Due to ongoing technical innovations and changes of the relevant legal framework the following Terms of Use need to be changed and/or amended by us from time to time. We, therefore, ask the user to review these Terms of Use before each visit to this website and to consider any changes and/or amendments.
Introduction
This website is brought to you by Hernon Manufacturing Inc., 121 Tech Drive, Sanford, Florida, USA. The information available on this website about Hernon Manufacturing Inc. (hereinafter referred to as "Hernon"), affiliated companies of Hernon, and third parties is designed to convey accurate and reliable information. However, we are unable to guarantee the completeness and correctness of the information. Hernon does not assume any liability for any mistakes in the contents of this website. Forward-looking statements made on this website have been given according to the best of our knowledge and belief. However, the ultimate reality may differ greatly from these forward-looking statements, because they depend on a whole group of factors of a competitive and macroeconomic nature that are in some cases beyond the control of Hernon. Without prejudice to any legal obligations to amend forward-looking statements, Hernon has no intention of constantly updating all forward-looking statements contained in this website.
General Terms of Use of the Website
1. Copyright Law
The pages of our site (contents, structure) are protected by copyright. Any reproductions, adaptations, translations, storage, and processing in other media, including storage or processing by electronic means, enjoy copyright protection. Any exploitation in whole or in part thereof shall require the prior written consent of Hernon Manufacturing Inc. Any reproduction of information or data, in particular the use of texts or parts thereof or image materials (except for Hernon press photos) or any other exploitation or dissemination, requires Hernon’s prior written consent. The rights of dissemination and reproduction are held by Hernon.
Hernon press photos and videos may be used for editorial purposes only. Hernon press photos that are reproduced and/or electronically modified for editorial purposes must bear the copyright notice "© [Year] Hernon Manufacturing Inc. All rights reserved". Reprinting is free of charge; however, we request a copy for our files.
© 2022 Hernon Manufacturing Inc., Sanford, FL. USA. All rights reserved
2. Trademarks
The Hernon logo and all product names and/or product shapes and designs on these pages are registered trademarks of Hernon Manufacturing Inc., its subsidiaries, affiliates, or licensors. Any unauthorized use or abuse of these trademarks is expressly prohibited and constitutes a violation of trademark law, copyright law, other intellectual property rights or unfair competition law.
3. Disclaimer for Third Party Websites
a. The pages of this website contain links (i.e. "hyperlinks") to other websites that are operated by third parties and whose contents are not known to Hernon. Hernon merely facilitates access to such websites and assumes no responsibility whatsoever for their contents. Our links to third-party websites are merely intended to make navigating easier for you. Statements shown on linked pages are not made our own. We explicitly dissociate from any and all contents of any and all third-party pages linked on the pages of our website. We do not assume any liability for any breaches of statutory provisions or infringements of third-party rights that occur on such pages.
b. For websites to which hyperlinks are provided from the Hernon website, the owners of these websites are solely responsible for the content of these pages as well as for any sale of the products offered thereon and for the handling of any orders relating to the same.
c. Hernon does not assume any liability for any infringement of any copyrights, trademarks or other intellectual property or personality rights that occurs on a page accessed by a hyperlink.
d. In the event of an order or any other legal declaration in respect of a transaction, a contract is made solely between the user and the owner of the respective website or offering party or person presented therein, under no circumstances, however, between Hernon and the user. Please note the general business conditions of the respective supplier on the hyperlinked website.
e. This disclaimer is valid for all links displayed on the Hernon.com website and for any contents of websites to which the user is directed via such links.
4. General Disclaimer
Any liability of Hernon for damages arising out of the use of this website – irrespective of the legal cause, including tort – is limited to damages that are caused by intent or gross negligence. To the extent that there be a mandatory liability of Hernon because of a breach of material contractual duties, the total amount of any claim for damages is limited to the foreseeable damages. This shall not affect Hernon's liability under applicable Product Liability law or under any warranties given. The aforesaid limitations of liability also do not apply in the event of harm to life, bodily injury, or harm to the health of a person.
Hernon Manufacturing Inc. employs great efforts to keep Hernon websites free from viruses, however, we are unable to guarantee any absence of viruses. For this reason, we recommend that care be taken to assure adequate protection against viruses (e.g., using virus scanners) before downloading documents and data.
Hernon does not warrant any freedom from faults or errors of the services offered on the Hernon website nor their availability.
5. Forecasts and Declarations of Intent
Forward-looking statements on this Internet site have been made according to the best of our knowledge and belief. However, the results achieved by Hernon may differ greatly from these forward-looking statements, because they depend on a whole group of factors of a competitive and macroeconomic nature that are in some cases beyond the control of Hernon. Without prejudice to any legal obligations to amend forward-looking statements, Hernon has no intention of constantly updating all forward-looking statements contained in this website.
6. Hernon Products
The brands/products shown on this Internet website are examples of the brands/products available from companies of Hernon worldwide. Hernon does not warrant that a brand/product shown is also available in your country.
7. Miscellaneous
These General Terms of Use are governed by and construed in accordance with the laws of the United States of America without regard to the UN Convention on Contracts for the International Sale of Goods the application of which Convention to these General Terms of Use is hereby expressly excluded. To the extent permitted by applicable law, the legal venue for all disputes relating to this website lies in Orlando, Florida, USA. Should any provision of these General Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions.
General Terms and Conditions of Sale (2.10.23)
1. Entire Agreement
The following terms and conditions, along with any terms and conditions on the face of Hernon Manufacturing, Inc. invoice(s) to Buyer covering the goods specified and any current, separate, and unique Purchase/Distributor Agreement between Hernon Manufacturing, Inc., as seller, and Buyer covering the same goods represents the entire agreement between Hernon Manufacturing, Inc. and Buyer with respect to the goods, and may not be modified except by a new written agreement signed by both parties. In the event of a conflict between the terms and conditions of these documents, those terms and conditions contained on the face of the invoice shall take precedence over those contained in the Purchase/Distributor Agreement and this document, and those terms and conditions contained in the Purchase/Distributor Agreement shall take precedence over those contained in this document. If any of these terms and conditions are not acceptable to the Buyer, Hernon Manufacturing, Inc. must be notified promptly in writing.
2. General Warranty of Seller
All statements, technical information, and recommendations are based on tests Hernon Manufacturing, Inc. believes to be reliable, and thus useful as a guide, but the accuracy or completeness thereof is not guaranteed, and the following is made in lieu of all warranties, expressed or implied.
In light of the foregoing, Hernon Manufacturing, Inc. specifically disclaims all warranties of merchantability or fitness for a particular purpose arising from the sale or use of Hernon Manufacturing, Inc. products. Seller’s, such as from Hernon Manufacturing Inc. direct sales or from distributors or representatives, and manufacturer’s only obligation shall be to replace such quantity of the product proved to be defective. Neither Seller nor manufacturer shall be liable for any injury, loss, or damage, direct or consequential, arising out of the use of or the inability to use the product. Before using, the prospective user shall determine the suitability of the product for his intended use, and the user assumes all risk and liability whatsoever in connection therewith.
Hernon Manufacturing, Inc. warrants that products will be free from defects in material and workmanship under normal use, service, and conditions as specified in the TDS for a period specified on the labeling of the product or in the TDS.
Except as expressly provided in this agreement or the related agreements, neither party makes any other representation or warranty, express or implied, either in fact or by operation of law, statute, or otherwise, and each party specifically disclaims any and all implied or statutory warranties including warranties of merchantability, of fitness for a particular purpose and non-infringement.
3. Return Policy
No merchandise is to be returned without first obtaining a Return Goods Authorization (RGA) from Hernon Manufacturing, Inc. Please advise of invoice number, invoice date, the item number(s), batch number(s), and reason for your desire to return. Any authorized goods must be carefully packed. and in saleable condition A 15% restocking charge on all returned products will apply when an error is not the result of Hernon Manufacturing, Inc. A credit memo will be issued for qualifying returned goods.
Some items may not be subject to return including but not limited to custom orders, discontinued items, and large quantity orders.
4. Minimum Order
The minimum order is $200. Orders less than $200 will be charged a $50 handling fee.
5. Shipping/Delivery
Terms F.O.B. Shipping point. Title and risk of loss pass to the Buyer upon delivery to and receipt of the carrier. If goods are damaged or lost in transit, the Buyer must file a claim with the carrier. Unless otherwise requested by the Buyer, goods will be shipped via carriers of our choice with shipping, insurance, and handling charges prepaid and added to the invoice.
6. Claim Period
Claims relating to non-conforming products shall be made within thirty (30) days after discovery thereof. All other claims shall be made within thirty (30) days after receipt of the product to which the claim relates. Buyer’s failure to give Seller written notice of any claim within the applicable time period shall constitute an absolute and unconditional waiver of such claim.
7. Limitation of Liability
Any liability for consequential and incidental damages is expressly disclaimed. Hernon Manufacturing, Inc.'s liability in all events is limited to and shall not exceed the purchase price paid.
8. Severability
The invalidity of any provision of this agreement will not affect the validity of the remaining provisions, and this agreement will be construed as if the invalid provision had been omitted.
9. Indemnification
Seller shall not be responsible for any losses or damage sustained by the buyer or any other person as a result of improper installation or misapplication of the products. Buyer shall defend, indemnify and hold harmless Seller and its agents and employees against any loss, damage, claim, suit, liability, judgment, or expense (including, without limitation, attorney’s fees) arising out of or in connection with any injury, disease or death of persons (including, without limitation, Buyer’s employees and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, installation, use, or repair of products by Buyer or of the information, designs, services or other work supplied to Buyer, whether caused by the concurrent and/or contributory negligence of Buyer, Seller, or any of their agents, employees or suppliers. The obligations, indemnities, and covenants contained in this paragraph shall survive the consummation or termination of this transaction.
10. Fair Labor Standards Act
Hernon Manufacturing, Inc. hereby certifies that the goods supplied to the buyer under this agreement were produced in compliance with the requirements of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor issued under that act.
11. Governing Law
This agreement shall be governed by and construed in accordance with the State of Florida.
