Effective Date: April 1, 2012
Bryer reserves the right to change or modify these Terms at any time and at its sole discretion. If Bryer makes changes to these Terms, we will provide you with a notice of such changes by posting a notice on our Site or updating the date at the top of these Terms. Your continued use of the Site will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended Terms, you must stop using the Site.
Part One: Terms For All Site Users
Use of Site
In consideration of your use of the Site, you agree to provide accurate, current and complete information; maintain and promptly update your account information; maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide Bryer; and promptly notify Bryer if you discover or otherwise suspect any security breaches related to the Site.
Unless otherwise indicated on our Site, the Site and all content and materials therein, including but not limited to the Bryer logo and all designs, text, graphics, pictures, information, data, other files and the selection and arrangement thereof (“Site Content”) are the proprietary property of Bryer or its affiliates, licensors, suppliers or users and are protected by US and international copyright laws.
You are granted a limited, nonexclusive, non-sublicensable license to access and use the Site and electronically copy and print hard copy portions of the Site Content for you informational use. Such license is subject to these Terms and excludes any resale of the Site or Site Contents; the collection and use of any product listing, pictures or descriptions; the distribution or public display of any Site Content; modifying or otherwise making any derivative uses of the Site and Site Content, or any portion thereof; use any data mining, robots or similar data gathering or extraction methods; downloading of any portion of the Site, the Site Contents or any information contained therein, except as expressly permitted on the Site or pursuant to separate terms; or any use of the Site or Site Contents other than for its intended purpose. Any other use of the Site or Site Content, without the prior written permission of Bryer, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including but not limited to trademark laws and applicable communication regulations and statutes. This license is revocable at any time.
You agree to defend, indemnify and hold harmless Bryer, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Site; any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Site; any Feedback you provide; your violation of these Terms; your violation of any rights of another; or your conduct in connection with the Site.
Except as expressly provided, the Site, Site Content, User Content and services provided on or in connection with the Site (collectively, "Complete Site") are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. BRYER DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Bryer does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. Bryer does not represent or warrant that the Site or its servers are free of viruses or other harmful components. IN ADDITION, BRYER DISCLAIMS ALL LIABILITY ARISING OUT OF OR RELATED TO SITE CONTENT. This Site Content is general in nature and must be used with an appreciation for the differing applications and uses of various products.
Limitation of Liability
IN NO EVENT SHALL BRYER, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM BRYER, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BRYER'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BRYER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BRYER FOR ACCESS TO OR USE OF THE COMPLETE SITE.
Part Two – Terms for Users Making Purchases
PART TWO APPLIES IN ADDITION TO PART ONE IF YOU PURCHASE A PRODUCT OR SERVICE THROUGH THE SITES.
Pricing and Availability
All prices are shown in U.S. dollars (except where otherwise noted); taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. Prices displayed on the Sites may vary from those in the store or from advertised prices. Discounted commercial pricing is available for qualified contractors, distributors and OEM’s who create an online account and login. If falsified, inaccurate, outdated or fictious information is used to establish commercial pricing Bryer reserves the right to close the account and/or cancel any order placed under such false pretenses. If Bryer detects or assumes fradulent activity in creating a commercial account you will be notifed via email of any actions taken. Bryer reserves the right to cancel or close any commercial account for any reason at any time.
We attempt to be as accurate as possible and eliminate errors on the Site; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
Out-of-Stock Items; Backorders
Sometimes we will not know in advance that product is unavailable. Note that some items may be backordered or unavailable even if the Site indicates that they are in-stock, and adding an item to your cart does not guarantee the availability of that item. We will not charge your payment card until the item ships to the designated delivery address. If the backordered item is no longer available, we will cancel the item from your order and notify you, usually via e-mail. If you have items on backorder that you would like to cancel, please contact us.
Agreement to Conduct Transactions Electronically; Recording; Copies
You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
Shipping & Handling
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Sites when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. Any shipping times shown on the Sites are estimates only – actual delivery dates may vary.
Payment; Credit for Refunds
Only valid credit cards or other payment methods acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
Return and Exchanges
Bryer is committed to your total satisfaction. Please read our return policy found here. Whether you made your purchase from Bryer online, by mail or at a physical Bryer location, you may return or exchange it by mail or at any of our locations subject to any contrary terms imposed on your purchase (e.g., some of our "close out" items say "no return" or the like) and provided that you follow the instructions on the Site. After we have received your valid return, we will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable merchandise credit, a credit to the payment card used to pay for the product, a check, or another remedy that we determine in good faith is appropriate in the circumstances. If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.
Exclusivity of Remedy; Limitation of Liability
IN NO EVENT SHALL BRYER BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF BRYER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Kynar 500® is a registered trademark of Arkema, Inc.
Hylar 5000® is a registered trademark of Solvay Solexis.
Gavalume® is a registered trademark of BIEC International, Inc.
Vintage® is a registered trademark of Steelscape, Inc.