Terms & Conditions
Terms and Conditions
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
These terms and conditions apply to the viewing, purchasing and sale of products presented on www.pendabrytemetal.com (the “site”). By viewing this site, placing an order or completing a purchase, you agree to be bound by and accept these terms and conditions.
Ownership of Materials, Trademarks and Copyright
The information contained in this site including all images, designs, photographs, text and other materials (the “contents”) are copyrights, trademarks, or other intellectual property owned or licensed by Pendabryte Metal, Inc., or its affiliates, or are the property of their respective owners. The contents of this site may not be copied, republished, downloaded, transmitted, mirrored or reproduced without the prior written permission of Pendabryte Metal, Inc. or the applicable copyright owner.
Limitation of Liability
Pendabryte Metal, Inc. will not be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, including without limitation loss of profits, loss of business, or other economic damages. Pendabryte Metal, Inc. is not responsible for delays in delivery which result from any circumstances beyond its control. Pendabryte Metal, Inc.’s aggregate liability shall not exceed the purchase price paid for any products purchased through this site, or, if no such products were purchased, ten dollars ($10.00).
Pricing and Specifications
All information regarding pricing, products and services is subject to change. Pendabryte Metal, Inc. reserves the right to make adjustments to pricing and products for reasons including, but not limited to, changing market conditions, discontinuation, unavailability, manufacturer price changes and errors in advertisements. The materials appearing on Pendabryte Metal, Inc.'s web site could include technical, typographical, or photographic errors. Pendabryte Metal, Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. Pendabryte Metal, Inc. may make changes to the materials contained on its web site at any time without notice. Pendabryte Metal, Inc. does not, however, make any commitment to update the materials. Prices listed are net and do not include shipping charges, handling fees, taxes and/or duties or special crating requirements for export shipment. Those customers who claim exemption from taxes or duties are responsible for providing Pendabryte Metal, Inc. with the necessary documentation at the time of purchase or taxes will be added to their order. Pendabryte Metal, Inc. strives to maintain prices at the lowest level. Occasionally, prices may change without notice.
The majority of our products are shipped F.O.B. point of origin from Pendabryte Metal, Inc. to your location. All shipping charges are prepaid by Pendabryte Metal, Inc. and added to the customer’s invoice unless you choose to be billed freight collect. A handling fee will be added to shipping charges. Any additional charges for services requested by the customer, including but not limited to inside delivery, special routing, residential delivery or pre-delivery notification must be paid by the customer.
If you are not satisfied with our products for any reason, you may return them in their original condition, bubble wrapped or similarly protected post marked within 10 business days, and we will at your choice, credit your account or refund your payment method, less shipping expenses to and from our office. EXCEPTION: Orders over $500.00 are non-refundable due to manufacturing expenses. Customers will be responsible for shipping charges on returned and/or cancelled orders. Please contact customer service or call 1-800-927-8617 for an authorization number. Store credits issued to you must be used within one year of original purchase date. Due to their nature, custom and made-to-order products cannot be accepted for return unless the product was initially defective. If a product is damaged during delivery to you, we will file a claim and replace the damaged item(s ). You must note the extent of the damage on the back of the packing list. Once complete, forward the form to Pendabryte Metal, Inc. and hold the damaged materials for disposition instructions.
Customers acknowledge that Pendabryte Metal, Inc. is not the manufacturer of any of the products purchased hereunder. Any warranty, if any, with respect to the products must come from the manufacturer. Pendabryte Metal, Inc. will pass through to customers any applicable warranties of the manufacturer to the extent permissible. Notwithstanding anything to the contrary, Pendabryte Metal, Inc.'s liability is limited to the replacement value of the products purchased from this site. Pendabryte Metal, Inc. and its affiliates hereby expressly disclaim all warranties either express or implied, related to products, including, without limitation, any warranty of merchantability or fitness for a particular purpose, or warranty of non-infringement. This disclaimer does not affect the terms of our published warranty. Furthermore, Pendabryte Metal, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Pendabryte Metal, Inc. accepts most major credit card and uses the payment processor PayPal among others.
Pendabryte Metal, Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Pendabryte Metal, Inc. of the site. Use of any such linked web site is at the user's own risk.
This site is controlled by us from our offices within the State of Florida, United States of America. By accessing this site you agree that the laws of the State of Florida, without regard to conflicts of laws principles, will apply to all matters relating to the use of this site and the purchase of products available through this site. Any litigation will be brought exclusively in Duval County, Florida and customer consents to the jurisdiction of the Federal and State Courts located therein, submits to the jurisdiction thereof and waives the right to change venue. We and you waive the right to demand jury trial concerning any litigation between us and you. In any lawsuit brought under applicable law, the party in whose favor a judgment or decree has been rendered may recover reasonable court costs, including attorneys’ fees, from the non-prevailing party.
Customer Appreciation Points Program
Terms and Conditions
By participating in the Program, you agree to be bound by the terms and conditions set forth in these Program rules. The Participant in the Program recognizes and agrees that the discounts/points and other benefits to be received by him/her include amounts and benefits above and beyond any amounts otherwise due him/her. Pendabryte Metal, Inc. reserves the right to cancel, modify, or restrict the Program or any aspect of the Program, including, without limitation, the point conversion ratio and the point expiration policy, at any time. Participants do not acquire property rights in accrued points and awards. Any changes can be made without advance notice and any such changes may be stated in an updated version of these Terms. Pendabryte Metal, Inc. may make changes to these rules even though such changes may affect the Participant's ability to use points already accumulated. A Participant's points balance, as reflected in Pendabryte Metal, Inc.'s records, shall be deemed conclusive and correct. Pendabryte Metal, Inc. reserves the right to determine the amount of points in any Participant's Account based on our internal records related to such Participant's Account. In the event of an inconsistency between the amount accrued in a Participant's Account and Pendabryte Metal, Inc's. internal records, Pendabryte Metal, Inc's. internal records will control. Pendabryte Metal, Inc. assumes no responsibility for errors caused by incorrect Participant information. The sale of points is prohibited and may result in the confiscation or cancellation of your points, as well as suspension or termination of your Participation in the Program, which in each case shall be final and conclusive. Pendabryte Metal, Inc. may revoke any Participation in the Program at any time if such Participant engages in abuse of the Program or fails to follow these Terms. Fraud or abuse relating to the accrual of points or redemption of Rewards may result in revocation of Participant's access to the Program and may affect a Participant's eligibility for participation in any other Pendabryte Metal, Inc's. program.
Participants earn Program points only on the purchase price of qualifying products if they are a registered PendabryteMetal.com Website user and logged on to the Website. Calculation of Program points excludes payment by the Participant for shipping charges and all taxes, including without limitation, federal, state, and local taxes or use taxes. Program points will not be earned on any discounts or other credits offered in connection with a product: For example, if a product priced at $100 is on sale for $75, a Participant will only earn points on the purchase price of $75. Redemption of Program points, purchases of gift cards, merchandise vouchers and any type of price adjustments, including merchandise returns, are not eligible for points: on all purchases made (i) by a Participant prior to such Participant' s first participation in the Program; or (ii) purchases on the Website without a Participant being logged onto his/her Account.
Points earned for a purchase that is then the subject of a return, refund, returned check due to non-sufficient funds, or other credit, will be deducted from the Participant's Account in an amount equal to the points earned for the original transaction, including bonus points. If a return should give your Account a negative point balance, a zero account balance will be placed into your Account.
Points earned by a Participant may be redeemed for money off products purchased on PendabryteMetal.com only.
Rewards points are non-transferable and not redeemable for cash, some exclusions may apply. Reward points may not be used to purchase gift cards. Participants may redeem their points on any purchase made on the Website. To redeem points toward a purchase on the Website, a Participant must be a registered user of the Website. Points may be redeemed on the purchase price of qualifying products only and cannot be used for the payment of sales tax or shipping and handling charges or for the purchase of gift cards.
Points accumulated on different Accounts of different Participants may not be shared, transferred, combined or aggregated to make purchases of products or for any other reason. Points earned in a transaction cannot be redeemed in the same transaction.
Upon first participation in the Program with a Qualifying Activity, Participants' accounts are active for 24 months. Participants' accounts will remain active as long as the Participant has a Qualifying Activity at least once every 24 months. The Participant's account expiration date will be 24 months from the date of the last Qualifying Activity. If a Participant fails to have any Qualifying Activity in 24 months, or if the Website should cease operations with or without notice, the Participant's account will become inactive and all points, awards, rewards, and promotional incentives will be forfeited. Pendabryte Metal, Inc. reserves the right to cancel access to the Program of any inactive Participant. “Qualifying Activity” means (a) points earned from products purchased through the PendabryteMetal.com Website while logged in as a registered user.