Terms & Conditions of Use
PLEASE READ THIS LEGAL STATEMENT CAREFULLY BEFORE USING THIS SITE. This statement may have changed since your last visit to this site. Your use of this site and the information available on this site are subject to the following terms and conditions. By entering this site, you are acknowledging your consent to these terms and conditions. If you do not accept these terms and conditions, then do not use or place orders through this site. We reserve the right to update these conditions of use at any time without notice to you.
Product and Service Information
Prices and availability of products on this site may vary and may change at any time without notice. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, or to accept or reject any and all orders. Although we make reasonable efforts to keep the content regarding our products and pricing error-free, mistakes occasionally occur, in which case, we reserve the right to correct any such errors when and if they occur.
Unless otherwise noted, all content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of BerwickOffrayWholesale.com or its affiliates (collectively "Berwick Offray"), or third parties that have permitted Berwick Offray to use the same. All content included on this site is protected by United States and international copyright laws and all rights are reserved. Similarly, the compilation of all content on this site is the exclusive property of Berwick Offray (or third parties that have permitted Berwick Offray to use the same), protected by such copyright laws and all rights are reserved. All software used on this site is the property of Berwick Offray (or third parties that have permitted Berwick Offray to use the same), protected by the same laws and all rights are reserved. Reproduction, modification, distribution, transmission, republication, display or performance of the content on this site is strictly prohibited.
All trademarks not owned by BerwickOffray.com, its parent company or its affiliated companies that appear on this site are the property of their respective owners. You agree not to use or display any of the trademarks that appear on this site without prior permission.
Indemnification and Disclaimer
YOU AGREE TO INDEMNIFY AND HOLD BERWICK OFFRAY HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE.THIS SITE IS PROVIDED BY BERWICK OFFRAY ON AN "AS IS" BASIS. BERWICK OFFRAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BERWICK OFFRAY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, BERWICK OFFRAY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. BERWICK OFFRAY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Berwick Offray has not reviewed all of the sites linked to this web site. Berwick Offray is not responsible for any offsite pages or any other sites linked to this web site. The inclusion of any link to such a site does not imply endorsement, sponsorship or recommendation by Berwick Offray of the site and is provided merely as a convenience. Your linking to any other sites is entirely at your own risk. Berwick Offray has no responsibility for content on other web sites that you may find or access when ordering our products. Material available on or through such other web sites may be protected by copyright and U.S. or foreign intellectual property laws. The conditions of use of those web sites, and not these Conditions of Use, govern your use of that material.
Disclosure and Use of Your Communications
Electronic mail delivered to Berwick Offray is not confidential and Berwick Offray shall not be liable for any use or disclosure thereof. Any communications or other materials (including, without limitation, unsolicited ideas, suggestions or materials) you send to this site or to Berwick Offray by electronic mail are, and shall remain, the sole and exclusive property of Berwick Offray and may be used by Berwick Offray for any purpose whatsoever, commercial or otherwise, without compensation. You agree that you, and not Berwick Offray, are responsible for all information or other content that you upload, post, email or transmit as a result of your use of the Berwick Offray site. Under no circumstances will Berwick Offray be liable in any way for any such information or other content, including, but not limited to, any errors or omissions or for any loss or damage of any kind incurred as a result of the use of such information or content.
By visiting this website, you agree that the laws of the Commonwealth of Pennsylvania without regard to principles of conflict of laws, will govern this agreement and any dispute of any sort that might arise between you and Berwick Offray. All sales are subject to the laws of the Commonwealth of Pennsylvania and any action brought to enforce this agreement or matters related to this site must be brought in either the state or federal courts in Pennsylvania and you consent to such jurisdiction and venue. Any claim or cause of action you have with respect to the use of this site or any order must be commenced within one (1) year after the claim arises. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THIS AGREEMENT.
These terms and conditions represent the complete agreement between the parties and supersede all prior agreements and representations between them. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms and conditions of this agreement shall remain in full force and effect. The failure of Berwick Offray to act with respect to a breach of this agreement does not constitute a waiver and shall not limit Berwick Offray rights.
Berwick Offray may terminate your access to this site and the content herein for any reason without notice to you. In the event of any such termination, Berwick Offray shall have no liability to you whatsoever.