Terms & Conditions, Pump & Meter Solutions

1. Terms & Conditions of use of Pump & Meter Solutions Products and Services
The Terms & Conditions of use state that you may use any of our products and services, provided that you are of legal age to form a binding contract and are not a person barred from receiving products or services under the laws of the United States or other jurisdictions. You must be at least 16 years of age to use the Pump & Meter Solutions’ website.

2. Acceptable Conduct
(a) You agree that you are responsible for proper handling and usage of Pump & Meter Solutions’ products
(b) You agree that the responsibility of proper chemical compatibility of equipment and material used is the full responsibility of you, the customer.
(c) You agree that all personnel involved in the operation, installation, inspection and maintenance of the product must be qualified to carry out the work involved. If the personnel in question do not already possess the necessary knowledge and skill, you must provide appropriate training and instruction.
(d) You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, files, attachments or other materials (‘Content’) of Pump & Meter Solutions’ products are the sole property of Pump & Meter Solutions and are protected by copyright and trademark
(e) You agree that you are responsible for the maintenance and storage or archiving of all generated data within Pump & Meter Solutions’ products during the course of usage. As with any computer software device, content that is created, transmitted, stored, or displayed can from time to time become corrupted, deleted or lost. You agree that Pump & Meter Solutions is in no way responsible for personal data loss.
(f) You agree to use Pump & Meter Solutions’ products only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines.
(g) You agree to make sure that hazardous substances are disposed of safely and that the correct personal protective equipment is used. The safety specifications must be in accordance with the current local regulations at all times.

3. Prohibited Usage
You agree to the terms & conditions that any of the below activities are considered prohibited usage and will result in loss of warranty service for Pump & Meter Solutions’ products:
(a) Misuse of Product: Misuse of product, including but not limited to attempts to reprogram, change functions, remove labels or any other misuse of products including continued use of the product if it is considered to be defective. You acknowledge that any modification of the products, removal of original components, or the incorporation of parts and accessories from other vendors may impair the safety of these products and that failure to comply is considered to be misuse of the product.
(b) Any act relating to the circumvention of security measures.
(c) Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Pump & Meter Solutions
(d) Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.

4. Limitation of Liability
UNDER THE TERMS & CONDITIONS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PUMP & METER SOLUTIONS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER LOSSES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE PUMP & METER SOLUTIONS’ PRODUCTS; OR (II) ANY OTHER MATTER RELATING TO PUMP & METER SOLUTIONS’ PRODUCTS OR SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PUMP & METER SOLUTIONS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT DAMAGES GREATER THAN THE ORIGINAL PURCHASE PRICE.

5. Exclusions and Limitations
Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.

6. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.

7. Claims
Upon receipt, you must immediately check the contents and inspect for any damages in transportation. Any shortage and/or damage must be reported immediately to Dura Products, Inc. or the shipping company, as applicable.

8. Limited Warranty
No one shall make any warranty, either implied or expressed, as to the performance, efficacy or other capability that has not been stated in the manufacturer’s guarantee.

The manufacturer’s policy will determine any replacement of defective merchandise or parts. Such merchandise returned for inspection must be prepaid.

Under no circumstances shall Pump & Meter Solutions be responsible for any damage, loss, or expense as a result of defective materials or workmanship, installation, use or other causes beyond the replacement of defective parts.

The validity, construction and enforcement of, and the remedies under, this limited warranty shall be governed by the laws of the State of Indiana. Jurisdiction and venue shall properly lie exclusively in the State of Indiana, in and for Hamilton County, Indiana, with respect to any legal proceedings arising from this limited, prorated warranty or use of the products.

Written claim and equipment should be sent to:
Pump & Meter Solutions
6660 East 266th Street, Suite 100
Arcadia, IN 46030

9. Indemnity
You agree to defend, indemnify and hold harmless Pump & Meter Solutions, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from: (i) your use of Pump & Meter Solutions’ products; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right; or (iv) any claim that use of our products caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Pump & Meter Solutions’ product.

10. Notice
You agree that Pump & Meter Solutions may provide you with notices, including those regarding changes to the Terms and Conditions of Sale, by email, regular mail, or postings.

11. Choice of Law, Jurisdiction, and Forum
You expressly agree that exclusive jurisdiction for any suit, claim or legal proceeding of any nature between you and Pump & Meter Solutions must be filed and prosecuted in Hamilton County, Indiana and shall be controlled by the laws of the State of Indiana then in effect. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Indiana in connection with any such dispute including any claim involved Pump & Meter Solutions or its affiliates, subsidiaries, suppliers, employees, contractors, officers, directors, telecommunication providers, and content providers.

12. Attorney’s Fees
In the event of a dispute of any nature between you and Pump & Meter Solutions, whether or not a lawsuit  or other legal proceeding is filed, Pump & Meter Solutions, if it prevails, shall be entitled to recover from you its reasonable attorneys’ fees and costs, including attorneys’ fees and costs incurred in litigating entitlement to attorneys’ fees and costs, as well as in determining or quantifying the amount of recoverable attorneys’ fees and costs.

13. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Pump & Meter Solutions’ products or services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14. Non-Disclosure and Non-Use of Seller’s Information
Buyer agrees that it will not use Seller’s data for the manufacture or procurement of equipment which is the subject of an Order or any similar equipment, or cause said equipment to be manufactured by, or procured from, any other source or reproduce said data and information or otherwise appropriate them without the written authorization of the Seller. Buyer agrees that it will not disclose or make available to any third party any of Seller’s data or other information pertaining to this Order which is proprietary to Seller without obtaining Seller’s prior written consent.

15. Entire Agreement
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Pump & Meter Solutions and govern your use of Pump & Meter Solutions’ products and services, superseding any prior agreements.

16. Waiver and Severability of Terms
The failure of Pump & Meter Solutions to exercise or enforce any right or provision of the Terms & Conditions of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.