Terms & Conditions / Exclusion of Liability
By using the pages of this website, you agree to these terms and conditions. Thermally Broken Steel USA LLC. (“TBS”) may update or revise these terms and conditions from time to time and you agree to the terms and conditions that are posted at the time you are using this website. You should periodically check these terms and conditions for updates or revisions. If you do not agree to the terms and conditions posted at the time you intend to access or use this website, do not access or use this website or any pages thereof.
Thermally Broken Steel USA is committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Federal Law contains specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. When appropriate, we shall issue appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Site Access Termination
TBS reserves the right to alter the contents of this site or to terminate it completely, or in part, at any time, as well as the right to deny access to the site to any person whom we have reasonable grounds to believe, may be using the site for an unlawful or unauthorized purpose or in a manner that may harm us. User or company specific site access termination is not an act of discrimination and TBS does not have to notify any persons prior to said termination.
Exclusions and Limitations
The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not, however, exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website: You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website: We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
TBS maintains high security standards which are designed to protect your information as it is transmitted from your computer to our network and servers. The technology that is deployed on the website is called Secure Socket Layer (SSL). SSL is the leading security protocol for data transfer on the Internet and helps to protect the safety and confidentiality of your online banking information.
This company is registered in the United States of America., and the laws of the State of Connecticut govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the US courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
Use of this website is governed by the laws of the State of Connecticut and applicable Federal laws of the United States. Users of this website hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in New Haven, Connecticut, USA, in all disputes arising out of or relating to use of this website or these Terms and Conditions.
Copyright and Trademark Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. This site as a whole is copyrighted as a collective work, and individual works appearing on or accessible through this site are likewise subject to copyright protection. You agree to honor the copyrights in this site (including the selection, arrangement, and coordination of the contents of this website) and in the works available on or through this website. You may download and maintain single copies of designated materials for your personal use only. In addition, trademarks and trade dress belonging to us or to others appear on or are accessible through this site. The fact that we have permitted you access to this site does not constitute authorization to reproduce our trademarks or trade dress for any other purpose. By submitting any material to us, such as by posting a comment to a discussion group, or by sending to us an email, you are thereby granting to us a non-exclusive license to reproduce, display, distribute, modify and create derivative works from such material and to use such material and the fact of your authorship of it for marketing purposes.
Be aware that all imagery, logos, and all other works formatted as anything other than text (e.g. JPG, PNG, GIF) on this website, contains either hidden code, logos, or other traceable elements to which proves irrefutable ownership by Thermally Broken Steel USA LLC. For this reason, we strongly urge that no imagery be saved for use on another website. TBS will find out and legal council will follow.
Refunds and Back Charges
TBS does not accept any back charges or claims for payment of work conducted by others unless said work has been authorized, in writing, prior to commencement of said work. TBS’s liability for payment of any back charges, only when approved by TBS, will be limited to the Buyer’s actual costs incurred. Proof of costs incurred must be presented by the Buyer and rightfully validated by TBS prior to approval of any back charges. TBS will not be responsible for the Buyer’s overhead, cost of business expenses on said back charges, or profit.
Domestic and International Shipping Policy
Unless otherwise agreed to in writing by TBS, shipments are made EX WORKS (which shall have the same meaning as in the Incoterms 2010 published by the ICC). Risk of loss or damage and responsibility shall transfer from TBS to Buyer upon delivery of the Products to the carrier. Thereafter, said carrier shall be deemed the agent of the Buyer and the terms of payment shall not be affected by damage to or destruction of the Products sold. Upon TBS’s receipt of full payment, title shall also pass to the Buyer. While TBS will use all reasonable commercial efforts to preserve the delivery dates quoted, all shipping/delivery dates are approximate and not guaranteed. TBS will not be liable for delays caused by force majeure events such as viral exposure, accidents, fires, strikes, floods, weather, laws, biological contamination, emergencies, war, acts of God, natural disaster, terrorism, civil insurrection, and/or delays of common carriers and/or delays that are the product of late deliveries by other trades or suppliers, any unforeseen circumstances, and/or the result of any cause beyond the control of TBS. TBS will not be liable for any loss or damage, including loss of income and/or profit, special, incidental, or consequential damages, resulting from delayed shipments and/or delivery of the Products. TBS reserves the right to make partial shipments. Buyer will accept and pay for partial deliveries in accordance with the prices and terms set forth in these terms and conditions. If the Buyer delays any shipment, or is the reason for a delay, the Buyer agrees to reimburse TBS for all transport and/or storage costs and other additional and incidental expenses resulting therefrom.
For a full copy of our Domestic and International Shipping Policies, you must contact a TBS representative with your Contract Number.
All payments are to be made in U.S. currency. Unless otherwise defined in the Contract, the full Contract value must be paid in full prior to scheduling shipment. To ensure TBS is paid in full for the value of all Contracts and any other charges owed from the Buyer, TBS reserves security interest in all Products sold to the Buyer by TBS. Accounts that are overdue past the allotted time stated on the invoice or other Contract are subject to a 2% monthly service charge, or maximum amount permitted by law, from the date the payment was due until the past due amount is paid in full. Production and/or shipments may be held until the amount due becomes current. TBS has the right to retain all liens, stop bond rights and notices, and does not forgo or waive any such rights until the Buyer has paid TBS in full. The Buyer agrees that TBS may take such action as TBS deems advisable to retain the full value of interests owed from the Buyer including, but not limited to, signing of financing statements by the Buyer. TBS retains the right to repossess any unpaid Products at any time without notice. All expenses involved in repossessing such unpaid Products, including but not limited to attorneys’ fees and travel, shall be the Buyer’s liability. Set-off and/or reconciliation claims against TBS from the Buyer shall not be permitted. Until all claims against the Buyer have been paid in full to TBS, TBS shall remain the owner of all Products under such Contract. In spite of this, upon delivery of said Products to Buyer, risk of loss shall transfer to the Buyer and it is the Buyers sole responsibility that the Products be kept of free physical damage, encumbrance, involuntary liens, or become a security interest by any means.
TBS accepts four forms of payment: (1) Personal, Corporate or Bank Check, (2) Automated Clearing House (ACH), (3) Electronic Wire Transfer, (4) Credit or Debit Card. For banking information and instructions regarding wire transfers in Canadian Dollars or Euros, please ask a TBS representative. TBS is not responsible for any fees associated with any incoming or outgoing wire or ACH transfers. Nor is TBS responsible for any credit or debit card fees. It is the BUYERS responsibility to conduct their own due diligence prior to executing any wires.
We have several different e-mail addresses for different queries. These, and other contact information, can be found on our Contact webpage or via Company literature or via the Company telephone, facsimile or mobile telephone numbers. Forms of communication such as e-mail, text messaging, our Website Contact Us, or other forms of electronic communication are inherently insecure. Please refrain from submitting sensitive personal information (such as account number, social security number, or credit card account number) via e-mail or similar method of communication. When you send an e-mail to us, you are communicating with us electronically and consent to receive reply communications from us or our providers electronically. We may retain the content of the e-mail, your e-mail address, and our response in order to better service your needs or for legal and regulatory reasons.
Changes to our Online Privacy Statement
Please note that we will periodically make changes to our Privacy Statement. It is your sole responsibility to review this Privacy Statement frequently and remain informed about any changes that we have made to it, so we encourage you to visit this page often. Your continued use of our Website constitutes your acceptance of any amendments to and the most recent versions of this Privacy Statement.
This page was last modified on January 15, 2017
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