Terms & Conditions
FARROW FLOW (“We” or “Seller”) THANK YOU FOR VISITING OUR WEBSITE https://farrowflow.com (“Site”). ANY AND ALL ORDERS YOU (the “Buyer”) MAKE ONLINE ARE BASED ON YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS WHICH ARE BINDING. BY PLACING SUCH AN ORDER YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE THE LEGAL AUTHORITY TO ACCESS THE WEBSITE AND, IF ORDERING ON BEHALF OF AN ENTITY, HAVE THE LEGAL AUTHORITY TO BIND THE ENTITY.
Scope and Effectiveness. These Terms and Conditions (“Terms”) apply to all purchases and sales of goods (“Product”) advertised by us for sale on the Site. These terms and conditions are subject to change by us and are in effect as of the Revision Date set forth below. Use of the Site after that date constitutes acceptance by you.
Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Price and Payment. Prices advertised on the Site are current prices and are the prices that will be charged when the order is placed subject to any promotions or discounts shown on the Site that may be applicable. Seller may alter its Site prices at any time on the Site at its sole discretion. Taxes and shipping charges will be added to the price charged. Payment may be made by approved credit cards and payment must be received before the order is accepted.
Shipping and Delivery. Seller’s delivery dates on the Site are approximate. Seller is not liable for any loss or damage including, but not limited to, consequential and incidental damages due to delays in shipment or delivery for whatever reason including, but not limited to, strike, lockout, embargo, lack of shipping facilities or any cause or circumstance of any kind whatsoever beyond Seller’s control. Security, title and right of possession of the products passes to you at the time transfer to the carrier.
Termination, Breach and Time for Performance. If any online Order is cancelled or terminated for any reason or no reason other than for your default, YOU, AT YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US, SHALL BE ENTITLED TO A REFUND OF THE AMOUNT OF THE PRICE PAID.
Limited Warranty; Limitation of Liability.
We warrant the Products manufactured by it to be free from defects in material and workmanship only. The extent of our obligation hereunder is to either repair or replace the defective Products, F.O.B. Seller’s plant, if returned within 12 months after date of delivery with proof of delivery. No allowance will be granted for repairs or alterations made by you without our written approval. The warranty shall not be construed to cover the cost of any work done by you on material furnished by us or the cost of removal or installation of Product.
THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDY OF BUYER AND THE SOLE AND EXCLUSIVE WARRANTY OF SELLER. THE WARRANTIES, STATED IN THIS PARAGRAPH ARE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR VERBAL, STATUTORY, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY DISCLAIMED.
Seller’s agreement to sell the products is made upon the condition and agreement that, with respect to the Products, there have been no representations or undertakings made by or on behalf of Seller and Seller makes no guarantees or warranties, expressed or implied, in fact or in law, except as expressly stated above or as are specifically in connection with sales pursuant to special promotions stated on the Site as of the time of sale, if any.
We are not responsible, obligated, or liable for any injury or damage resulting from an application or use of our Products, either singly or in combination with other products. SELLER’S SOLE LIABLITY FOR BREACH OF WARRANTY OR ANY OTHER CLAIM SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCTS OR RETURN OF THE PURCHASE PRICE, AT SELLER’S SOLE OPTION. SELLER SHALL NOT BE LIABLE FOR DAMAGES INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS OR ARISING OUT OF ACCEPTANCE OF THIS ORDER.
Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the U.S.
Reasonable Attorneys’ Fees. In the event suit or other proceeding shall be brought for the breach by Buyer of any term of the agreement between Seller and Buyer, Buyer shall pay to Seller in addition to any damages provided by law, reasonable attorney’s fees and costs of collection (if applicable).
Force Majeure. In the event of war, fire, epidemics, quarantine restrictions, flood, strike, labor trouble, breakage of equipment, accident, riot, the imposition of any government price control regulation or any other act of governmental authority, acts of God or other contingencies (whether similar or dissimilar to the foregoing) beyond the reasonable control of Seller, interfering with the production, supply, transportation, or consumption practice of Seller at the time respecting the products covered by the agreement between the parties or in the event of inability to obtain on terms deemed by Seller to be practicable any raw material (including energy source) used in connection therewith, quantities so affected shall be eliminated from the contract without liability, but the contract shall otherwise remain unaffected. Seller may during any period of shortage due to any of these causes, allocate its supply of such raw material among its various uses therefore (e.g. manufacturing and sales) in such manner as Seller deems practicable and allocate its supply of such products among such various uses thereof in any manner which Seller deems fair and reasonable.
Intellectual Property. We are the owner of all patents, patent rights, copyrights, trade secrets and all other intellectual property and proprietary rights, of any nature, which arise through the design and/or completion of the Product or which are embodied in the Product or the documentation describing or accompanying the Product. Buyer shall not remove any patent or proprietary legends contained on the Product and shall not reverse engineer, de-compile or disassemble the intellectual property embodied within the Product.
Assignment. Seller, in its sole discretion may assign or delegate any of its duties or rights under this Order at any time without prior notice to or the consent of Buyer. Any Order may not be assigned by Buyer without Seller’s prior written consent, and in any event, this Order shall be binding on Buyer’s successors and assigns.
Modification and Non-Waiver. No covenant, term or condition of this Order can be waived by Seller except by its written consent. This Order may be amended only by a written instrument signed by Seller and Buyer.
Governing Law and Jurisdiction. The agreement between Buyer and Seller and any matter connected with the performance thereof shall be construed in accordance with and governed by the law of the Commonwealth of Pennsylvania, as if it were executed and performed entirely within Pennsylvania without giving effect to any choice or conflict of law provision or rule that would cause the application of any laws other than that of the Commonwealth of Pennsylvania. The UN Convention on the International Sale of Goods (CISG) will not apply to the Order or these Terms and Conditions. Any legal suit, action or proceeding arising out of or relating to the Order or these Terms and Conditions must be instituted in the Court of Common Pleas of Chester County in the Commonwealth of Pennsylvania or the United States District Court for the Eastern District of Pennsylvania. Buyer waives any and all objections that it might have as to personal jurisdiction and venue in those exclusive tribunals.