Terms of service

Last updated: October 6, 2024

These Terms of Service ("Terms") govern your use of the website operated by Samuel Pressure Vessel Group ("we," "us," or "our"). By accessing or using our website (the "Site") and purchasing goods ("Goods") through our online store hosted on Shopify, you agree to these Terms. If you do not agree, you must not use or access the Site or Services. Any terms or conditions proposed by you that are in addition to or conflict with these Terms are rejected and shall be null and void.

Section 1 - Entire Agreement

These Terms constitute the entire agreement ("Agreement") between Samuel and the buyer ("Buyer") for the purchase and sale of Goods. Any changes or additional terms provided by the Buyer through proposals, purchase orders, or any other acknowledgment are not accepted unless they are in writing and signed by an authorized representative of Samuel.

Section 2 - Force Majeure

Samuel shall not be liable for delays or failures in performance due to causes beyond its control, such as natural disasters, extreme weather, acts of war, strikes, and other unforeseen circumstances. This includes interruptions in computer or telecommunications systems, and shortages in materials or energy sources.

Section 3 - Limited Warranty

Subject to Section 4, Samuel warrants that the Goods will be free from defects in materials or workmanship for one (1) year after shipment. Samuel's responsibility under this warranty is limited to repairing or replacing defective parts. Buyer must obtain written authorization from Samuel before returning any parts. No other warranties, express or implied, are provided, including warranties of merchantability or fitness for a particular purpose.

Section 4 - Limitation of Remedy and Liability

Samuel is not liable for damages resulting from delays in performance or for any indirect, special, or consequential losses, including loss of profits or goodwill. The maximum liability of Samuel for any claim is limited to the replacement of non-conforming products or a refund of the purchase price, not exceeding the total value of the contract.

Section 5 - Taxes

All applicable taxes related to the manufacture, sale, or delivery of Goods are the responsibility of the Buyer, except for taxes based on Samuel's income.

Section 6 - Terms of Payment

Payment terms are net 30 days from the date of Samuel’s invoice, subject to credit approval. If payment is delayed, interest will accrue at 1.5% per month. Samuel may suspend performance or cancel orders if payment is not received on time. The Buyer is responsible for collection costs, including legal fees.

Section 7 - Buyer-Supplied Data

If Samuel relies on data provided by the Buyer and that data is inaccurate or incomplete, any warranties or provisions that rely on such data shall be null and void.

Section 8 - Price and Modifications

Prices are subject to change and may be adjusted based on Buyer’s requested changes to specifications, materials, or delivery. Buyer will be liable for any costs incurred by Samuel due to order cancellations or modifications, including a 20% markup.

Section 9 - Online Store Terms

By using the Site, you represent that you are at least the age of majority in your location. You agree not to use our products for illegal purposes or violate laws in your jurisdiction. Breach of any terms will result in immediate termination of your access to the Site.

Section 10 - Use of Third-Party Tools

We may provide access to third-party tools without warranties or endorsements. Your use of such tools is at your own risk, and we are not liable for any issues that may arise from their use.

Section 11 - Export/Import Compliance

The Buyer agrees to comply with all applicable export and import control laws, including those of the United States. Samuel follows the Export Administration Regulations (EAR) and requires compliance with all restrictions listed in section 744 of the EAR.

Section 12 - Product Availability and Order Fulfillment

Orders that cannot be fulfilled due to a lack of inventory or force majeure will be completed as soon as possible. If we cannot fulfill the order at a later date, we will cancel the order without any liability.

Section 13 - General Conditions

We reserve the right to refuse service or modify the Site without notice. All content provided may be transferred across various networks. You may not copy or exploit any part of the Service without our express written permission.

Section 14 - Limitation of Liability

We do not guarantee uninterrupted or error-free use of the Site. You use the Service at your own risk. Samuel is not liable for any direct, indirect, or consequential damages, including loss of profits or data.

Section 15 - Indemnification

You agree to indemnify and hold Samuel and its affiliates harmless from any claims or damages arising from your breach of these Terms or your violation of any law or third-party rights.

Section 16 - Severability

If any part of these Terms is found to be unenforceable, it will not affect the validity of the remaining provisions.

Section 17 - Governing Law

These Terms are governed by the laws of the State of Wisconsin. Any disputes shall be resolved in the courts located in Wisconsin. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Section 18 - Changes to Terms

We may update these Terms from time to time. It is your responsibility to review the Terms periodically. Continued use of the Site after any changes signifies acceptance of the updated Terms.

Section 19 - Contact Information

For questions or concerns about these Terms, contact us at:

Email: corporate@samuel.com
Address: 2121 Cleveland Avenue, Marinette, WI, 54143, USA