Indcon reserves the right to update or modify these Terms periodically without notice to you. By using the Site, you agree to the most current version of these Terms. It is your responsibility to review the Terms for changes, and you agree to do so periodically.
License; Permitted Use. Indcon grants you a limited, revocable, nontransferable license to use the Site for the purpose of purchasing products, obtaining product information, obtaining information about Indcon, and reviewing products. Your access to and use of the Site is strictly limited to legitimate business purposes. The Site is for use by adults only and the products available on or through the Site are intended for industrial use only.
Prohibited Uses. Any use other than the permitted uses described above is prohibited. This includes, without limitation, promoting or advertising any other business, monitoring or copying any information on the Site, attempts to access the host server or otherwise interfere with operation of the Site, introduction of any virus or other harmful computer code, attempts to gain access to customer information, or any other use that is harmful to this Site or its users.
General Terms and Conditions Apply. You accept and acknowledge that Indcon’s General Terms and Conditions, available here, apply to all sales made through the Site without exception or modification.
Disclaimer. While Indcon strives to keep all information on the Site up to date, we cannot guarantee the accuracy of the information contained on the Site. All information on the site is provided for informational purposes only, and you agree not to rely on any Site content without independently verifying its accuracy. Indcon does not certify or endorse any comment, rating, question, or other submission made by a user to the Site.
Recommended Products. Recommended products or “other products” suggested or otherwise recommended by Indcon are not guaranteed to be functional equivalents. You agree to make all necessary assessments of the functionality of any product you purchase, independently of any such recommendation by Indcon. You acknowledge that any recommendation or suggestion by Indcon is for informational purposes only and that you will not rely on it in determining a product’s functionality or usefulness for a particular purpose.
User Submitted Content. There may be opportunities on the Site for you to post reviews and comments, or otherwise to share information on the Site. You agree not to submit any content that: (i) contains advertisements or vulgar, offensive, or illegal content, (ii) describes or shows illegal acts, (iii) violates the rights of a third party, (iv) is unrelated to the Site or products listed on the Site, or (v) contains a virus, worm, or other harmful computer code. You agree to accept full responsibility should your submission include or constitute any of the foregoing. Indcon has the absolute right to remove any content for violating these Terms, without notice and without any liability to you.
You own the intellectual property of any content you submit to the Site through reviews, comments, or other feedback. However, by submitting such content to the Site or directly to us, you grant Indcon a perpetual, unlimited, irrevocable, worldwide, nonexclusive, royalty-free license to use, copy, publish, reproduce, and modify the content and to create derivative works based on the content for any purpose. This includes, without limitation, any photos, reviews, or comments you submit to or post on the Site, and the right to use the user name associated with any such submission. No submissions to the Site will be considered confidential.
Account. You may have the ability to create an account on the Site containing certain details of your person or organization. You understand that you have no ownership rights in any such accounts, and that Indcon may suspend, modify, or delete any such accounts at any time and for any reason without notice, and without any liability to you. Your identity and password will be considered confidential. You are responsible for safeguarding this information and access to your account. While Indcon strives to use reasonable measures to safeguard your account information, no method of storing or transferring information over the internet is totally secure, and Indcon cannot guarantee the absolute security of any account information from corruption, theft, or unauthorized access.
Changes. Indcon has the right to change, delete, or modify any part of the Site at any time and for any reason, without notice, and without any liability to you.
Interruptions in Service. Due to the complicated nature of the Site, there may be interruptions in service from time to time, or we may suspend or end service of all or part of the Site without notice to you. Indcon shall not be liable for any damages, inconveniences or costs caused by any such interruptions or suspensions of service, whether or not Indcon has prior notice of the potential for any such damage, inconvenience or cost.
Intellectual Property. Except for user submitted content, as described above, all of the content on the Site is the property of Indcon, our suppliers or our licensors. You agree not to print, copy, duplicate, transmit, distribute or otherwise use any such content found on the Site, other than for the informational purposes intended by the owner of such content. The trademarks used on the Site are the property of Indcon or our suppliers. You agree not to copy or otherwise use any such trademark without the express permission of the trademark owner.
Third Party Links. The Site and comments on the Site made by users may contain links to third party websites or applications. Indcon has no control over third party websites or applications and makes no guarantees as to the quality or safety of any such websites or applications. If you choose to follow any such links or visit or use a third party website or application, you do so at your own risk.
Indemnification. You agree to defend and indemnify Indcon from any and all claims, liabilities, losses or costs, including attorneys’ fees, against or incurred by Indcon arising out of your use of the Site, your violation of these Terms, your submission of any content to the Site, or Indcon’s subsequent use of any content you submitted to the Site.
Limitation of Liability. in no event shall indcon be liable for any damages of any kind resulting from, arising out of, or connected to your inability to access the site, your use of the site, your use of any linked or connected sites, or your use of any information on the site, even if indcon is advised in advance of the possibility of such damages. This includes, but is not limited to, any damage resulting from a virus or other harmful computer code transmitted through the site or any website linked on or to the site. This limitation is in addition to any limitation of damages includED in indcon’s general terms and conditions.
Choice of Law and Forum. Any dispute arising under or related to these Terms must be governed by the laws of the state of South Carolina and must be brought in the appropriate state or federal courts located in South Carolina. All parties to these Terms submit themselves to the jurisdiction of such courts.
Domestic Use Only. The Site is intended for use in the United States only. Any use outside of the United States is prohibited.
Waiver. The failure of Indcon to assert a right or enforce a provision of these Terms shall not be construed as a waiver of such provision.
Severability. If any provision of these Terms should be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, then such court shall, to the extent possible, interpret the application of that provision in such a way that it is enforceable, and if no such interpretation is possible, shall strike that provision without affecting the remainder of these Terms.
Entire Agreement. These Terms, together with Indcon’s General Terms and Conditions and Privacy Agreement, constitute the entire agreement between you and Indcon with respect to Site and your use thereof.
By using or visiting our Website, or accessing any content or materials made available through our Website, you agree to the terms of this policy, including the collection, use, and disclosure of information in accordance with this policy.
What do we collect?
We collect information you provide directly to us, such as account and billing information, or any other information you send to us.
What do we do with your information?
We use the information you provide to us for contact and billing purposes. We may also use this information to provide you with additional offers and information on products that may be relevant to you.
We use the information we collect automatically to gather aggregated user statistics, to enhance our Website and services, and to provide additional product recommendations to you.
Who may we share information with?
We may share information with third party service providers as required for the third party to perform their designated service, such as payment processors, delivery services, and technical service providers. We may also share information with credit agencies, as authorized by law, to report missed or late payments.
We may share information as required by law, at the request of law enforcement, in legal proceedings, or as we believe necessary to protect our rights or the rights of others.
Additionally, we reserve the right to disclose information as part of a merger or as part of the sale of all or part of our business or our assets.
How can you view or edit your personal information?
You can review any of the information contained in your account, and you can edit this information at any time.
Third Party Links.
Our Website may contain links to third party websites or pages in the form of advertisements or otherwise. We do not control any third party sites and have no knowledge of or control over their data collection and use practices. You understand that you visit third party websites or pages at your own risk.
Adult Use Only.
This website and the other services provided by Indcon are intended for adults only. In no circumstances will Indcon accept any personal information of a child under the age of 13, and you agree not to submit any such information.
The security of your personally identifiable information is important to us, but no method of transmission over the internet or electronic storage is totally secure. While we strive to use reasonable measures to protect your personally identifiable information, we cannot guarantee its absolute security.
We reserve the right to change and update this policy at any time, and you should review this policy periodically. Your continued use of this Website after modifications to this policy are posted will constitute your acknowledgement and consent of the policy as modified.
If you have any questions about this policy, please contact [email protected]
The following terms and conditions (“Terms”) shall apply to all transactions between Purchaser and Indcon, whether or not such transaction is verbal or evidenced in writing. All offers by Indcon are expressly limited to acceptance of these Terms. All references to days herein refer to calendar days unless specified otherwise:
Shipping and Handling: Unless specifically accepted by Indcon in writing, Purchaser is responsible for all shipping and handling costs. Indcon may fulfill orders in multiple deliveries. All shipments are FOB place of shipment. Defective or nonconforming product must be properly rejected by providing written notice to Indcon within 3 days of delivery.
15 Day Return Policy: Product may be returned for credit only and must be returned within 15 days of delivery. All returns must be authorized by Indcon and are subject to inspection and a 15% restocking fee. Shipping and handling fees are non-refundable. Purchaser is responsible for arranging and paying return freight. No product is considered returned until inspected and accepted by Indcon. Sales of used equipment, “special order,” and otherwise specially made items are final
EXCEPT AS EXPRESSLY PROVIDED, INDCON MAKES NO WARRANTIES AS TO THE QUALITY OF ANY PRODUCT OR OUTCOME OF ANY APPLICATION. INDCON EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF WORKMANSHIP, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USED EQUIPMENT IS SOLD AS-IS AND WITHOUT WARRANTY OF ANY KIND. Indcon will pass through any manufacturer warranty to the extent possible. Information on manufacturer warranties is available upon request.
Limitation of Remedy: In the event of a damaged or defective product, or any other breach of contract by Indcon, Purchaser’s sole and exclusive remedy from Indcon is either replacement of the product or a refund of its purchase price. The purpose of this remedy is to provide Purchaser with conforming goods or, in the alternative, a refund. In no event shall Indcon be liable for indirect, incidental, consequential, or punitive damages.
Technical Support: Indcon representatives often provide technical support at the request of customers. Any such advice or guidance given by Indcon representatives is purely informational and is based on the past experiences of Indcon representatives and information provided by the product manufacturer. Every product application is different and Indcon cannot guarantee or warrant the outcome of any application. Indcon is not a contractor, and Indcon representatives do not perform product installation. When on site, Indcon representatives are present solely to give advice. Indcon does not guarantee the effectiveness of any installer. All advice given by Indcon is subject to the information, specifications, and instructions provided by the product manufacturer and any variance should be resolved in favor of the information provided by the manufacturer. Purchaser agrees not to rely on any technical support provided by Indcon personnel as professional advice. If professional advice is sought, Purchaser agrees to consult a licensed engineer or other qualified professional.
Payment: Payment is due within 30 days of invoice, unless otherwise expressly agreed by Indcon in writing. Payment shall be made in full. No credit or deduction may be taken on any amount owed due to early payment, unless otherwise agreed to in writing by Indcon. Late payments are subject to finance charges of 1.5% per month (18% annually), or, if less, the maximum percentage allowed by law. Purchaser agrees to pay all collection costs incurred to collect late payments. Indcon may set and revise credit limits in its discretion and may freeze credit accounts due to late payment.
Quotes: Unless otherwise stated in writing by Indcon, all product quotes expire 30 days after issuance. ALL quoted freight charges are estimates only and are subject to change based on time, availability, and freight rates.
COMPLIANCE WITH LAWS: Purchaser agrees to comply with all applicable laws in its use and storage of items and equipment obtained from Indcon, including all applicable environmental laws
Indemnity: Purchaser shall indemnify and hold Indcon harmless from any losses, costs, damages, liabilities, claims, fines, judgements, penalties, proceedings, or actions of any kind (including those related to injury to person) resulting from or related to any negligence, misconduct, violation of law, or violation of these Terms by Purchaser or its agents.
Delay: Except for payment obligations, neither party will be deemed to have breached this contract as a result of delays in performance resulting from unforeseeable occurrences that are beyond the reasonable control of, and without the fault of, the party seeking excuse hereunder; provided such party promptly notifies the other party in writing of the delay and takes all reasonable steps to mitigate its effect.
Cancellation Or Default: : In the event of a breach or default by Purchaser, Indcon may immediately terminate this agreement and pursue all available remedies whether in contract, law, equity, or otherwise.
Modification: No modification of this agreement may be made except in a writing signed by both parties. Sales and customer service representatives are not authorized to modify these Terms.
No Waiver: No failure to take action regarding a breach or default hereunder shall constitute a waiver, whether prior or subsequent, of the breached term or any other term, and no waiver of a single breach shall constitute a continuing waiver.
Attorney Fees: Indcon is entitled to recover reasonably attorneys’ fees in any action to collect amounts due hereunder.
Severability: If any portion of these Terms is held by a court of competent jurisdiction to be unenforceable, such portion shall be struck without affecting the remainder of these Terms.
Governing Law And Choice Of Forum: Any agreement made under or related to these Terms shall be governed by and construed in conformance with the substantive laws of the state of South Carolina. Any dispute arising under or relating to these Terms, shall be brought exclusively in state or federal courts serving Greenville, South Carolina. The parties consent to the personal jurisdiction of such courts.
Complete Agreement: : These Terms, in addition to any terms contained on an Indcon quote, invoice, or statement, all of which are incorporated herein by reference (to the extent they do not conflict with these Terms), constitute the entire understanding between Indcon and Purchaser. No differing terms contained in any documentation send to Indcon from Purchaser may alter these Terms.