorized representatives of STM. Any oral understandings are expressly excluded. STM shall not be deemed to have waived these terms and conditions of sale if it fails to object to provisions appearing on, incorporated by reference in, or attached to Buyer's purchase order, written acknowledgement or other authorization to proceed, which provisions are hereby expressly rejected. Buyer's silence or acceptance or use of products constitutes its acceptance of these terms and conditions of sale. These terms and conditions of sale shall apply to any order for products whether or referenced in such order. Reference in this order to any such offer to sell, quotation, or proposal shall in no way constitute a modification of any of the terms and conditions of this order. TERMS AND CONDITIONS THAT ARE DIFFERENT FROM OR IN ADDITION TO THESE TERMS AND CONDITIONS, WHETHER CONTAINED IN BUYER'S ORDER OR OTHERWISE, SHALL NOT BE BINDING ON STM, WHETHER OR NOT THE SAME WOULD MATERIALLY ALTER THIS ORDER, AND STM HEREBY OBJECTS THERETO. THE TERMS AND CONDITIONS HEREUNDER MAY ONLY BE MODIFIED BY A WRITTEN AGREEMENT EXECUTED BY DULY AUTHORIZED REPRESENTATIVES OF STM AND BUYER.

2. PRICES: Prices, specifications and delivery dates referenced in STM's quotations are for information only and shall not be binding on STM until all technical requirements have been agreed and STM has accepted Buyer's order. Quotations terminate if Buyer does not place an order with STM within 30 days. The prices for products shall be the price quoted by STM to Buyer or as otherwise agreed between the parties in writing. Prices and fees do not include taxes, transport charges, insurance and export and/or import charges or duties including without limitation sales, value added tax, use or excise taxes, applicable to the products sold, which taxes and other charges may, in STM's discretion, be added by STM to the sale price and or fees or billed separately and which taxes and other charges shall be paid by Buyer unless Buyer provides STM with any necessary tax exemption certificate. Unless otherwise agreed in writing, Buyer shall be liable to pay STM's charges for transport, packaging, insurance and export and/or import clearance.

3. PAYMENT: Each shipment of products shall be a separate transaction and Buyer will be invoiced upon shipment. Terms of payment shall be net thirty (30) days from date of invoice, unless otherwise stated on the invoice and/or sales order acknowledgment. All amounts due shall be paid in full by Buyer, in U.S. dollars, without deduction, withholding, set-off or counterclaim for any reason whatsoever, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, save as may be required by law. STM may, in its sole discretion, determine at any time that Buyer's financial condition requires full or partial payment in advance or the provision of security for payment by Buyer in a form satisfactory to STM. If Buyer fails to make any payment when due then, without prejudice to any other rights and remedies available to STM, STM shall (at its option) be entitled: (i) to treat the sale as repudiated by Buyer, to suspend or cancel further delivery of products or any part thereof between them and claim damages and/or receive reasonable cancellation fees; (ii) claim damages from Buyer; and (iii) to recover, in addition to the payment, interest on the unpaid amount (both before and after judgement) at the rate of 12% per annum or the highest interest rate allowed by law, whichever is less. If Buyer fails to pay when due any portion of any payment due from Buyer to STM, all warranties and remedies granted hereunder may, at STM's option, be terminated. STM retains and Buyer grants a security interest in the products to secure performance of all Buyer's obligations arising hereunder.

4. DELIVERY AND SHIPMENT: Delivery of the products shall be made FOB on a day nominated by the Seller, delivered to the carrier of Buyer's choice or other as agreed between the parties, and Buyer shall be responsible at its sole risk for their storage, transport, collection and off-loading. Any dates quoted by STM for delivery of products are approximate only and STM shall not be liable for any delay in delivery of products howsoever caused and time for delivery is not of the essence. STM reserves the right to make delivery of products by installments and to tender a separate invoice in respect of each installment. When delivery is to be by installments or STM exercises its right to deliver by installments or if there is delay in the delivery of any one or more installments for whatever reason Buyer shall not be entitled to treat the sale as a whole as repudiated. STM may charge Buyer for any delay howsoever caused, including without limitation STM's withholding of the products due to Buyer's financial condition or failure to timely pay STM, in collection or transport or off-loading of the products and for their storage and payable upon invoice to Buyer.

5. TITLE: Subject to any security interest retained by STM, title to and risk of loss and damage to products shall pass to Buyer on delivery to the carrier at the FOB point of shipment. Any claims for loss, damage or misdelivery shall be filed with the carrier and notified to STM promptly. Products shall be deemed finally inspected and accepted within ten (10) days after delivery unless notice of rejection is given to STM within such period, in which case STM shall have a reasonable opportunity, in its sole discretion, to correct any nonconformance. Acceptance shall constitute acknowledgement of full performance by STM of all obligations arising from the sale except as to the limited warranty stated herein.

6. INTELLECTUAL PROPERTY: Notwithstanding delivery of and the passing of title in any products, and despite any provision herein or in any other document or any rule of law to the contrary, in no event shall occur any granting or transferring to, or vesting in, Buyer of any patent, copyright or other intellectual property rights in or to any products or any documents, data, drawings, services, processes, specifications, articles, sketches, reports, inventions, improvements, modifications, discoveries, tools, scripts and other items relating thereto. All such intellectual property created, produced or developed by STM under or in the course of providing any products, wherever in the world enforceable, shall immediately upon creation or performance vest in and shall be and remain the sole and exclusive property of STM and Buyer shall acquire no right, title or interest in or to the same. STM grants to Buyer a revocable, nonexclusive, non-transferable license to use such intellectual property as is necessary, and to the extent necessary, for Buyer to obtain and utilize the intended benefit of the products.

7. CONFIDENTIALITY: Each party undertakes to keep confidential, not use for its own purposes and not without the prior written consent of the other party disclose to any third party, any information of a confidential nature belonging or relating to the other party which may become known to it unless such information is or becomes public knowledge (other than by breach of this Section) or is required to be disclosed by order of a competent authority.

8. LIMITED WARRANTY: STM warrants that all products delivered to Buyer shall be free from defects in material and workmanship at the time of delivery. Provided that Buyer notifies STM in writing of any claimed defect in a product immediately upon discovery, but in no event later than thirty (30) days after delivery, and any such product is returned to STM with STM's prior consent and at Buyer's risk, transportation charges prepaid, and upon examination STM determines to its satisfaction, after a reasonable period to inspect, that such product is defective in material or workmanship, STM shall, at its option, repair or replace the product shipment to Buyer prepaid or refund the purchase price, which shall be Buyer's sole remedy. Any repair or replacement of a product shall not extend the warranty in any way. Products are not warranted after being put into use, without regard to whether any claimed defects were discoverable or latent on delivery. STM shall not be liable for the breach of the warranty to any party other than Buyer nor in respect of products subject to alteration or repair by any party other than STM, accident, abuse, use or misuse. Buyer shall be responsible for determining that the product is suitable for Buyer's use and that such use complies with all applicable law. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER STATUTORY OR OTHERWISE, AND BUYER WAIVES ALL OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION AN IMPLIED WARRANTY OF COMMERCIAL ACCEPTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AS TO ANY PERIOD OF SERVICE OR PRODUCTIVITY. THIS WARRANTY MAY NOT BE EXTENDED OR ALTERED EXCEPT BY WRITTEN AUTHORIZATION OF SELLER.

9. EXPORT: Buyer shall not export either directly or indirectly any product, any system incorporating a product, or any information from STM either in contravention of any law, statute or regulation or without first obtaining all required licenses and permits from all relevant agencies or departments of the United States government, including the United States Department of Commerce.

10. INDEMNIFICATION: Buyer will indemnify, release, defend and hold harmless STM, its subsidiaries, affiliates, licensees and assigns, and their respective officers, directors, agents, representatives, subcontractors and employees (each, an "Indemnified Party"), from all claims, liabilities, damages, costs (including reasonable attorneys' fees), expenses, liens and actions including, without limitation, arising from personal injury (including death) or damage to property, incurred by or asserted against an Indemnified Party, in any manner arising out of or relating to Buyer's acts, omissions and misrepresentations, and/or the use, promotion or sale of products provided by STM.

11.LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING HEREIN, OR IN ANY OTHER DOCUMENT OR RULE OF LAW TO THE CONTRARY, STM WILL NOT BE LIABLE TO BUYER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. STM'S CUMULATIVE LIABILITY TO BUYER OR ANY THIRD PARTY UNDER ANY CLAIM FOR LOSS OR LIABILITY BASED ON, RESULTING OUT OF, OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OR BREACH HEREIN OR MANUFACTURE, SALE DELIVERY OF USE OF ANY PRODUCT SHALL IN NO CASE EXCEED THE FEES ACTUALLY RECEIVED BY STM FROM BUYER IN RESPECT OF THE PRODUCT(S) AT ISSUE.

12.CANCELLATION: Orders for products accepted by STM may be cancelled or rescheduled by Buyer only with the written consent of STM, which may be withheld for any reason or no reason, and Buyer shall indemnify STM against the cost of all labor and materials used in connection with the order so cancelled or varied and against all loss, damage, cost, charges and expenses suffered or incurred by STM as a result of that cancellation or variation. STM, by written notice, may terminate any order, in whole or in part, at any time when it is in STM's interest to do so and at no cost to STM.

13. FORCE MAJEURE: Notwithstanding anything to the contrary herein, STM shall not be liable to Buyer for any loss or damage which may be suffered by Buyer as a direct or indirect result of the supply of products being prevented, delayed or rendered uneconomic by reason of circumstances or events beyond STM's reasonable control. If due to such circumstances or events STM has insufficient stocks to meet all its commitments, STM may apportion available stocks between its customers at its sole discretion.

14.GOVERNING LAW: The terms and conditions herein and the sale of products by STM shall be governed by and construed exclusively in accordance with the laws of the State of Connecticut, U.S.A., without regard to its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of goods is specifically excluded from application hereunder. Any action or suit which arises hereunder, or the sale of products by STM or otherwise from the parties' relationship must be commenced in a state court of general jurisdiction in the state of Connecticut, U.S.A., County of Hartford and the parties irrevocably submit to the jurisdiction of such courts and waive any objection to either the jurisdiction of or venue in such court.

15.MISCELLANEOUS: Buyer may not assign, transfer, novate or otherwise dispose of all or any of its rights or delegate any of its obligations thereunder, in whole or in part, without the prior written consent of STM. Failure by STM to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof any time or times thereafter. If any provision or part of a provision hereunder is or is held by any court of competent jurisdiction to be unenforceable or invalid, such unenforceability or invalidity shall not affect the enforceability of any other provision. The headings of the sections and paragraphs are for convenience only and do not define, limit, or construe the contents of these sections or paragraphs.

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Website Terms of Use

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Binding Agreement

Welcome to the Swanson Tool Manufacturing website. Swanson Tool Manufacturing, Inc. ("we", "us" or "our") owns and/or operates www.swansongage.com. This website together with other websites owned, operated, or controlled by us are referred to herein, individually and collectively, as the "Website". We provide the Website and our products and services to you subject to the following conditions.

Please read carefully these Terms of Use, the Privacy Policy and any other terms and conditions on the Website that govern particular aspects of the Website (e.g. product orders are governed by our terms and conditions of sale) (the "Additional Terms"), all of which collectively govern your use of, and access to, the Website and any and all content, data, information and materials contained therein. The Terms of Use, the Privacy Policy and the Additional Terms are referred to collectively herein as the "Terms".

BY ACCESSING, BROWSING AND/OR USING THE PAGES OR SERVICES POSTED ON THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS, INCLUDING THESE TERMS OF USE, THE PRIVACY POLICY AND THE ADDITIONAL TERMS, AND AGREE TO BE BOUND BY ALL OF THE TERMS, AS WE MAY AMEND OR SUPPLEMENT EACH FROM TIME TO TIME, IN ACCORDANCE WITH THE TERMS.

Users

Use of the Website is not authorized in any jurisdiction that does not give effect to these Terms. The website (excluding linked web sites) is controlled by us from our offices within the United States. We make no representations or warranties that the Website or products or services offered on the Website are appropriate for access or use in locations other than the United States. By accessing or using the Website you represent that you are 18 years or older and we provide you access to the Website subject to your compliance with these Terms.

Use and Website Access

We grant you a limited license to access the Website for normal browsing only, and to download (for cacheing purposes only) or print a copy of the materials on the Website for your personal use only, and on the condition that you: (a) keep intact all copyright and other proprietary notices; (b) do not use the material in a manner that would compete with, achieve commercial gain, or damage the goodwill associated with us; (c) do not use the material in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized in writing by us); and (d) do not make any modifications to the material. Except as expressly provided in these Terms, you may not download (other than page cacheing), modify, copy, reproduce, republish, post, resell, upload, transmit or distribute material or any portion of it from the Website, except with our express written consent. The limited use license granted herein does not include any right for resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

In addition, you agree not to: (1) Use or access the Website for any purpose that is unlawful or prohibited by these Terms; (2) Frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form), without our express written consent; (3) Use any meta tags or any other "hidden text" utilizing our trade names, trademarks, service marks or logos without our express written consent; (4) Make any commercial or non-fair use of our copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of us without our express written consent; (5) Use or access the Website in a manner that could damage, disable, overburden, or impair any of our servers or the networks connected to any of our servers; (6) Interfere with any third party's use and enjoyment of the Website; (7) Attempt to gain unauthorized access to the Website, accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means; or (8) Sublicense any license granted in or to materials on the Website under these Terms (whether or not any of such acts are for commercial gain or advantage).

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

Linking to the Website

We may grant you, in our sole discretion, a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website provided that: (a) you do not use our logo or other proprietary graphic or trademark as part of the link without our express written permission; (b) the link does not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive matter; (c) you do not use the link in a manner that would compete with or damage the goodwill associated with us; and (d) you do not use or post the link in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized by us in writing). To request our permission to create a hyperlink to the home page of the Website, please contact us by email at sales@swansongage.com.

Third Party Links

The Website may contain links to other websites not controlled, operated or owned by us. Unless otherwise expressly stated by us, we provide no endorsement or representation of any kind regarding the products, services, content or appropriateness of content of such websites, and explicitly disclaim any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through any such linked website. We do not endorse and have not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third party sites. We do not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any such linked website.

Products

We make reasonable efforts to provide accurate and timely information on the Website. While we believe the information is reliable, we are not guaranteeing that the information is always up to date or contains all the relevant information available. Prices, if provided, are in US dollars unless otherwise noted. We reserve the right to change prices on any product or products, and to discontinue any services or products provided through the Website at any time.

All sales of products are governed solely by our terms and conditions of sale found here: Terms and Conditions of Sale.

Email is not secure. If you choose to send sensitive information such as a credit card number to us via email, you do so at your own risk.

Copyrights and Trademarks

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, photographs, illustrations, digital downloads, data compilations, and the compilation (including the collection, selection, assembly and arrangement) of such materials is our property or its licensors or content suppliers and protected by copyright, trademark and other applicable laws in the United States and other jurisdictions.

We own or control the proprietary rights in trademarks here and in one or more countries outside the United States. The domain names of the Website and our other websites are our property. All of our trademarks, copyrights, trade dress and/or intellectual property used on the Website may not be used in connection with any product or service that is not offered for sale or is otherwise provided by us, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or defames us or the Website. All other trademarks, services marks, logos, designs, and trade dress, not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any applicable laws and for any direct, indirect, or contributory infringements of third party rights caused by you.

Infringement

If you believe any violation of the Terms or infringement of any of our rights has occurred, or if you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact us in writing at the address below.

Swanson Tool Manufacturing, Inc.
71 Custer Street
West Hartford, CT 06110
Attention: Webmaster
Telephone: 860-953-1641
Email: sales@swansongage.com

Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to our Designated Agent (above) must be in the form of a written communication that includes the following information:

  1. Your address, telephone number and e-mail address;
  2. Identification of the copyrighted work (or works) that you claim has been infringed;
  3. A description of the material that you claim is infringing the copyrighted work;
  4. A clear description of where the infringing material is located on the Website, including its URL, so that we can locate the material;
  5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  7. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.

Investigations

We may seek to gather information from any user of the Website who is suspected of violating these Terms, and from any other user of the Website. In connection with your use of the Website, you consent to our recording any communication, electronic or otherwise, between you and us and our retaining any information and data obtained from you. If we believe, in our sole discretion, that a violation of these Terms has occurred, we may take the corrective action we deem appropriate. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone that we believe violated these Terms. YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

Indemnification

You agree to indemnify and hold harmless us, our affiliates and subsidiaries, and all of their respective managers, members, directors, officers, agents, employees, suppliers, vendors, distributors and service providers (the "Swanson Tool Manufacturing Parties") from any claims, judgments, liability, and expenses, including reasonable attorneys' fees, whether in tort, in contract or otherwise, that it or any of the Swanson Tool Manufacturing Parties may incur by reason of or arising out of or related to: (i) your use of the Website; (ii) your breach of the Terms; and (iii) claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity by any third party.

Termination

We reserve the right, in our sole discretion, to terminate or suspend access, or ability to use the Website at any time without notice. Upon such termination, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately (a) discontinue use of the Website and (b) discontinue use of and destroy or return to us all of our materials. Notwithstanding the foregoing, any provisions of these Terms, including the Privacy Policy and the Additional Terms, expressly identified or that would by their nature survive such termination shall so survive.

Disclaimer

THE WEBSITE, THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS, INCLUDED OR MADE AVAILABLE ON OR THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ON THE WEBSITE, AND ON THE INFORMATION AND MATERIALS PROVIDED ON OR OFFERED FOR SALE ON THE WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM US; ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE.

Limitation of Liability

NEITHER WE, NOR ANY OF THE SWANSON TOOL MANUFACTURING PARTIES, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. IF YOU ARE DISSATISFIED WITH ALL OR ANY PORTION OF THE WEBSITE, OR WITH ALL OR ANY OF THE TERMS, INCLUDING THE PRIVACY POLICY AND/OR ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. SOME JURISDICTIONS MAY NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, IN WHICH CASE THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS ON DIRECT AND INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARE INDEPENDENT OF ONE ANOTHER AND ANY OTHER LIMITATIONS SET FORTH IN THESE TERMS.

Applicable Law

THE TERMS SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF CONNECTICUT, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS WEBSITE OR THE USE OR ACCESS THEREOF MUST BE BROUGHT IN THE STATE OR FEDERAL COURTS LOCATED IN HARTFORD COUNTY, CONNECTICUT. NOTHING HEREIN SHALL LIMIT OUR RIGHT TO SEEK AND OBTAIN EQUITABLE OR INJUNCTIVE RELIEF, WITHOUT THE POSTING OF A BOND, AND THE FOREGOING SENTENCE SHALL NOT APPLY TO YOUR VIOLATION OF THE TERMS RELATING TO OUR TRADEMARKS, COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE SHALL BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR SUCH ACTION OR CLAIM SHALL BE BARRED.

Miscellaneous

These Terms set forth the entire, final and exclusive agreement between us and you with respect to your use of, and access to, the Website and any and all content, data, information and materials contained therein and transactions completed thereon, and supersede all previous oral and written terms, representations, or understandings concerning your use of, and access to, the Website and any and all content, data, information and materials contained therein and transactions completed thereon. Our failure to exercise or enforce any right or provision of these Terms, including without limitation, the Privacy Policy and/or the Additional Terms shall not constitute a waiver of such right or provision. We may assign our rights and duties hereunder to any party at any time without any notice to you. The Terms may not be assigned by you without our prior written consent. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

Questions

Questions or comments regarding the Website or these Terms, including the Privacy Policy and/ or the Additional Terms, should be directed to:

Swanson Tool Manufacturing, Inc.
71 Custer Street
West Hartford, CT 06110
Attention: Webmaster
Telephone: 860-953-1641
Email: sales@swansongage.com

Please do not send any time-sensitive communications to us by email as we cannot be responsible for responding to any such communications.

Version and Changes

These Terms of Use are effective as of December 1, 2016. From time to time we may change the Terms, including these Terms of Use and will post the revised version here, so we suggest that you check back periodically for the most up-to-date version of our Terms. If you do not agree to the new posted Terms, your only remedy is to discontinue use of the Website.

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71 Custer Street • West Hartford, CT 06110
Tel: 860-953-1641 / 800-243-0098• Fax: 860-953-8926
sales@swansongage.com
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