- (800) 652-6789
- [email protected]
- 4518 West 56th St. Tulsa, OK 74157
These Terms & Conditions apply to Cortrol Process Systems, Inc., a Harrington Industrial Plastics LLC company (“Company,” “we,” “us,” or “our”), and govern your use of https://cortrol.com/ as well as, where applicable, your purchase of products or services from us.
By using this Website, requesting or accepting a quote, placing an order, accepting delivery of products or services, or otherwise doing business with the Company, you agree to the applicable provisions of these Terms & Conditions.
This Website is provided for general informational and commercial purposes.
You may use the Website only for lawful purposes and may not use it in a manner that could damage, disable, interfere with, or compromise the Website, its systems, or the rights of others.
We may modify, update, suspend, or discontinue portions of the Website at any time without notice.
We make reasonable efforts to provide useful and accurate information about our products, services, capabilities, specifications, and other offerings. However, Website content may contain errors or omissions and may be changed without notice.
Product descriptions, specifications, dimensions, images, availability, pricing, technical information, recommendations, and other Website content are provided for general reference.
Information and recommendations provided by the Company are based on information and data believed to be reliable. However, the purchaser is responsible for determining whether a product, material, or service is appropriate for its particular application and operating conditions.
Unless expressly agreed to in writing, information provided through the Website does not constitute an engineering recommendation, system design, performance guarantee, or warranty.
Website content, product information, and pricing do not constitute a binding offer unless expressly stated otherwise.
Quotes are subject to the terms and expiration dates stated on the applicable quote.
Orders are subject to acceptance by the Company and may be subject to product availability, manufacturer availability, credit approval, shipping requirements, and other applicable conditions.
The Company’s performance is conditioned upon the purchaser’s acceptance of these Terms & Conditions.
Any additional or different terms contained in a purchaser’s purchase order, acknowledgment, acceptance, or other document are expressly rejected unless accepted in writing by an authorized representative of the Company.
If a purchaser has submitted an applicable Company or Cortrol Process Systems, Inc. credit application, the terms of that credit application are incorporated into the transaction where applicable.
Unless otherwise stated on the applicable quote, invoice, order acknowledgment, or other written agreement, the total purchase price is due within 30 days.
Invoices not paid when due and delinquent credit accounts may be subject to interest or service charges at the highest lawful rate permitted under applicable state law.
No contractor discounts, pricing discounts, or credit terms apply unless expressly stated in writing.
Applicable sales taxes and other required charges will be added to the purchase price where appropriate.
Unless the purchaser and the Company agree otherwise in writing, shipments are F.O.B. point of original shipment.
Risk of loss passes to the purchaser when the Company delivers the goods to the carrier for shipment.
The purchaser is responsible for providing an accurate delivery address.
When freight is prepaid by the Company, transportation charges may be included on the invoice as freight and handling. In other cases, transportation charges will be the responsibility of the purchaser.
Delivery dates are estimates unless expressly guaranteed in writing.
The Company is not responsible for delays resulting from manufacturer lead times, supply-chain disruptions, transportation delays, labor shortages, material shortages, or other circumstances beyond its reasonable control.
Claims involving product shortages must be submitted to the Company in writing within 10 days of the purchaser’s receipt of the goods.
Claims involving freight shortages or damage occurring during transportation must be filed with the applicable carrier.
Products may be returned only when shipped by the Company in error or under other circumstances specifically approved by the Company in writing.
Unless a return involves an applicable warranty claim, return requests must be submitted within 30 days of receipt and approved by the Company in advance.
Approved returns will be issued a Returned Goods Authorization (“RGA”) number. The RGA number must be clearly identified on the returned shipment.
Unless the return is caused by a Company shipping error:
Products returned without prior written approval or without the applicable RGA number may be refused and returned to the purchaser at the purchaser’s expense.
Non-standard, special-order, custom-made, fabricated, modified, or otherwise non-cancellable products may not be cancelled or returned once the purchaser’s order has been placed.
Products manufactured by third parties are provided solely with the warranties, if any, offered by the original manufacturer.
The Company’s obligations with respect to third-party products are limited to passing through applicable manufacturer warranties to the extent those warranties are assignable.
For products manufactured directly by the Company, the Company warrants only that such products will be free from defects in material and workmanship for one year from the date of shipment, unless otherwise expressly agreed to in writing.
Except for warranties specifically described above or otherwise provided in writing, the Company makes no other express or implied warranties, including warranties of merchantability or fitness for a particular purpose.
Product descriptions are provided for identification purposes and do not create an independent warranty.
The Company does not provide a design, system, application, or performance warranty unless expressly agreed to in writing.
The purchaser is responsible for determining whether products are suitable for the purchaser’s intended application.
The Company is not responsible for damage to products, or damage caused by products, resulting from:
Purchasers should follow applicable manufacturer specifications, instructions, safety requirements, and industry standards when selecting, installing, operating, and maintaining products.
The Company will not be responsible for expense, loss, damage, or delay resulting from circumstances beyond its reasonable control.
These circumstances may include fires, floods, natural disasters, labor disputes, labor shortages, material or equipment shortages, transportation delays, accidents, governmental actions, major equipment failures, supply interruptions, or similar events beyond the Company’s reasonable control.
To the fullest extent permitted by applicable law, the Company will not be liable for special, incidental, indirect, punitive, or consequential damages arising from the purchase, use, failure, operation, or performance of products or services.
This includes, without limitation:
These limitations apply regardless of whether a claim arises in contract, tort, negligence, strict liability, statute, warranty, or another legal theory, to the fullest extent permitted by law.
The Company’s cumulative maximum liability arising from any transaction, regardless of the form or cause of action, will not exceed the purchase price of the products or services giving rise to the claim.
This limitation applies to claims involving contract, tort, negligence, strict liability, statutory remedies, breach of warranty, or any other cause of action to the fullest extent permitted by applicable law.
The Company’s indemnification obligations, if any, are subject to the limitation of liability described above and will not exceed the applicable purchase price.
The Company will indemnify, defend, and hold the purchaser harmless from third-party claims to the extent caused by the Company’s negligence, gross negligence, or willful misconduct.
The Company will not be responsible for claims resulting from the purchaser’s design, specifications, installation, misuse, or the acts or omissions of the purchaser or another third party.
In the event of a dispute, claim, or controversy arising from or relating to a transaction with the Company, the parties will first attempt to resolve the matter through good-faith negotiations.
If negotiations are unsuccessful, the parties will submit the dispute to mediation before a mutually agreed mediator located in the State of California.
If the parties cannot agree upon a mediator within 30 days, either party may request mediation through JAMS or another established mediation provider. Unless otherwise agreed, mediation will take place in California and mediation costs will be shared equally by the parties.
If mediation does not resolve the dispute, the matter will be submitted to binding arbitration administered by JAMS or another mutually agreed arbitration provider.
Unless otherwise agreed, arbitration will:
The arbitrator may award relief that a court of law in California could award, subject to the limitations of liability and damages contained in these Terms.
The arbitration agreement will be governed by the Federal Arbitration Act and applicable California law, without regard to conflict-of-law principles.
Failure by a purchaser to make full payment when due, wrongful rejection of products, or repudiation of these Terms & Conditions constitutes a material breach.
The Company may exercise any remedies available under the Uniform Commercial Code and applicable state law.
Available remedies may include:
The Company’s remedies are cumulative.
A delay or failure by the Company to enforce a right or remedy does not constitute a waiver of that right or remedy.
Any waiver must be made in writing by an authorized representative of the Company.
Neither party may assign its rights or delegate its obligations relating to a transaction without the written consent of the other party.
Any assignment or delegation made without the required written consent is void.
Unless otherwise stated, content appearing on this Website, including text, graphics, logos, photographs, videos, technical materials, downloads, and other content, is owned by or licensed to the Company, Cortrol Process Systems, Inc., or their respective licensors.
Manufacturer names, product names, trademarks, and logos remain the property of their respective owners.
Website content may not be reproduced, modified, distributed, republished, or commercially exploited without authorization except as permitted by applicable law.
The Website may contain links to manufacturer websites, technical resources, third-party platforms, or other external websites.
These links are provided for convenience. The Company does not control and is not responsible for third-party websites, their content, availability, security, accessibility, or privacy practices.
Personal information collected through this Website will be handled in accordance with our https://cortrol.com/privacy-policy/.
Please review the Privacy Policy for additional information regarding the collection, use, disclosure, and protection of personal information.
These Terms & Conditions, together with any applicable quote, invoice, order acknowledgment, credit application, or other written agreement expressly incorporated into a transaction, constitute the agreement between the purchaser and the Company with respect to that transaction.
They supersede prior or contemporaneous representations or agreements relating to the transaction.
No additional oral or written terms will modify these Terms & Conditions unless expressly accepted in writing by an authorized representative of the Company.
If any provision of these Terms & Conditions is determined to be invalid or unenforceable, that provision will be modified or limited only to the extent necessary, and the remaining provisions will continue in full force and effect.
Transactions will be governed by the laws of the state in which the Company’s distributing location from which the purchaser’s purchase was made is located.
The purchaser agrees that personal jurisdiction and venue will lie in the applicable county in which that distributing location is located, subject to the mediation and arbitration requirements described above.
If an action or proceeding is brought to enforce the Company’s rights under these Terms & Conditions, the Company will be entitled to recover its reasonable attorney’s fees and court costs to the extent permitted by applicable law.
If applicable law requires a different allocation of attorney’s fees, these Terms & Conditions will be interpreted to comply with that requirement.
Section headings are provided for convenience and organization only and do not affect the interpretation of these Terms & Conditions.
The Company may update these Terms & Conditions periodically.
Changes will be effective when the revised Terms & Conditions are posted to this Website unless otherwise required by law.
The “Last Updated” date above identifies the date of the most recent revision.
Questions regarding these Terms & Conditions may be directed to:
Cortrol Process Systems, Inc.
A Harrington Industrial Plastics LLC Company
4518 West 56th St.
Tulsa, OK 74157
800-652-6789
[email protected]
