BY CLICKING BELOW AND SHOPPING AT OR OTHERWISE USING THIS WEB SITE, www.glaciertanks.com (the "SITE") YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS "AGREEMENT".
"Customer," "you," and "your" refer to anyone, whether an individual or business, that shops at or otherwise uses the Site. "Glacier Tanks," "us," and "we" refer to Glacier Tanks, LLC.
Acceptance of Contract Terms:
This Agreement and all of its terms and conditions constitute a legal contract between you and Glacier Tanks. By clicking below and shopping at or otherwise using this Site you acknowledge that you have read, understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations, including, but not limited to, U.S. export and re-export control laws and regulations.
These terms and conditions are subject to change, in Glacier Tank's sole discretion, at any time and without prior notice. By clicking below and shopping at or otherwise using the Site after a change has been posted, you accept the terms and conditions in effect at the time of such use. If you do not accept and agree to the terms of this Agreement, do not use this Site.
Prices are subject to change at any time at the sole discretion of Glacier Tanks.
Orders; Payment Terms; Interest; Taxes:
Orders are binding on Glacier Tanks only after Glacier Tanks accepts and confirms such order. Terms of payment are cash in advance, unless agreed to otherwise by Glacier Tanks in writing. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Glacier Tanks may invoice portions of an order separately. Customer agrees to pay interest on all past-due sums at 12% per annum. Customer is responsible for sales tax, if any, and any other tax associated with the order.
Credit Cards & PayPal Payments:
Credit card and PayPal charges are processed online after an order is placed and accepted. Customers are charged a 2.9% processing fee for all credit card and PayPal payments. There are several options available to avoid the processing fee. Please inquire as to forms of payment not subject to the processing fee.
Shipping and handling charges vary. Contact your Glacier Tanks account manager for current rates, options, and shipping specials. For your protection, we ship only to the address provided by you. International shipping may be available. Call for details.
Glacier Tanks will accept returns of website standard stocking items, but only if:
Once your items have been received by Glacier Tanks and verified to be unused, we will refund your purchase price, less shipping costs. Returns will incur a 15% restocking fee. Return shipping costs are your responsibility and shall not be paid by Glacier Tanks.
The following items are non-returnable:
Please be sure you understand and agree to any drawings supplied to you prior to purchase of custom or special order items. Payment of deposits for custom or special order items indicates your approval and acceptance of such custom or special order items.
Glacier Tanks warrants that all products will be free of defects in materials and workmanship for 1 Year, unless otherwise stated, from the date of shipment to you by Glacier Tanks. Gaskets and Seals are non-returnable unless there is a manufacturer defect in the material.
In case of defect in material and workmanship, Glacier Tanks will, at its sole option, repair or replace your product or the defective component. However, you must contact Glacier Tanks prior to returning your product and provide Glacier Tanks with the information necessary for Glacier Tanks to determine the best course of action. All returns must be authorized by Glacier Tanks, in advance. Glacier Tanks may elect to have your item repaired locally by a reputable stainless steel welder or other appropriate repair service. For items Glacier Tanks elects to replace, we will do our best to ensure prompt replacement. However, it may take extended periods of time to have your item replaced due to manufacturing and shipping times. Glacier Tanks is not responsible for your costs or loss of income due to delays in replacing your product.
Our products are hand-crafted. As such, there may be minor imperfections or variances from the stated specifications. These minor imperfections and variances are not considered defects for the purposes of this warranty so long as they do not cause a materially negative impact on the functionality of the equipment.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIABILITY OF GLACIER TANKS FOR BREACH OF WARRANTY SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF PRODUCTS AS SET FORTH ABOVE.
Limitation of Liability:
EXCEPT TO THE EXTENT GLACIER TANKS EXPRESSLY ASSUMES LIABILITY HEREIN, GLACIER TANKS SHALL NOT BE LIABLE FOR ANY DAMAGES FROM ANY CAUSE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. DAMAGES INCLUDE BUT ARE NOT LIMITED TO PERSONAL INJURY, LOSS OF DATA, LOSS OF PROFIT, AND LOSS OF GOODWILL ARISING OUT OF THE USE, OR THE INABILITY TO USE, MATERIALS OR SERVICES PURCHASED FROM GLACIER TANKS, EVEN IF GLACIER TANKS OR A GLACIER TANKS AUTHORIZED REPRESENTATIVE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND DESPITE ANY FAILURE BY GLACIER TANKS TO REPAIR OR REPLACE THE PRODUCT.
Glacier Tanks' limited warranty is valid only for the original purchaser and only if the equipment or product is used under normal conditions and for its intended purpose.
GLACIER TANKS' LIMITED WARRANTY IS VOID IF the equipment or product is used for anything other than its intended purpose. Glacier Tanks equipment and products are intended for use only within the brewery industry. Glacier Tanks may now or in the future provide equipment and products for use within the extraction industry but only for uses in compliance with state and federal law.
Glacier Tanks' limited warranty is void if damage is caused by or results from:
CUSTOMER EXPRESSLY ACCEPTS THESE RESTRICTIONS ON ITS ABILITY TO RECOVER DAMAGES AS PART OF ITS BARGAIN WITH GLACIER TANKS.
Customer Representations and Indemnification:
Customer will not use any item purchased from Glacier Tanks in violation of state or federal law, and will use such items only for and according to their intended purpose. Customer agrees to hold Glacier Tanks, its subsidiaries, affiliates, members, officers, agents, and employees from any claim or demand by any third-party due to or arising from Customerâ€™s breach of these Terms and Conditions.
Time of Delivery:
Glacier Tanks uses reasonable efforts to ensure timely delivery. All orders receive an estimated fabrication date and an estimated factory shipping date. However, your actual delivery date can be affected by many variables. Therefore, Glacier Tanks is not liable for any cost or loss of income incurred due to late delivery.
Glacier Tanks uses reasonable efforts to include accurate and up-to-date information on the Site. However, Glacier Tanks makes no warranties or representations as to the accuracy of third party information contained on the Site and assumes no liability or responsibility for any errors or omissions. In addition, photos and drawings of products may differ slightly from the actual items purchased.
Title; Risk of Loss:
Title to goods purchased from this Site is retained by Glacier Tanks until goods are paid for by Customer. Upon full payment, title and risk of loss passes to Customer, except to the extent risk of loss is expressly retained by Glacier Tanks in this section. Loss or damage that occurs during shipping by a carrier selected by Glacier Tanks remains Glacier Tank's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software remains with the applicable licensor(s).
If goods purchased at this Site are purchased for export, Customer bears full responsibility for obtaining all required federal and/or other licenses, permits, or other documentation that may be required before shipping to a foreign country. Customer acknowledges that manufacturers' warranties may vary or even be revoked for goods exported outside the United States and Customer bears the risk of such changes.
Third-Party Product Disclaimer:
All products sold by Glacier Tanks are third party products, subject to the warranties and representations, if any, of each respective manufacturer. Accordingly, Glacier Tanks makes no representation or warranty with respect to any product, except as expressly stated in section 8 above.
You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with a parent or guardian present at all times. Please review our Privacy Notice, which also governs your visit to this Site.
Communications to Glacier Tanks:
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-proprietary. Anything you transmit or post may be used by Glacier Tanks for any purpose. Furthermore, Glacier Tanks is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Glacier Tanks or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information and at no cost to Glacier Tanks.
If you believe your work has been copied in a way that constitutes copyright infringement you may contact Glacier Tanks at the address in section 19.
Contacting Glacier Tanks:
If you wish to contact Glacier Tanks for any reason by regular mail, you may do so at the following address:
Access, Interference and Linking:
Glacier Tanks grants you a limited license to access and make personal use of the Site but not to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with the express written consent of Glacier Tanks. The following activity on the Site is expressly prohibited: (1) Use of any robot, spider, other automatic device or manual process to monitor or copy portions of the Site or content contained therein without the prior written permission of Glacier Tanks; (2) Collection or use of product listings, descriptions, or prices from the Site for the benefit of another merchant offering products competitive with or comparable to those offered on the Site; and (3) Any use of, visits to, or other actions that impose an unreasonable or disproportionately large load on the Site or otherwise interferes with its proper and timely functioning.
You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Glacier Tanks, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Glacier Tanks' logo or other proprietary graphic or trademark as part of the link without the express written permission of Glacier Tanks.
Unauthorized use terminates any and all limited licenses granted by Glacier Tanks.
Glacier Tanks does not review or control third-party sites that link to or from the Site and is not responsible for the contents of any third-party sites linked to or from the Site.
Any copyright in the material provided on this Site is held by Glacier Tanks or by the original creator of the material. Except as expressly stated herein, such material may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Glacier Tanks or the copyright owner.
Permission is granted to display, copy, distribute and download material on this Site for personal, non-commercial use only, and then only if you do not modify the material in any manner and only if you retain all copyright and other proprietary notices contained in the material. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed material including any and all electronically stored versions. You may not, without Glacier Tanks prior written permission, "mirror" any material contained on this Site to any other server. The unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective owners. Glacier Tanks and the Circle of Service logo are trademarks of Glacier Tanks. Copyright Â© 2012 Glacier Tanks. Microsoft and the Passport Logo are either trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries and are used under license from Microsoft.
Sited Within the United States:
This Site is controlled and operated by Glacier Tanks from its offices located in the State of Washington, United States of America. Glacier Tanks makes no representation that materials on or available through the Site are appropriate or available for use in other locations, and access to them from areas or territories where their contents may be restricted or illegal is not authorized. Anyone choosing to access this Site from locations outside of the United States does so of their own initiative and is responsible for compliance with applicable local laws and regulations.
In the event of a conflict between the terms and conditions stated on your purchase order or invoice and this Agreement, the provisions of this Agreement shall control. In the event of a conflict between the terms of the purchase order and the invoice, the terms of the invoice shall control.
Conflict of Terms:
In the event of a conflict between the terms and conditions stated on your purchase order or invoice and this Agreement, the provisions of Agreement shall control.
Time of Order:
The terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern each order or modification of an order.
Electronic Records and Communications:
Electronic records, including signatures, that are otherwise valid shall be accepted under the Agreement. Customer consents to receiving electronic records which may be provided via a web browser or e-mail application connected to the Internet. Customer may withdraw consent to receive electronic records and have the record provided in non-electronic form by contacting Glacier Tanks at the address in section 18 above.
Choice of Law - Venue:
Any claims relating to the use of this Site or the products listed on and/or sold through the Site are governed by the laws of the state of Oregon. In the event any suit or action is brought by either party relating to, or to enforce any of the provisions of this Agreement, the parties agree that the exclusive venue will be in the Circuit Court of Oregon for Multnomah County or the United States District Court for the District of Oregon.
If either party seeks enforcement of any term or provision of this Agreement, the party that prevails in the enforcement action may recover all costs, including attorney fees, reasonably incurred therein, including attorney fees and other costs on appeal.
This Agreement contains the entire understanding and agreement of the parties with respect to the matters contained herein and is intended to fully integrate the parties' agreement. No prior negotiations, discussions, understandings or agreements which are not set forth in this Agreement will be binding upon or enforceable against the parties.