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TERMS AND CONDITIONS OF USE
Sigmund Cohn Corp. thanks you for choosing our company for all of your
fabricated metal needs. Please read these terms and conditions carefully. By
accessing this Website (the "Site") you acknowledge and agree to all the terms
and conditions (the "Terms and Conditions") set forth herein. [Back to Top]
Product Information:
Sigmund Cohn Corp. ("Sigmund Cohn") manufactures a variety of metal and wire
products, including Pyrofuze® and Medwire® Division products, both of which
are affiliates of Sigmund Cohn. Sigmund Cohn has over the years distributed
brochures and other materials regarding these products. In order to provide a
consistent and dependable warranty policy, the information on our Site,
including these Terms and Conditions, supercedes all other representations or
warranties otherwise set forth in any other materials, unless otherwise
specifically agreed to in a writing signed by a representative from Sigmund
Cohn.
Product Warranty:
Sigmund Cohn warrants for a period of 90 days from the date of delivery that
any product purchased by you from Sigmund Cohn will comply with the particular
specifications agreed to in writing by Sigmund Cohn and you at the time of
your order. To the extent requested, Sigmund Cohn will provide you with
written testing documentation, or other certifications, confirming that the
products ordered conform to the agreed upon specifications. There may be an
additional charge to you for certain certifications. These website terms and
conditions do not constitute a warranty of any nature.
You are solely responsible for making an independent assessment as to whether
the products ordered by you will meet your specific needs, even if you have
discussed these needs in detail with Sigmund Cohn.
SIGMUND COHN’S SOLE OBLIGATION IS TO MANUFACTURE PRODUCTS IN ACCORDANCE WITH
CERTAIN SPECIFICATIONS. SIGMUND COHN MAKES NO OTHER REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR SIGMUND COHN DOES NOT WARRANT
THAT PRODUCTS, EVEN IF MANUFACTURED TO YOUR SPECIFICATIONS, WILL MEET YOUR
NEEDS AND NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED TO YOU
BY SIGMUND COHN SHALL CREATE ANY WARRANTY OR REPRESENTATION TO THE CONTRARY.
Product Returns:
You may return products that are defective or otherwise manufactured not in
accordance with the agreed upon specifications within ninety (90) days of
delivery of the defective or non-conforming materials. In the event of a such
a defect or non-conformity, we shall, at our option, either replace or correct
the defective materials or accept their return for a credit or refund. Prior
to returning defective or non-conforming materials, you must first contact our
products quality manager and obtain a return material authorization (RMA)
number. [Back to Top]
Website Information – NO Warranty:
The information on the Sigmund Cohn website is provided for informational
purposes only. You should contact a Sigmund Cohn representative prior to
making any purchase. In this regard, you agree that Sigmund Cohn does not
guarantee the accuracy or completeness of any information provided in
connection with this website (or that information, if inaccurate, will be
corrected). Sigmund Cohn is not responsible for any errors or omissions or
for the results obtained from the use of such information.
THIS INFORMATION IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT
ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS
FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Restrictions on Use:
You agree not to distribute, modify, transmit, reuse, repost, or otherwise use
the content of this Site except in connection with your bona fide purchase of
products from Sigmund Cohn. You agree not to use any information or materials
on this Site for any illegal purpose or in a matter not specifically
authorized by these Terms and Conditions. [Back to Top]
Limitation of Liability – No Consequential Damages:
IN NO EVENT SHALL SIGMUND COHN, ITS SUPPLIERS OR ITS OR THEIR OFFICERS,
DIRECTORS OR EMPLOYEES, BE LIABLE TO ANY ENTITY OR INDIVIDUAL FOR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT
LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR
PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, COST TO PROCURE
REPLACEMENT OR SUBSTITUTE GOODS), WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR
UNFORESEEN, THAT ARE RELATED TO (i) THE USE OF ANY SIGMUND COHN PRODUCTS, or
(ii) THE USE OR INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS OF THIS
WEBSITE OR ANY LINKED WEBSITE, EVEN IF SIGMUND COHN CORP. IS EXPRESSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.. [Tom – is this your policy re: products?]
Limitation of Liability – No Direct Damages
ADDITIONALLY, SIGMUND COHN, ITS SUPPLIERS OR ITS OR THEIR OFFICERS, DIRECTORS
OR EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES RESULTING FROM THE
USE OR INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS OF THIS WEBSITE
OR ANY LINKED WEBSITE, EVEN IF SIGMUND COHN CORP. IS EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Indemnity:
You agree, as a condition of use and at your own expense, to indemnify Sigmund
Cohn against any and all liabilities, judgments, damages or expenses
(including reasonable outside attorneys’ fees) arising out of third party
claims resulting from your use of this Site or breach or claimed breach of
these Terms and Conditions. [Back to Top]
Privacy Policy:
Sigmund Cohn Corp. recognizes the importance of protecting your privacy. The
Sigmund Cohn Site does not collect personal information about you (except for
the information you voluntarily provide, e.g., information submitted by you
when placing an order). Sigmund Cohn treats the personal information that you
provide confidentially. The following information is personal information:
your name, address, phone number, date of birth, credit card information and
your e-mail address. Sigmund Cohn will not rent or sell any of this personal
information to any third party without your permission or except as may be
required by law (or in connection with disclosures to law enforcement
agencies).
However, Sigmund Cohn may collect broad demographic information, such as the
number of user hits on the website, or the general geographic concentration of
its users. This information is aggregated to measure the number of visits,
average time spent on this site, pages viewed, etc. [Back to Top]
Errors and Delays:
Sigmund Cohn Corp. is not responsible for any errors or delays in responding
to an electronically-submitted application form. Such errors or delays may
result from incorrect e-mail addresses or other technical problems. We invite
you to call us directly if you have any concerns or unanswered questions about
your order. [Back to Top]
Third Party Links:
Sigmund Cohn may provide links on the Site to other websites and
information, whether via hyperlink, streaming, advertising or
otherwise. Such websites and the information thereon are created,
published, maintained or otherwise posted by entities or persons
independent of Sigmund Cohn. Sigmund Cohn does not review, verify,
control, or guaranty the accuracy or completeness or otherwise endorse
any third party information available through the Site. Sigmund Cohn
makes no representations as to the quality, suitability, functionality
or legality of any sites to which we may provide links and you hereby
waive any claim you might have against Sigmund Cohn with respect to
your use of any third party website (or goods and services therefrom).
You are responsible for complying with the policies and procedures of
any third party website. [Back to Top]
Copyright and Trademark
©1999 Sigmund Cohn Corp. All rights reserved.
Sigmund Cohn owns the rights to the contents on the Site, including the
copyright, and to the trademark "Sigmund Cohn, " Pyrofuze® and Medwire®.
Other trademarks are the property of the respective trademark’s owner.
Neither these Terms and Conditions (or any other contents on the Site) or the
use of the Site constitutes a grant, by implication, estoppel or otherwise, of
any license or right to use any trademark or content displayed on the Site.
Unauthorized use of any trademark or content on this Site is strictly
prohibited. [Back to Top]
Revisions:
Sigmund Cohn Corp. reserves the right to revise these Terms and Conditions at
any time and for any reason and reserves the right to make changes at any time
without notice or obligation to any of the information contained on this
Website. Revisions shall be deemed effective upon the earlier of (i) if
Sigmund Cohn notifies its users of the changes, the date you receive such
notice, or (ii) 10 days after having been posted to this Site. Upon accessing
this Site you agree to be bound by such revisions. We suggest periodically
visting this section of the Site to review these terms and conditions.
Governing Law; Entire Agreement:
These Terms and Conditions are governed by New York law without regard to New
York’s choice of law rules. New York courts shall have sole jurisdiction and
venue to resolve any disputes hereunder. You and Sigmund Cohn Corp. each
irrevocably consent to such jurisdiction and venue and waive your/its
respective rights to a jury trial. These Terms and Conditions constitute the
entire agreement between you and Sigmund Cohn Corp. relating to the use of the
Site and supersede all prior understandings or agreements, verbal or written,
with respect thereto. [Back to Top]
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