| PLEASE READ THIS DOCUMENT
CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT
YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS
AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT
CONTAINS A DISPUTE RESOLUTION CLAUSE.
These terms and conditions ("Agreement") apply
to your purchase of products and/or services and support
sold in the United States ("Product") by the
Hawk entity named on the invoice or acknowledgement ("Hawk")
provided to you. By accepting delivery of the Product,
you accept and are bound to the terms and conditions
of this Agreement. If you do not wish to be bound by
this Agreement, you must notify Hawk immediately and
return your purchase pursuant to Hawk's
Return Policy . (See our contact information.) If
returned, Product(s) must remain in the boxes in which
they were shipped.
Payment Terms; Orders; Quotes;
Interest. Payment
terms are within Hawk's sole discretion, and, unless
otherwise agreed to by Hawk, payment must be made at
the time of purchase. Payment for Product may be made
by credit card, wire transfer, or some other prearranged
payment method. Hawk may invoice parts of an order separately.
Your order is subject to cancellation by Hawk, at Hawk's
sole discretion. Hawk is not responsible for pricing,
typographical, or other errors, in any offer by Hawk
and reserves the right to cancel any orders resulting
from such errors.
Shipping Charges; Taxes; Title;
Risk of Loss. Shipping
and handling are additional unless otherwise expressly
indicated at the time of sale. Loss or damage that occurs
during shipping by a carrier selected by Hawk is Hawk's
responsibility. Loss or damage that occurs during shipping
by a carrier selected by you is your responsibility.
You must notify Hawk within 21 days of the date of your
invoice or acknowledgement if you believe any part of
your purchase is missing, wrong or damaged. Unless you
provide Hawk with a valid and correct tax exemption certificate
applicable to your purchase of Product and the Product
ship-to location, you are responsible for sales and other
taxes associated with the order. Shipping dates are estimates
only.
Return Policies; Exchanges You
must contact us directly before you attempt to return
Product to obtain a Return Material Authorization Number
for you to include with your return. You must return
Product to us in their original or equivalent packaging.
You are responsible for risk of loss, shipping and
handling fees for returning or exchanging Product.
Additional fees may apply. If you fail to follow the
return or exchange instructions and policies provided
by Hawk, Hawk is not responsible whatsoever for Product
that is lost, damaged, modified or otherwise processed
for disposal or resale. At Hawk's discretion, credit
for partial returns may be less than invoice or individual
component prices due to bundled or promotional pricing.
Changed or Discontinued Product. Hawk's policy
is one of ongoing update and revision. Hawk may revise
and discontinue Product at any time without notice to
you and this may affect information saved in your online "cart." Hawk
will ship Product that have the functionality and performance
of the Product ordered, but changes between what is shipped
and what is described in a specification sheet or catalog
are possible. Parts used in repairing or servicing Product
may be new, equivalent-to-new, or reconditioned.
Service and Support. Service
offerings may vary from Product to Product. If you
purchase optional services and support from Hawk, Hawk
and/or your third-party service provider will provide
such service and support to you in the United States
in accordance with the terms and conditions located
at http://www.hawkintl.com or
as mailed to you. You may contact Hawk for more information,
see http://www.hawkintl.com for
contact information. Hawk and/or the third-party service
provider may at their discretion, revise their general
and optional service and support programs and the terms
and conditions that govern them without prior notice
to you. Hawk has no obligation to provide service or
support until Hawk has received full payment for the
Product or service/support contract you purchased. Hawk
is not obligated to provide service or support you purchase
through a third party and not Hawk.
Limitation of Liability. HAWK
DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH
HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY
FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS,
LOSS OF BUSINESS, OR THE PROVISION OF SERVICES AND
SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, HAWK
WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL,
INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED
TO THE PURCHASE OF PRODUCT, HAWK IS NOT LIABLE OR RESPONSIBLE
FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED
FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING
IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET
FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES
FAIL THEIR ESSENTIAL PURPOSE.
Applicable Law; Not For Resale or Export. You agree
to comply with all applicable laws and regulations of the
various states and of the United States. You agree and
represent that you are buying only for your own internal
use only, and not for resale or export |