Terms And Conditions

01. Conditions of Sale

a) Except as otherwise expressly agreed upon in writing by Seller, these Conditions of Sale shall (i) apply to every sale of goods or services by Seller to Buyer, (ii) constitute the entire agreement between Seller and Buyer with respect to the purchase of the goods or services, and (iii) supersede all prior and contemporaneous statements, promises, understandings or agreements of any kind with respect to the sale of the goods or services. Unless otherwise approved by Seller in writing, any provisions to the contrary that may appear on an order form or other documents issued by Buyer shall not be a part of the contract for the sale of the goods or services and are hereby expressly rejected. Seller may modify these Conditions of Sale at any time, and the modified Conditions of Sale shall apply to every subsequent order placed by Buyer.

b) If Seller expressly agrees in writing to any special terms, these Conditions of Sale shall be construed as consistent with and in addition to any such additional terms except where any special term specifically varies or overrides any provision of these Conditions of Sale.

02. Definitions

In these Conditions of Sale:
Seller means Pro-Flex LLC.
Buyer means any person or business that purchases goods or services from Seller.

03. Return Merchandise

No merchandise can be returned without Seller’s prior written authorization.

Return Freight must be pre-Paid. Material being returned must be in full-case quantities. Original Purchase Order, or corresponding numbers, must be referenced. Original purchase must have been within one year of RMA request. Mark Return with RMA number to assure proper account is credited. Return to: Pro-Flex, LLC, 501 S. State Road 341, Hillsboro, IN 47949. Credit to be issued for Future Purchases, meaning we will not accept any short-paid invoices.

All returns must comply with the guidelines established in sections 4 and 5 below.

04. Return Merchandise & Warranty Service

In order to return product/merchandise or receive warranty service, Buyer must first obtain a Return Merchandise Authorization (“RMA”) by contacting Seller using the following information:

MAIL:
Customer Service Manager
Pro-Flex LLC
501 South State Road 341. Hillsboro, IN 47949 
PHONE: 765-798-6137
FAX:765-798-6139
EMAIL: [email protected]

05. Return Merchandise Terms & Procedure

All product returns and warranty claims are subject to the following general terms and conditions:

1. RMA requests must reference Seller’s order number, invoice number or the customer’s P.O. number.
2. Minimum return amount must be $250 net value per purchase order.
3. Product returns can only be made within twelve months of the original invoice date of the product to Buyer.
4. Seller reserves the right, in its sole and absolute discretion, to reject an RMA request for any reason at any time.
5. In order to be received and accepted by Seller, all returned product must be in whole multiples of the Minimum Quantity listed in the current Price Index and material must be in its original packaging with manufacturer’s seal intact.
6. Products which are being phased-out, are obsolete, or were special-order (custom) are not considered normal stock. These items are non-returnable and non-refundable, except in the case of a manufacturer’s defect.
7. Buyer will be charged 25% of the applicable return price for product restocking. For Drainage items having one or more listed option, Buyer will be charged 33% of the applicable return price for product restocking; and will apply to canceled orders that have been entered but not shipped.
8. An RMA will be issued and is invalid 90 days after its date of issue.
9. Seller will only supply product credit for a product return or warranty claim. Issuance of an RMA does not authorize the Buyer to deduct the value of the returned item; once product is received and accepted by Seller, Seller will issue a credit memo for the returned product when applicable.
10. All product returns are subject to inspection and acceptance by Seller at its discretion.
11. Seller reserves the right to deny, nullify or cancel an RMA at its discretion.
12. Product returned without a Return Merchandise Authorization number will be destroyed without credit.
13. Seller shall not be responsible for shipping errors and shortages reported 5 days after receipt of material.
14. Seller shall not be responsible for shipment shortages that are signed for as clear. Any shipment that appears to be damaged in shipping must be noted when signing for receipt of delivery.

06. Warranty

You can read our on our warranty page.

07. Acceptance, Errors & Remedies

1. Seller may deliver any goods ordered by Buyer progressively in such amounts as Seller shall determine in its sole discretion, in which case Buyer shall be obligated to make payment progressively for the goods as they are delivered.
2. Buyer has the right to examine any goods supplied by Seller. Upon receipt of the goods, Buyer shall have a reasonable period of time (not to exceed 48 hours) after receipt of the goods to complete its inspection and testing of the goods and to notify Seller in writing of any errors in shipment or suspected defect in the goods. Buyer shall not undertake any alterations, repairs or remedial work to any goods supplied by Seller without first obtaining Seller’s written consent to do so. If any goods are damaged (whether by transit or otherwise) or otherwise defective, Buyer shall notify Seller in writing of the particulars regarding the defects within the forty-eight (48) hour review period. If any defective goods are rejected by Buyer, Seller shall, at its option, repair or otherwise remedy the defect or direct Buyer to return the goods in accordance with the return goods procedure set forth in sections 9-11 above. Buyer shall immediately respond to any requests by Seller for additional information regarding the alleged defects.
3. Buyer shall be deemed to have accepted all goods supplied by Seller as being of the description, quality and quantity ordered unless Buyer notifies Seller in writing of the particulars regarding any defects as specified herein.
4. Seller has no obligation to allow Buyer to return any goods that conform to the terms of Buyer’s order as accepted by Seller. If Seller, in its sole discretion, allows Buyer to return such goods, Buyer agrees to pay any applicable restocking fee.
5. Goods that are specially purchased, manufactured, machined or cut to size or to Buyer’s specifications may not be returned.
6. Seller shall not be responsible for shipment shortages that are signed for as clear.
7. Seller shall not be responsible for shipping errors reported 5 days after receipt of material.

08. Limitations on Liability & Indemnification

If Buyer believes there is a warranty defect with products sold to Buyer by Seller, Buyer shall (i) immediately notify Seller of such defect, (ii) cooperate fully with Seller’s investigation of the alleged warranty defect, and (iii) comply in full with the return goods procedure set forth in sections 9-11 above.

In addition to limitations and indemnifications set forth above:

1. Except as otherwise provided in these Conditions of Sale, in the Company’s most recent published warranty or by applicable law, Seller shall have no liability, whether in contract, tort or otherwise, for (i) any alleged defects in goods provided by Seller to Buyer, or (ii) for any injury, damage or loss Buyer or any person claiming through Buyer may suffer or incur that arises from or relates to any allegedly defective goods or any work done in connection therewith;
2. Notwithstanding any other provisions of these Conditions of Sale to the contrary, Seller shall not be liable to Buyer, whether in contract or tort (including negligence) or under any other legal theory, for exemplary or punitive damages or any indirect, consequential or punitive loss, damage, cost or expense of any nature (even if advised of the possibility of such loss, damage, cost or expense), including, without limitation, any economic loss or damage, any expense, and any loss of business, profits or revenue, goodwill, anticipated savings, operation time or contracts.
3. With respect to any goods manufactured in accordance with Buyer’s specifications, Buyer shall indemnify Seller against any damages, losses, liabilities, costs, or other expenses, including attorneys’ fees, that Seller may incur, including without limitation any amounts that Seller may pay or owe to any third party that has manufactured such goods, which arise from or relate to any claim that the goods infringe any patent, copyright, trademark, trade secret or other intellectual property rights of any third party.
4. All goods are supplied in accordance with the normal industry standards applicable to them, and Seller shall not be liable to Buyer for the condition or quality of goods which comply with these standards.
5. Buyer expressly acknowledges and agrees that (i) Seller is not liable for any advice given by Seller’s agents or employees regarding the suitability for any purpose of goods supplied by Seller, and (ii) Buyer bears full and sole responsibility for the selection of any goods to be supplied and any services to be performed by Seller to achieve Buyer’s purposes.
6. Buyer expressly acknowledges and agrees that certain water conditions, atmospheric conditions, soil conditions and other environmental conditions exist that are aggressive, corrosive and/or otherwise damaging to certain materials commonly used in the plumbing industry, including but not limited to copper and brass, and that Seller is not responsible for any defects, damage or liability resulting from the use or installation of its products in areas where such adverse conditions exist.  Seller’s warranty shall not apply to any defects or failures that are caused by or the result of such adverse water, atmospheric, soil or other environmental conditions. Buyer further acknowledges and agrees that Seller cannot know, control or assume responsibility for the end use of its products or the location where they are used or installed or for any potential damage or liability resulting from the installation, design or manufacture of its products that are used or installed in locations with adverse water, atmospheric, soil and other environmental conditions. It is an end user’s (including Buyer) responsibility to know the conditions, specifications, common use and installation practices and liabilities into and around which the Seller’s products will be used or installed.
7. Buyer expressly acknowledges and agrees that (i) certain States, municipalities or other legal jurisdictions have rules, laws, ordinances, regulations and/or provisions that govern the acceptability of certain materials commonly used in the plumbing industry and related industries, including but not limited to said jurisdictions governance of products containing lead, (ii) the Seller cannot know or control the end use or location for the products its sells regardless of whether or not the Seller’s products are offered and sold in said jurisdictions, (iii) it is the Buyer’s responsibility to know the locations, installations, specifications, applications and liabilities, including legal liabilities, related to the use of Seller’s products, and (iv) the Seller is not responsible for any liability or potential liability that arises out of such installations.

09. Governing Law

These Terms and Conditions must be governed by and construed in accordance with the laws of the State of Indiana. Any suit relating hereto, with respect to Seller, must be filed in the courts in the State of Indiana, USA.

10. Waiver

If, on any occasion, Seller waives any term or condition, this waiver is not to be construed as a continuing waiver.

11. Force Majeure

All orders are accepted subject to delays in delivery caused by or due to causes beyond Seller’s control, such as acts of God, war, acts of government, government priorities or allocations, fires, floods, accidents, embargoes, labor disputes, failure of suppliers to deliver goods, material shortages or any other contingencies beyond the control of Seller.

12. Severability

If any provision of these Terms and Conditions or the application thereof to any person or circumstance is held invalid to any extent, then the remainder of the Terms and Conditions or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of these Terms and Conditions shall be valid and enforced to the fullest extent permitted by law.

13. Headings

The headings for each paragraph are for convenience of reference only and shall not be deemed a part of these Terms and Conditions.

14. General Conditions and Limitations

The obligation of Pro-Flex™, LLC pursuant to the warranty is limited, at Pro-Flex’s discretion, to: (a) making a replacement component part available, (b) the repair of the defective component part, or (c) the refund of the purchase price. Pro-Flex™ shall have no obligation for the furnishing of any labor involved or connected therewith such as the labor required to diagnose trouble or to remove or install any such product, nor does it include responsibility for any transportation expenses, or any damages or losses incurred in the transportation in connection therewith. Pro-Flex™ shall in no event be liable for other losses, damages, costs, or expenses claimed by anyone, whether direct or indirect, and whether arising in contract or tort, including loss from failure of the product to operate for any period of time, and all other direct, indirect, special, incidental or consequential damages, including all personal injury and property damage. The forgoing limited warranty is in lieu of all other warranties by Pro-Flex™, LLC, express, statutory, or implied by law. Without limiting the generality of the foregoing, Pro-Flex™ makes no warranty of merchantability or fitness of the product for any particular purpose. Pro-Flex™ neither assumes nor authorizes any person to assume Pro-Flex™ any other obligation with the sale of the hereinabove referenced product. All invoices will be dated the day of the shipment. Invoice terms are noted on the New Vendor Information Sheet, F.O.B. Hillsboro, IN or else otherwise stated. Please pay from the invoice – no monthly statement will be sent.

Site Usage

We appreciate you taking the time to visit our website (“Site”). Hopefully you will find our website to be an acceptable and safe experience. To assure this experience we have established certain terms and conditions so that you know what to expect from us and we know what to expect from you. By using the Site you agree to be bound by the terms set forth herein. Periodically, we may make changes to the Site affecting your use, including the Terms and Conditions and policies and conditions that govern the use of the Site at any time. If you use our Site on a regular basis, we suggest you review the Site and its terms periodically for any updates or changes. Your use of the Site assumes your acceptance of these changes even if you have not received individual notice of these changes.

Your Conduct

We recognize that a majority of our users will conduct appropriately while using the Site. However, we reserve the right to restrict or inhibit any user who, in our sole discretion, inhibits or restricts another user’s appropriate use of the Site. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in assessing the Site.

Your Account Responsibilities

For your right to use our Site, you agree to:

• Provide true, accurate, current and complete information about you as prompted by the checkout form for your account (“Account Information”);
• Maintain and promptly update your personal information to keep it true, accurate, current and complete.

If you provide us with information that is untrue, inaccurate, not current or incomplete, or we reasonably suspect that information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you is subject to our privacy policy.

Intellectual Property and Ownership

Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with us or using the Site as a shopping resource. Pro-Flex, LLC is owner (“owner”) of the Site. Therefore, any other use of materials on this Site, including reproduction for purposes other than those noted above, modification, distribution, or republication without the prior written permission of the owner is strictly prohibited.

By posting or submitting any material (including, without limitation, comments, photos, videos, and posting) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material.

Disclaimers

If there is any legal action against the Site, its owners, including all affiliates and officers, and any other agent or person involved with this site, you agree to indemnify and hold said entities and/or persons harmless from any liability.

Online Commerce

If you make a purchase on the Site, the information obtained during your visit to the Site or online store, and the information that you give as part of the transaction, such as your credit card number and contact information, will be collected. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. When you purchase products from us on the Site you must provide us with true and accurate information as to your personal information as well as your credit card information. Inaccurate information may result in a failure of the purchase and/or misuse of an appropriate product being ordered.

Prices for our products are subject to change without notice. Otherwise, prices posted at the time of your purchase for any products or services shall be the price to be paid for such products or services. The Site may also discontinue a product without notice.

For any reason whatsoever we reserve the right to discontinue a product or service at any time, as well as limit the sale of a product or service for any reason, in our sole discretion.

We have the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your zip code and country. In addition, if you elect to sign-up for a particular feature on the Site, such as product reviews, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as you name and email address. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms or Service, shall survive.