Terms and Conditions

SITE TERMS AND CONDITIONS

Welcome to the www.precisioncng.com web site (“Site”). Precision Fitting and Gauge Company (“PF&G”), is the owner and operator of the Site and provides this web site as a service to our customers.

These Site Terms and Conditions (“Site Terms”) define how you may use and access this Site. You represent and warrant that you possess the legal right and authority to agree to these Site Terms on your behalf and that you are at least 18 years old. If you are accessing this Site on behalf of another party such as your employer, then these Site Terms shall be binding upon you and the other party.   You represent and warrant that you possess the legal right and ability to agree to these Site Terms on your behalf and on behalf of that other party.

BY ACCESSING/USING THIS SITE, YOU AGREE TO THESE SITE TERMS. IF YOU DO NOT AGREE TO THESE SITE TERMS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THIS SITE.

Our privacy policy also applies to our collection of information through your use and access of this Site.  The privacy policy is found on the Site and is incorporated herein by reference.

You should visit this page periodically to review the Site Terms. The Site Terms currently in effect as of this date may be modified or amended by PF&G from time to time and your continued use of this Site after a modification or amendment is your agreement to the modified Site Terms. PF&G may terminate or modify this Site at any time, without notice.

In order to register or purchase products through this Site, you will be required to enter certain information into this Site which may include, without limitation, your name, business name, address, and shipping location. You agree to provide true, accurate, current and complete information. PF&G will have the right to rely upon any information that you input into the Site and PF&G will incur no liability arising out of such reliance.

If you wish to purchase any products, you may be asked to supply certain information relevant to your purchase, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information. Any such information provided through this Site will be treated by PF&G in accordance with these Site Terms and our privacy policy.

It is your responsibility to maintain the confidentiality of your password and you agree to accept responsibility for all activities that occur under your account. You may not transfer, assign or sell your account to any third party. PF&G will have the right to rely upon any information received from anyone using your username and password, and PF&G will incur no liability arising out of such reliance. PF&G has no obligation to verify the authenticity of any information you provide to the Site. If you provide any information that is false, misleading, inaccurate, not current or incomplete, PF&G may suspend or terminate your use of this site

All content included on this Site is the exclusive property of PF&G or others and protected by U.S. and international copyright laws. PF&G authorizes you to view and download the contents of this Site only for non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original contents on any copies. Without the express written permission of PF&G, you may not modify the contents of this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use the contents of the Site for any public or commercial purpose. Any use of the contents of this Site on any other web site or networked computer environment for any purpose is prohibited.

The trademarks, service marks and logos (“Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of PF&G and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark owner.

You are prohibited from violating or attempting to violate any security features of this Site, including, without limitation, (i) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering or attempting to interfere with service to any user, host, or network; (iv) using this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (v) using any automatic or manual process to monitor or copy any portion of this Site without PF&G’s prior written permission; (vi) introducing any computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (vii) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by PF&G in providing this Site.

YOU ACKNOWLEDGE AND AGREE THAT PF&G, IN ITS SOLE DISCRETION, MAY AT ANY TIME FOR ANY REASON OR NO REASON SUSPEND, TERMINATE, OR RESTRICT YOUR ACCESS TO OR USE OF THIS SITE, OR ANY PORTION THEREOF, WITH OR WITHOUT NOTICE, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW.

SITE DISCLAIMER OF WARRANTIES AND LIMITATIONS

YOU SHOULD READ THE FOLLOWING PROVISIONS CAREFULLY AS THEY LIMIT YOUR LEGAL RIGHTS AND RIGHTS OF RECOVERY.

 THIS SITE IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS.

PF&G MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE.

UNDER NO CIRCUMSTANCES WILL PF&G, ITS SUPPLIERS OR OTHER THIRD PARTIES REFERENCED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR ANY MATERIALS AND/OR CONTENT CONTAINED ON ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE, ERROR, OMISSION, LINKING TO OTHER WEB SITES, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT PF&G WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 IF YOU ARE DISSATISFIED WITH THIS SITE AND THE CONTENT THEREON, OR THESE SITE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS SITE.

IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN PF&G’S TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO PF&G FOR ACCESS TO AND USE OF THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

PF&G attempts to ensure that the content on this Site is complete and current. However, PF&G cannot guarantee that the information contained on this Site will not contain errors, inaccuracies, or omissions. Such errors, inaccuracies, or omissions may relate to price, product description, availability, or otherwise. PF&G reserves the right to correct any error, inaccuracy, or omission, or to change or update the content without prior notice to you.

TERMS AND CONDITIONS OF SALE

In the event you purchase products through this Site, the following terms and conditions of sale apply to your purchase.

PF&G does not agree to any proposed additions, alterations, or deletions to these terms by you. Any other statement or writing from you will not alter, add to, or otherwise affect these terms or conditions.  Unless otherwise specified, payment shall be in United States funds.

Prices shall be those in effect at the time PF&G accepts the applicable order. Prices listed do not include shipping, handling fees, taxes, and/or duties, and are subject to correction or change without notice. All shipments will be made F.O.B. shipping point. Title and risk of loss pass to Buyer upon tender of shipment to the carrier. Prices shown do not include sales or other taxes imposed on the sale of goods. Shipping charged on the Site may be more than the actual cost of shipping product to you – any excess collected is a handling charge and is non-refundable.  Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price. You agree to reimburse PF&G for any such tax as assessed by the applicable tax jurisdiction.

Payment is due at the time the order is placed unless applicable law requires us to delay charging you until shipment.  In such case, you agree to supply a method of payment at the time of the order and maintain the viability of that method until the order is shipped.

After placing an order, you will receive an email from PF&G acknowledging that we have received your order. Your order constitutes only an offer to buy a product. All orders are subject to acceptance by PF&G, and PF&G will confirm such acceptance to you by sending you an email that confirms that the products have been shipped or otherwise accepted (the “Shipping Confirmation”). A contract of sale will only be formed when PF&G sends you the Shipping Confirmation and is limited to only those products whose shipping/acceptance PF&G has confirmed in the Shipping Confirmation. PF&G will not be obliged to ship any other products which may have been part of your order until the shipping/acceptance of such products has been confirmed in a separate Shipping Confirmation.

PF&G only accepts orders for shipments to physical addresses within the United States, Canada and Mexico.

Non-warranty Returns must be made within 30 days from the date of purchase. Returned product must be in original packaging, unused, undamaged and in saleable condition. Custom or special (non-stock) orders are not returnable except in the case of assembly errors or defects.  Stock items are subject to a 20% re-restocking fee. You are responsible for the method and cost of return to PF&G. No return will be accepted without PF&G’s prior written approval and must be accompanied by a return authorization number obtained in advance from PF&G. Any product returned without a properly issued return authorization number will not be eligible for refund or credit.

Non-Warranty Returns – Contact precisioncng@pfandg.com or toll free 844-269-5322.

PF&G is not liable for delays in delivery or other failures in performance occasioned by acts of God, shipping strikes, weather delays or other circumstances beyond PF&G's reasonable control.

Further, PF&G reserves the right to refuse or cancel any orders (including without limitation any orders containing any error, inaccuracy, or omission) at any time and for any reason whatsoever whether or not the order has been submitted, confirmed, or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled by PF&G, PF&G will promptly issue a credit to your credit card. Except for issuing such credit (if applicable), PF&G shall have no liability or obligation to you with respect to any cancelled order.

WARRANTY AND LIMITATIONS

Upon full payment for the product, PF&G warrants product of its own manufacture or assembly to be free of defects in materials and workmanship for ninety (90) days after the date of the Shipping Confirmation (“Warranty Period”).  Any warranty claim must be communicated in writing to PF&G within the Warranty Period or it will be denied.  PF&G will repair or replace, at its sole option, any defective products covered by this warranty.  All equipment and accessories not manufactured by PF&G shall be covered solely by the factory warranty of the manufacturer.  You are responsible for the method and cost of return to PF&G. No warranty will apply and no return will be accepted without PF&G’s prior written approval and must be accompanied by a return authorization number obtained in advance from PF&G. NO WARRANTY WILL BE IN EFFECT UNTIL PF&G HAS BEEN PAID IN FULL FOR THE PRODUCT PURCHASED.

Warranty Returns – Contact precisioncng@pfandg.com or toll free 844-269-5322.

If you receive a replacement product as a result of a warranty claim, credit will not be issued until the defective part is received by PF&G.  All products that are returned that are out of warranty are subject to an exchange or repair charge.

THE WARRANTY SET FORTH HEREIN IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF THE CONDITION OF THE PRODUCTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  PF&G DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS WILL OPERATE ERROR FREE; THAT THEY WILL OPERATE UNINTERRUPTEDLY; THAT THEY WILL OPERATE IN COMBINATION WITH EXISTING EQUIPMENT, HARDWARE, INFRASTRUCTURE OR SYSTEMS; THAT THE PRODUCTS MAY NOT BE COMPROMISED OR CIRCUMVENTED; THAT THEY WILL PREVENT ANY LOSS OR INJURY BY ANY PERSON, OR OTHERWISE; OR THAT THEY WILL IN ALL CASES SERVE THE PURPOSE FOR WHICH THEY ARE PURCHASED. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.  No representative of PF&G is authorized to extend any additional warranty unless approved in writing by an executive officer of PF&G.  All warranties are limited to the original purchaser and are not transferable.  You are responsible for determining whether the PF&G product is suitable for your intended use. Because of the variety of factors which go into the selection of PF&G products, some of which are uniquely within your knowledge and control, it is essential that you evaluate PF&G’s product to determine whether it is suitable for your method of use. The warranties given by PF&G do not cover, and PF&G shall not be liable for, any conditions attributable to (1) acts of God, misuse, faulty installation, physical damage, vandalism, misapplication, normal wear and tear, extreme environmental conditions, chemical attack, lack of compliance with applicable instructions, inadequate or improper maintenance, negligence, accident, tampering, alteration, substitution of inferior quality component parts or (2) the incompatibility, improper design, manufacture, installation, operation or maintenance of products, accessories, equipment or materials not supplied by PF&G.

YOUR SOLE AND EXCLUSIVE REMEDY FOR LIABILITY OF ANY KIND WITH RESPECT TO THE PRODUCTS PURCHASED ON THE SITE SHALL BE LIMITED TO THE REMEDY OF REPAIR OR REPLACEMENT, PROVIDED THAT IF REPAIR OR REPLACEMENT BECOMES IMPRACTICABLE, THEN YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE A FULL RETURN OF THE PURCHASE PRICE.  PF&G SHALL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSS OF USE, REVENUE OR PROFIT, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, EVEN IF PF&G HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  THE FOREGOING LIMITATIONS SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.  You agree that PF&G is not an insurer and no insurance coverage is offered herein.  PF&G is providing the Products for legal uses only.  PF&G is neither responsible nor liable for any unauthorized or illegal use of the Products by you or any other party. PF&G is not liable for any loss resulting directly or indirectly from your failure to obtain any and all permits or follow any law, rule, regulation or ordinance under local, state or federal law to own, install and operate any product purchased on this Site. 

IN THE EVENT YOU OR ANY NON-PF&G APPROVED PERSON MODIFIES OR UPGRADES ANY PF&G PRODUCTS OR ATTEMPTS TO DO SO, ANY AND ALL WARRANTIES SHALL BE VOID.

GENERAL TERMS

Any claim relating to (i) this Site, (ii) the materials contained on this Site, (iii) your use of this Site, (iv) any purchases of goods or services you make through this Site and (v) the privacy policy are governed by and construed in accordance with the laws of the state of Oklahoma. You consent to the exclusive jurisdiction and venue of the State and Federal courts located in Oklahoma County, Oklahoma in all claims and disputes described in this paragraph. This Site is controlled and operated by PF&G from its offices within the United States. PF&G makes no representation that the contents of this Site are appropriate or available for use in other locations outside the United States. Those who access this Site from locations outside the United States do so at their own risk and are responsible for compliance with applicable local laws. Access to this Site is prohibited in territories where the contents of this Site are illegal. PF&G will only ship products purchased through this Site to locations within the United States.

If any provision of these Site Terms is declared by a court to be invalid, illegal, or unenforceable, such provision shall be deemed severable from this agreement and the other provisions shall remain in full force and effect. The failure of PF&G to exercise or enforce any right or provision of these Site Terms shall not constitute a waiver of such right or provision. These Site Terms and the incorporated privacy policy constitute the entire agreement between PF&G and you with respect to your use of this Site, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral with respect to this subject matter; provided, however, that there may be additional written terms and conditions that govern your use of specific areas of this Site. Such additional terms and conditions, if any, will be specified in this Site.

The Site Terms and Conditions contained herein became officially effective November 1, 2014.