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-NEW PRODUCT
NEWS-
2010
TORCHTOOLS
Brochure
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WEBSITE TERMS OF USE AGREEMENT & DISCLAIMER:
Privacy Policy CLICK
ON LINK
Distributor / Wholesaler Term
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ON LINK
BY USING (When you use, view, scroll,
download, or otherwise "use" this Site, you accept the Terms of Use; if you do
not agree to the Terms of Use, you may not use the Site.) THIS SITE AND/OR ANY PRODUCT(S) AND/OR SERVICE(S) RELATED THERETO, YOU AGREE THAT YOU HAVE READ AND
UNDERSTAND THE TERMS OF USE AND DISCLAIMER.
In this Terms of Use and Disclaimer
("Agreement") "you" and "your" refer to each consumer, customer, or website
viewer, "we," "us" and "our" refer to
BIBOW INDUSTRIES, INC., Bibow Design Group, (doing business
as:
http://www.bibowindustries.com
http://www.torchtools.com
or any and all of
our current and/or future domain names or pointers, etc.), otherwise known
as Bibow et al, its contractors,
agents, employees, directors, officers and affiliates and "Products" refers to
all products PROPRIETARILY OWNED AND OFFERED AND/OR PROVIDED by us and
"Services" refers to all services PROPRIETARILY OWNED AND OFFERED
AND/OR PROVIDED by us.
BIBOW INDUSTRIES, INC. PROVIDES THIS WEBSITE AND RELATED PRODUCT(S) AND/OR
SERVICE(S) SUBJECT TO YOUR STRICT COMPLIANCE WITH THE TERMS AND CONDITIONS SET
FORTH HEREIN. PLEASE READ THE
FOLLOWING INFORMATION CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND
BIBOW INDUSTRIES, INC. AGAIN, BY USING (When you use, click on, view, scroll,
illegally download information from this site, or otherwise "use" this Site, you accept the Terms of Use; if you do
not agree to the Terms of Use, you may not use the Site.) THIS SITE AND/OR ANY PRODUCT(S) AND/OR SERVICE(S) RELATED THERETO, YOU AGREE THAT YOU HAVE READ AND
UNDERSTAND THE TERMS AND CONDITIONS OF USE AGREEMENT AND DISCLAIMER.
YOU FURTHER AGREE TO BE RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
BIBOW INDUSTRIES, INC. reserves the
right to modify the content and/or materials on this Site and these Terms of Use
Agreement & Disclaimer periodically without prior notice.
DISCLAIMER
This website is provided "AS-IS" WITH NO REPRESENTATIONS OR WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU
ASSUME COMPLETE RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND ANY AND
ALL SITE-RELATED PRODUCT(S) AND/OR SERVICE(S). Certain state laws and/or
jurisdictions do not allow the exclusion of implied warranties, so the above
exclusion many not apply to you.
YOU ARE USING OUR PROPRIETARILY OWNED
PRODUCT(S) AND/OR SERVICE(S) AT YOUR OWN RISK!
YOU ARE USING SECOND AND/OR THIRD PARTY PRODUCT(S)
AND/OR SERVICE(S) ADVERTISED, LINKED, OR THE LIKE ON THIS SITE
AT YOUR OWN RISK!
Bibow et al., has provided air-fuel torch, air-fuel torch tip,
oxy-acetylene, oxy-propane, etc., and all-gas related torch, & torch & gas related
information for educational and/or buying purposes. We believe that the
sources of our information is accurate and complete. For example,
the information contained in Gentec product catalogues,
flyers, mailers and as listed on the Gentec website. We have
taken stringent efforts to fully and properly communicate their information to
the public on our sites. Gentec may change their product information,
safety information, etc., at any time, without constructive notice to us. Therefore,
we cannot guarantee their informational accuracy, its completeness, nor can we
guarantee that the appropriate information is accurate for the products
listed, shown, referred to or implied to. It is up to the buyer and/or
end-user(s) to FULLY READ the INSTRUCTION SHEETS provided by GENTEC, and/or the second
or third party product providers listed / show on this website or any of our
websites. We are completely held-harmless in this
regard. Again, you are using our propriety products and services at AT YOUR OWN RISK!
You are using Gentec and/or other second or third party products listed or shown
on this website or other related sites at AT YOUR OWN RISK! The
buyer, agent or end-user MUST READ and abide by all instructions provided by Gentec and/or
other product providers.
BIBOW INDUSTRIES, INC., ITS AGENTS,
REPRESENTATIVES AND EMPLOYEES ARE NEITHER RESPONSIBLE NOR LIABLE TO YOU OR YOUR
BUSINESS OR ANY ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE , OR OTHER DAMAGES ARISING OUT OF OR RELATING IN
ANY WAY OR FASHION TO THIS SITE, SITE-RELATED PRODUCT(S) AND/OR SERVICE(S) AND/OR
CONTENT OR INFORMATION CONTAINED WITH THE SITE. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THE SITE AND/OR ITS PRODUCT(S) AND/OR SERVICE(S) IS TO STOP
USING THE SITE AND/OR OUR PRODUCT(S) AND/OR SERVICE(S).
BIBOW INDUSTRIES, INC. SHALL NOT BE
LIABLE TO YOU OR YOUR BUSINESS OR ANY PERSONS AND/OR ENTITIES FOR ANY
INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED
PROFITS OR ROYALTIES OR OTHER DAMAGES WHATSOEVER OUT OF OR RELATING IN ANY WAY
TO ARISING OUT OF THIS AGREEMENT OR ANY GOODS AND/OR SERVICE(S) PROVIDED OR
RELATING IN ANY WAY TO THIS SITE, OR CONTENT OR ANY INFORMATION CONTAINED WITHIN
THIS SITE, INCLUDING WITHOUT LIMITATION , ANY DAMAGES FOR LOST PROFITS, FEES, OR
ROYALTIES, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOOD(S)
AND/OR SERVICE(S) OR FOR ANY CLAIM AGAINST YOU BY ANY OTHER PARTY, OR OTHER
PECUNIARY LOSS. BIBOW INDUSTRIES INC., SHALL NOT BE LIABLE TO YOU WHETHER
FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER
LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT
PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE
POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY
CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.
IN NO EVENT WILL BIBOW INDUSTRIES, INC. AGGREGATE LIABILITY FOR ANY AND ALL
CLAIMS RELATING TO THIS SITE AND/OR THE PRODUCT(S) AND/OR SERVICE(S) OFFERED IN
CONNECTION THEREWITH, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF
LIABILITY, EXCEED THE FEES PAID BY YOU FOR THE PRODUCT(S) AND/OR SERVICE(S).
YOU FURTHER ACKNOWLEDGE THAT THIRD
PARTY PRODUCT(S) (TORCHES AND THE LIKE) AND/OR SERVICE(S) MAY BE ADVERTISED OR
OTHERWISE BE SHOWN AND/OR OFFERED ON THIS SITE. BIBOW INDUSTRIES INC. MAY
OFFICIALLY OR UNOFFICIALLY FORM ALLIANCES, MARKETING AGREEMENTS,
"PARTNERSHIPS", OR SOME FORM OF BUSINESS RELATIONSHIP etc. WITH SOME OF THESE VENDORS IN ORDER TO FACILITATE THE
PROVISION OF THEIR RESPECTIVE PRODUCT(S) AND/OR SERVICE(S) TO YOU.
HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS BIBOW INDUSTRIES, INC.
MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCT(S)
AND/OR SERVICE(S), NOR WILL BIBOW INDUSTRIES INC. BE LIABLE TO YOU OR ANY ENTITY
OR THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD
PARTY PRODUCT(S) AND/OR SERVICE(S). YOU HEREBY DISCLAIM AND WAIVE ANY
RIGHTS AND CLAIMS YOU MAY HAVE AGAINST BIBOW INDUSTRIES, INC. WITH RESPECT TO
THIRD PARTY PRODUCT(S) AND/OR SERVICE(S), TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
You understand and agree that any
material(s) and/or data downloaded or otherwise obtained by the use of our
Site, or other Sites, and/or product(s) and/or service(s) is done at your own discretion and risk and that
you will be solely responsible for any and all damages to your computer system(s)
or loss of data that results from the illegal / legal download(s) and/or use of such material(s)
and/or data. We make no warranty regarding any good(s) and or
service(s) purchased or obtained or any transactions entered into with Bibow
Industries, Inc. No advice or information whether oral and/or
written, obtained by you from Bibow Industries, Inc. shall create any warranty
not expressly made herein. Some state laws and/or jurisdictions do not allow the
exclusion of certain warranties, so some of the above exclusions may not apply
to you.
BIBOW INDUSTRIES, INC. at its sole
discretion may choose to change the terms, conditions and operation(s) of this
site at anytime. By using our product(s) and/or service(s), you the
user, customer, viewer, entity, etc. waive any rights or claims you may have
against BIBOW INDUSTRIES, INC.
The content and/or materials available through the Site
is the sole property of Bibow Industries Inc. or of one of the second or third parties
listed and/or advertised or advertising (past or present) on our website, or of its licensors and is
protected by copyright, trademark, and other intellectual property laws.
Except as otherwise explicitly agreed in writing, BIBOW INDUSTRIES, INC. owned
content received through this Site may only be downloaded, displayed, reformatted and
printed for your personal, NON-COMMERCIAL, NON-REVERSE ENGINEERING use only!
Content owned by BIBOW INDUSTRIES, INC., licensors may be subject to additional
restrictions. You agree not to reproduce, retransmit, distribute,
disseminate, sell, publish, broadcast or circulate any and all content received through the Site to anyone,
including but not limited to others in the same company or organization without BIBOW INDUSTRIES, INC.'s express prior written consent.
With regards to our products' instruction sheet(s), the English-To-Spanish
translations were provided by:
www.freetranslation.com As such, we cannot guarantee or verify the
accuracy of the translation, its accuracy, appropriateness, nor applicability.
Furthermore, we cannot assure that ALL of our products were packaged and/or
outfitted with English-to-Spanish instruction sheets or if they were read and/or
followed. Again, you are using our proprietary products as your own risk!
The end-user is using our proprietary products at their own risk! We
reserve the right to change, modify, include, exclude any and all language
translations from our instruction sheets, regardless of race, nationality,
citizenship, education level, and abilities to read and/or write etc. in any and
all languages. We are completely held harmless in this regard.
GOVERNING LAW
By using (click on, viewing, scrolling, or legally or illegally down-loading information from
this Site without our written and oral permission) this Site, or using any of
our products, including reviewing our products for licensing, buying, or any
possible business engagements with us, etc., you submit to the exclusive jurisdiction in
either: the Court
of Suffolk County, NY or in the United States District Court for the Eastern
District of New York, and the venue of any action shall be in the County of
Suffolk or: the Middle District Court of Florida-Tampa Division, whatever
venue / location we reserve the right to choose. The parties consent irrevocably to the jurisdiction over them of
either of the aforementioned Courts in any such action or proceeding. As such,
you waive any jurisdictional, venue, or inconvenient forum objections to such
courts.
THIS SITE IS NOT A SUBSTITUTE FOR
LEGAL COUNSEL.
The content and/or materials posted on
www.bibowindustries.com,
www.torchtools.com or any and all of our
other domain names and/or pointers and/or web forwarders, etc. are provided for
public informational purposes only, and do not constitute individualized legal
advice. Your review of the posted content and/or materials does not
establish any form of attorney-client privilege and/or relationship in any
capacity between you and BIBOW INDUSTRIES, INC. You should consult
qualified legal counsel to determine the current law and how it may apply to
your unique situation.
INTELLECTUAL PROPERTY
BIBOW INDUSTRIES, INC., reserves all of our rights in the graphic image and
text, slogans, any other images, our trade names and trademarks, copyrights and any and
all intellectual property rights: patents, patents pending, non-disclosure
documents, disclosure documents, provisional patents, process patents pending,
etc... BIBOW INDUSTRIES, INC.'s trade names,
trademarks, logos and service names and similar proprietary marks shall not be
reprinted or displayed in any form without the express written permission of the
firm. The unique trade dress of the Site is also a service mark of BIBOW
INDUSTRIES, INC.
COPYRIGHT AND TRADEMARKS
All content and/or materials within this Site, including, but not limited to
product pictures, product packaging, product bundlings, accessory bundlings, product packaging
concepts, product bundling concepts, accessory bundling concepts, slogans, statements, text, risk-reward analysis, insurance premium reduction
strategies and/or concepts, software, graphics, icons, logos and/or images are
either property of BIBOW INDUSTRIES, INC., or of one or more of the third
parties listed and/or displayed on this Site. Except as provided herein,
no portion of the content and/or materials on these pages may be reprinted or
republished, or downloaded in any form without the express written and oral permission of the firm.
LINK DISCLAIMER
Links to other sites are provided only as a courtesy to BIBOW INDUSTRIES,
INC. customers and potential customers, etc. These links do not constitute an endorsement of products,
services or information provided by other sites or third parties. Furthermore, the
inclusion of links to other sites does not imply that the other sites have given
permission for inclusion of these links, or that there is any relationship
between BIBOW INDUSTRIES, INC and the linked site(s). BIBOW INDUSTRIES, INC is not
responsible for the privacy practices or the content of others websites. BIBOW
INDUSTRIES, INC. hereby disclaims any and all representations or warranties
expressed on any site other than our own.
EMAIL TRANSMISSIONS
BIBOW INDUSTRIES, INC. uses an online secure order form for customers
to apply for our Product(s) and/or Service(s). When you send BIBOW INDUSTRIES, INC.
an EMAIL = electronic mail transmission (as distinguished from a secure order form,
which is encrypted), the electronic mail transmission is not necessarily secure
and is not encrypted. Accordingly, email transmissions are not necessarily
protected from unauthorized access. Transmission of email is at your own risk.
BIBOW INDUSTRIES, INC. cannot accept responsibility for your transmission of
confidential information or any obligation with respect to that information.
SUBMISSION OF CORRECT INFORMATION BY
YOU
You agree that you are responsible for the correct spelling and other information
and/or corporate information forwarded to BIBOW INDUSTRIES, INC.. You agree that
you have double-checked all information provided to BIBOW INDUSTRIES, INC. prior
to forwarding and that all information provided to BIBOW INDUSTRIES, INC. is
exactly as you desire for BIBOW INDUSTRIES, INC. to perform the various
product(s) and/or service(s)
requested. You understand that the request for Products and/or Services with the
information you provide is not reversible after you submit your request.
Submission of credit card information via our website, via facsimile, or
otherwise authorizes BIBOW INDUSTRIES, INC. to charge your credit card for the
Products and/or Services.
RIGHT OF REFUSAL
BIBOW INDUSTRIES, INC., in its sole discretion, reserves the right to refuse
to provide Product(s) and/or Service(s) to you. You agree that BIBOW INDUSTRIES,
INC. shall not be liable to you for loss or damages that may result from our
refusal to provide Product(s) and/or Service(s).
SEVERABILITY
In any event that any of the provisions of this Agreement are held to be
unenforceable, such provisions shall be limited or eliminated to the minimum
extent possible and/or necessary so that this Agreement shall otherwise remain
in full force and effect.
COMPLIANCE WITH APPLICABLE LAWS
You agree that you are in strict compliance with all applicable laws and/or
regulations pertaining to or governing your use of this Site, and you agree to
indemnify and hold BIBOW INDUSTRIES INC., harmless from and against any and all
claims, damages, losses, or obligations suffered or incurred by you arising from
your failure to comply.
WAIVER
No term or provisions hereof and/or herein shall be deemed waived and no breach
excused, unless such waiver or consent shall be in writing and signed by the
party and/or entity claimed to have waived or consented. Any consent by
any party and/or entity to, or waiver of a breach by the other, whether express
or implied, shall not constitute consent to, waiver of, or excuse for any other
different or subsequent breach.
ENTIRETY
You agree that this Agreement amounts to the complete and exclusive agreement
between you and BIBOW INDUSTRIES, INC. regarding our Product(s) and/or
Service(s). This Agreement clearly supersedes any prior agreements and
understandings, whether oral or written and whether established by custom,
practice, policy or precedent or the like.
CHANGES
Again, BIBOW INDUSTRIES, INC. may modify and/or change this Agreement at any
time by making such changes and/or modifications on this page.
AGAIN, BY USING (When you use, view, scroll,
legally or illegally download, or otherwise "use" this Site, you accept the Terms of Use; if you do
not agree to the Terms of Use, you may not use the Site.) THIS SITE AND OR ANY
PRODUCT(S) AND/OR SERVICE(S) RELATED THERETO, YOU AGREE THAT YOU HAVE READ AND
UNDERSTAND THE TERMS OF USE AND DISCLAIMER.
PRICING & POLICES
Bibow Industries Inc. is determined to provide distributors with advanced notice
of price changes: increases and/or decreases. We reserve the right to
change prices, policies, etc. without advanced notice. Prices are
effective on the specific date as received. Orders with distant ship dates
will be invoiced as per pricing in effect on the date of shipment.
PAYMENT TERMS:
Net 10 days. Bibow Industries reserves the right to charge 5% interest
per month on past due invoices. Delinquent accounts are subject to
shipments made only on C.O.D. terms.
CLAIMS:
Claims for any shortage must be received within 10 business days of order
arrival.
FREIGHT POLICY
Most distributors provide us with their FEDEX, UPS or
equivalent shipping account number(s) that we hold in the strictest of
confidence, or Bibow Industries charges applicable shipping rates. All
shipments are FOB Huntington, NY. More specifically,
Free On
Board" means that the
buyer has to bear all costs and risks of loss of or damage to the goods from
that point
PURCHASE(S) OF PRODUCT(S) AND/OR SERVICE(S) BY AGENT(S)
You agree that, if an agent for you (e.g., employee, attorney, certified
public accountant, etc.) purchased our Product(s) and/or Service(s) on your behalf,
you are nonetheless bound as a principal by all terms and conditions herein.
RETURNED MERCHANDISE
Bibow Industries, Inc. will accept returns from customers: contractors-end
users, wholesalers, distributors, etc., for credit on new and saleable items
not to exceed 2% of the prior years purchases. Items must be less than 1
month from date of purchase--unused and undamaged in original packaging to qualify.
Returned merchandized is subject to a 25% restocking fee. All returns are
subject to a visual inspection by management upon return. Bibow Industries must issue an RGA number prior to
shipment or receipt of returned merchandise. Subsequent credits will be
based upon prices in effect at time of sale.
WARRANTY CREDIT:
A RGA number must be issued prior to shipment or receipt of merchandise.
Product with RGA number will be shipped and paid for by the "buyer" to
Huntington, NY. Bibow Industries may elect to issue credit or replacement.
GOVERNING LAW:
By using this Site, (clicking on, viewing, scrolling, or legally or illegally down-loading
information from this Site without our written and oral permission), or using
any of our products, including reviewing our products for licensing, buying, or
any possible business engagements with us, etc., you and/or engaging in any business with us in any capacity, you submit to the
exclusive jurisdiction in either: the Court
of Suffolk County, NY or in the United States District Court for the Eastern
District of New York, and the venue of any action shall be in the County of
Suffolk or: the Middle District Court of Florida-Tampa Division, whatever
venue / location we reserve the right to choose. The parties consent
irrevocably to the jurisdiction over them of either of the aforementioned Courts
in any such action or proceeding. As such, you waive any jurisdictional, venue,
or inconvenient forum objections to such courts. |
WWW.TORCHTOOLS.COM™
