Please read this agreement carefully before accessing this web site. By accessing the site, or by placing an order through any means, you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not access or use this site or place an order through any means.
THE INFORMATION ON THIS PAGE IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU MUST REVISIT THIS PAGE OFTEN TO LEARN OF CHANGES.
All the content on this site is the property of HB Sealing Products Canada Inc. All rights reserved. Website Usage Restrictions.
You may download and/or copy portions of the content for personal, non-commercial use only, provided that you a) retain all copyright, trademark or other proprietary notices contained on the content, b) do not modify or alter the content in any way and c) do not make content available to any third party. Hercules Sealing Products reserves complete title and full intellectual property rights in any content that you download from this Website.
You agree to use this Website only for lawful purposes. The following are included, but not limited to, in strictly prohibited actions: i) misrepresenting the identity of a user; ii) tampering in any way with this Website; and iii) conducting any type of fraudulent activity.
Backorders will ship as ordered and additional freight charges may apply. Cancellation of backorders must be requested at the time of order to prevent additional freight charges. Backorders are generally shipped within 3 – 5 business days. Hercules will make every effort to reduce your freight costs by consolidating low $ value backorders with your next order within a reasonable timeframe.
Our payment terms for all open accounts are NET 30 days. Accounts outstanding over 30 days are reviewed daily. All accounts that reach 30 days past due (60 days from invoice date) will be automatically changed to a COD account until the past due amounts are paid. At 45 days past due (75 days from invoice date) all orders and backorders will automatically be put on credit hold until full payment is received.
Before you return any item, please call our customer service desk to obtain a Return Material Authorization (RMA) Number. Returned shipments without a Returned Material Authorization (RMA) number will be rejected. Our Receiving Department cannot accept a return without an RMA Number. Parts must be returned within 30 days of receipt of goods. Returned items are subject to a 20% restocking charge. All returns are subject to inspection by our Quality Control Department and may be rejected if not in resalable condition. Special order items are non-returnable.
Orders for Standard Cataloged Products will not be canceled once processed. All custom supplied, non-cataloged products can not be canceled. Additional cancellation charges may apply.
EXCULSION OF WARRANTIES; LIMITATIONS OF DAMAGES
EXCEPT AS PROVIDED IN THE NEXT SECTION (TITLED HERCULES BRAND PRODUCTS CYLINDER WARRANTY”) ANY WARRANTIES ON THE PRODUCTS SOLD BY H B SEALING PRODUCTS ARE THOSE MADE BY THE MANUFACTURER. EXCEPT AS PROVIDED IN THE “HERCULES BRAND PRODUCTS CYLINDER WARRANTY”, H B SEALING PRODUCTS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. H B SEALING PRODUCTS NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF ITS PRODUCTS.
IN NO EVENT SHALL H.B. SEALING PRODUCTS BE LIABLE TO BUYER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING (WITHOUT LIMITATION) LOST PROFITS, COSTS OF DELAY, PERSONAL INJURY, PROPERTY DAMAGE OR LIABILITIES TO BUYER OR THIRD PARTIES ARISING FROM ANY SOURCE. THIS LIMITATION ON DAMAGES SHALL APPLY TO ALL PRODUCTS SOLD BY H B SEALING PRODUCTS, INCLUDING HERCULES BRAND PRODUCTS CYLINDERS. IN THE EVENT, THAT, NOTWITHSTANDING THE TERMS OF THIS SECTION, H.B. SEALING PRODUCTS IS FOUND LIABLE FOR DAMAGES BASED ON ANY DEFECT OR NONCONFORMITY IN PRODUCTS SOLD BY IT, INCLUDING HERCULES BRAND PRODUCTS CYLINDERS, ITS TOTAL LIABILITY FOR EACH DEFECTIVE OR NONCONFORMING PRODUCT SHALL NOT EXCEED THE PRICE PAID BY BUYER FOR SUCH DEFECTIVE PRODUCT.
HERCULES® BRAND PRODUCTS CYLINDER WARRANTY
H B Sealing Products herein supplies a limited express warranty to its buyers who purchase standard or custom Hercules Brand Products Cylinders ("Cylinders"). H B Sealing Products warrants that such Cylinders are free from defects in material and workmanship for a period of 12 months from the date the Cylinders are shipped from H B Sealing Products’ facility. H B Sealing Products will repair or replace, at its sole option, Cylinders that are found to be defective in material or workmanship upon inspection by H B Sealing Products personnel when the Cylinders have been used under conditions for which the Cylinders were designed to operate. No warranty will be in effect for any of the following reasons:
- Chemical attack, corrosion or erosion;
- Non-compatible or dirty hydraulic fluid;
- Seal degradation due to contamination (including hydraulic fluids), excessive heat or misapplication;
- Excessive side loading;
- Maintenance or disassembly of the cylinder if performed by anyone other than H B Sealing Products personnel without H B Sealing Products’ permission, prior to the date of warranty expiration;
- Removal of the H B Sealing Products ID tag indicating bore, stroke, and other information concerning traceability;
- Instances of improper installation or misapplication of the Cylinders.
Due to the variety of operating conditions and applications for the Cylinders and H B Sealing Products’ related products, H B Sealing Products recommends that Buyer analyze all aspects of the application and carefully select the correct cylinder product to fit the buyer's application. Buyer is solely responsible for the cylinder product selection in assessing that all performance, safety and warning requirements of the application are met. IMPROPER CYLINDER PRODUCT SELECTION, MISAPPLIED ENGINEERING OR IMPROPER USE OF THE CYLINDERS AND RELATED PRODUCTS DESCRIBED HEREIN MAY CAUSE DEATH, PERSONAL INJURY AND /OR PROPERTY DAMAGE. H B Sealing Products does not imply or represent that the Cylinders will work properly in any customer application. No sales agent of H B Sealing Products shall have the right to determine warranty periods, terms or conditions for Cylinders if such statements by the sales agents are different from those included herein. Buyer understands that H B Sealing Products will not be held liable for any other costs or damages including any charges for removal, installation, assembly or any other charges in connection with the replacement or repair of the Cylinders. All returned products must have, before being returned to H B Sealing Products, an “RMA” (return material authorization) number assigned to it by H B Sealing Products’ customer service department.
THE WARRANTY STATED IN THIS SECTION IS H.B. SEALING PRODUCTS' SOLE AND EXCLUSIVE WARRANTY PERTAINING TO THE CYLINDERS, AND H.B. SEALING PRODUCTS HEREBY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE CYLINDERS.
Communications with Hercules Sealing Products
We welcome your comments regarding this site. However, comments, feedback,
notes, messages, ideas, suggestions or other communications transmitted to
Hercules Sealing Products will be treated as non-confidential and
nonproprietary. All communications to Hercules Sealing Products become the
exclusive property of Hercules Sealing Products and you agree that by
transmitting any communication you relinquish all rights and interests in same.
All product names, logos, trademarks, as well as other marks and trade names
on this Website are the properties of Hercules Sealing Products. You may not
use, reproduce, copy or manipulate such logos in any manner without the prior
written consent of the owner. The entire contents of this Website, including but
not limited to text, images, music, sound, photographs, video, illustrations,
icons, graphics, headers, data, information, and software (collectively,
ěContentî) are subject to copyright, trademark, or other proprietary rights or
licenses held by. All content is copyrighted as a collective work under the Canadian
and international copyright laws and Hercules Sealing Products owns, to the
fullest extent allowed by such law, the copyright in the arrangement,
coordination, enhancement and selection of such Content or this Website. Except
as provided in this agreement, you may not distribute, publish, transmit, reuse,
repost, ěand frameî the Content in any manner or sell or attempt to sell the
Accuracy and Content
Hercules Sealing Products works hard to ensure that the content provided is
accurate and up-to-date but due to the risk that the information may be
compromised by software or procedural errors, Hercules Sealing Products does not
guarantee the accuracy or completeness of the information provided on this site
or in any Hercules Sealing Products documentation. Hercules Sealing Products
reserves the right to correct any errors, inaccuracies or omissions and to
change or update information at any time without prior notice (including after
you have submitted your order). Please note that such errors, inaccuracies or
omissions may relate to product description, pricing and availability. Photos
may vary. Pricing and shipping & handling rates are subject to change without
notice. We apologize for any inconvenience this may cause you.
Hercules Sealing Products does not warrant the accuracy, integrity or
completeness of the content provided in this Website or in any Hercules Sealing
Products advertisement, including any advice or other similar information
obtained by you from us though this Website or in any Hercules Sealing Products
advertisement. Hercules Sealing Products makes no representation that the
content provided in this Website or in any Hercules Sealing Products
advertisement is applicable or appropriate for use in locations outside Canada.
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password.
Shipping - Risk of Loss
All items purchased from Hercules Sealing Products are made pursuant to a
shipment contract. This means the risk of loss and title for such items pass to
you upon our delivery to the carrier. Hercules Sealing Products is not
responsible or liable for any damage arising from shipment.
The Terms and Conditions constitute the entire agreement between you and
Hercules Sealing Products with respect to this Website, Hercules Sealing
Products catalog or any type of Hercules Sealing Products advertisement. The
Terms and Conditions supercede all prior or contemporaneous communications and
proposals, whether electronic, oral or written between you and Hercules Sealing
Products with respect to this Website, Hercules Sealing Products catalog or any
type of Hercules Sealing Products advertisement. No modification of the Terms
and Conditions shall be effective unless it is authorized in writing by Hercules
Sealing Products. If any provision of the Terms and Conditions is found to be
contrary to law, then such provision(s) shall be constructed in a manner to
closely reflect, as much as possible, the intentions of the parties, with the
other provisions remaining in full force and effect If any of these conditions
shall be deemed invalid, void, or for any reason unenforceable, that condition
shall be deemed severable and shall not affect the validity and enforceability
of any remaining condition.
Choice of Law
By use of this Website, Hercules Sealing Products catalog or any type of
Hercules Sealing Products advertisement, you agree that the laws of the Province of Ontario, without regard to principles of conflict of laws, will govern these
Terms and Conditions and any dispute of any sort that might arise between you
and Hercules Sealing Products.