GENERAL TERMS AND CONDITIONS
- SITE ACCESS; CONTENT. The Site is the property of and is operated by Obdyke. We may at any time and from time to time modify, suspend or discontinue the Site, with or without notice. We grant you a limited license to access and use this site. All content on this site, such as graphics, text, logos, etc., is the property of Obdyke or its content suppliers. You agree not to download or modify this content without our consent. The Obdyke logo and other marks are trademarks of Obdyke and may not be used in connection with any product or service that is not Obdyke’s in any manner that is likely to cause confusion among users or in any manner that disparages Obdyke. The Site may contain trademarks belonging to third parties who sell products on the Site and are not affiliated with Obdyke.
- PRODUCT ORDERS. We will do our best to fulfill all orders placed on this Site but we cannot guarantee the availability of any particular product displayed on the Site. We reserve the right to make changes in the design and construction of the products to be supplied on a per order basis as long as: (i) those changes do not materially impair the operation or durability of the products, and (ii) those changes will not alter the price on that particular order. We reserve the right to discontinue the sale of any product listed on the Site without notice.
- PURCHASE PRICE; DELIVERY; TAXES. The prices shown on the Site are in U.S. dollars and are valid in the U.S. only. Prices include standard ground shipping within the continental U.S. Additional charges may apply if the product is to be shipped outside of the continental U.S. or if an expedited shipping option is selected. If the package tracking service used by the shipping company we select indicates that a package has been delivered to the address you provided, you will be deemed to have received the items contained in that package. If the tracking service indicates that a package is lost, we will upon request send you another shipment with those items, provided that if the original package is subsequently delivered to you, you agree that you will notify us within fifteen (15) days of your receipt of the original package and you will return the items contained in the original package to us within fifteen days after notifying us or you will be charged for those items in addition to the items contained in the replacement package.
The prices shown on the Site do not include federal, state or local sales, use, excise or other applicable taxes. State sales tax will be added to the total invoice price for customers where such tax applies. Purchaser is responsible for any state and local sales and use taxes that may apply to your order.
- LINKS TO THIRD PARTY SITES. The Site may contain information and data supplied by and belonging to third parties (the “Third Party Content”) and links to other websites (the “Third Party Sites”), including companies that provide products and services to consumers. You agree that Obdyke is not responsible for and has no control over the Third Party Content or the Third Party Sites and that the suppliers of the Third Party Content and the Third Party Sites are solely responsible for their accuracy, completeness and reliability. Obdyke is under no obligation to update, amend or correct any Third Party Content or Third Party Site, all of which is provided on the Site on an “as is” basis without any representation or warranty of any kind. The publication of the Third Party Content or a Third Party Site is not an endorsement or recommendation of the Third Party Content, the Third Party Site or the supplier of the Third Party Content or the Third Party Site.
- RETURN POLICY. You agree to notify us in writing or by email of any defect, error or shortage in any products in your order within thirty (30) days after purchase date. If you fail to notify us of any defect, error or shortage within that period, you will be deemed to have accepted the order.
- LIMITED PRODUCT WARRANTY AND DISCLAIMER. We offer products for sale that are manufactured by or for us and bear the Benjamin Obdyke label as well as products that are manufactured by third parties as to which we are a distributor (the “Third Party Products”).
We warrant that the products bearing the “Benjamin Obdyke” name will conform to the description on the product packaging and on this website and that we convey good title to those products. Certain of our products are covered by additional warranties. Click here to see if the Benjamin Obdyke product you are purchasing is covered by such a warranty and to review its terms. THE WARRANTY CONTAINED IN THIS PARAGRAPH AND, IF APPLICABLE, IN THE TERMS OF THE SEPARATE PRODUCT WARRANTY INCLUDED IN THIS SITE, ARE EXCLUSIVE, AND IN LIEU OF, AND OBDYKE DISCLAIMS, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE ARISING BY OPERATION OF LAW, TRADE USAGE OR COURSE OF DEALING INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You are required to provide us with written notice of a defect in the Benjamin Obdyke product you purchase through this Site within 30 days of delivery. If you fail to do so you will be required to pay all costs we incur in performing our Limited Warranty obligations and could result in a release and discharge of Obdyke from any obligation or liability for breach of any warranty. The foregoing warranty extends only to the person buying the product and to no other person.
Third Party Products:
Obdyke makes no warranties, express or implied, with respect to Third Party Products, which are sold on this Site on an “as is” and “as available” basis. If the manufacturer of a Third Party Product offers a written warranty for such product, a copy of this warranty is available on this website. FOR ALL THIRD PARTY PRODUCTS, OBDYKE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE ARISING BY OPERATION OF LAW, TRADE USAGE OR COURSE OF DEALING INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO BUYER, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- DISCLAIMER OF WARRANTIES REGARDING USE OF SITE. THIS SITE IS PROVIDED BY OBDYKE ON AN “AS IS” AND “AS AVAILABLE” BASIS. OBDYKE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WE RESERVE THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS SITE AT ANY TIME IN OUR DISCRETION. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, OBDYKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- LIMITATION OF LIABILITY. Obdyke shall in no event be liable to you for injury to persons or damage to property arising out of or in connection with the sale, assembly, use, installation, or employment of the goods, whether arising from any claim based upon contract, warranty, tort, strict liability, or otherwise, for any amount, for Third Party Products, or for any amount in excess of the amount actually paid by you to us for our products. Any claim with respect to our products purchased through this Site must be brought within the time period identified in the applicable product warranty. OBDYKE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
- TERMINATION. We may terminate your use of this site if you violate any of these terms.
- GOVERNING LAW. The laws of the Commonwealth of Pennsylvania shall govern and apply to this contract its construction, interpretation, effect, validity and enforceability performance and nonperformance thereunder and the consequences thereof.
- MODIFICATION. We reserve the right to make changes to this site, our policies and these terms and conditions at any time.