The Dixon Site is a business-to-business site intended and offered only for use by customers or potential customers, suppliers, partners, or employees of Dixon, with requisite authority and legal capacity to form a binding contract with Dixon and meet this requirement. If you do not meet these requirements, you must not access or use the Dixon Site.
All purchases, orders, and other transactions through the Dixon Site or resulting from your visits, are governed by the rules, policies, guidelines, warranties, and other terms and conditions that are specific to such transactions ("Transaction Terms"). You agree to comply with the Transaction Terms and agree that the Transaction Terms will have priority and control with respect to the corresponding transaction.
The Dixon Site and its contents, features, and functionality (including without limitation, the information, text, graphics, images, audio, video, catalogs, inventory, and the selection, design, look-and-feel, and arrangement) (collectively, the "Dixon IP") are the property of Dixon and its licensors, and/or the providers of such materials, and are protected by the U.S. and international copyright, trademark, patent, and other intellectual property or proprietary rights laws. Dixon IP is made available solely for and in connection with your authorized, lawful use of the Dixon Site, and Dixon IP may not be copied, stored, distributed, modified, displayed, performed, republished, excerpted, or otherwise used or exploited for any purpose, including by the creation of any derivative works. All rights not granted expressly are reserved.
The Dixon Site contains trademarks, service marks, logos, and other marks owned by Dixon or third parties ("Trademarks"). All Trademarks used on the Dixon Site are the property of Dixon or the respective owner(s), and use shall inure to the benefit of Dixon and/or the respective owner.
Security and Responsibility for Your Account
You agree that you are solely responsible for your own security in using the Dixon Site, and for implementing any precautions you consider to be necessary or appropriate for your use of the Dixon Site. You agree to provide and to maintain correct, current, and complete information for any registration or account that you may establish with Dixon. You are further solely responsible for assuring the security and confidentiality of your account information, including the security and confidentiality of your passwords. It is your responsibility to notify Dixon immediately and to take appropriate action under the circumstances if you know or suspect that there is any breach of your account.
For any account you establish for or use with Dixon or the Dixon Site, you must complete the registration process by providing Us with current, complete, and accurate information as provided in the applicable registration form. You agree that Dixon is the sole owner of the information collected via the Dixon Site. Furthermore, you are entirely responsible for any and all purchases, transactions, orders, and other activities that occur under or using your account.
- You own or control all rights in and to the User Contribution and have the right to grant the license granted above to Us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
User Contributions are not verified or approved by Us. The views expressed by other users on the Dixon Site do not represent our views or values. If you wish to complain about content uploaded by other users, please contact us.
You are responsible for any User Contributions you submit or contribute, and you, not Dixon, have full responsibility including for its legality, reliability, accuracy, completeness, currency, and appropriateness. Dixon is not responsible or liable to any third party for any User Contributions.
Do not send to Dixon any confidential or proprietary information through the Dixon Site. Any information or material sent to Dixon will NOT be treated as confidential. You also agree that Dixon is free to use any ideas, concepts, know-how, or techniques that you send Us for any purpose. However, We will not release your name or otherwise publicize the fact that you submitted materials or other information to Us unless: (a) We obtain your permission to use your name, or (b) We first notify you that the materials or other information you submit to a particular part of the Dixon Site will be published or otherwise used with your name on it; or (c) We are required to do so by law.
Termination of Access
Disclaimer of Warranty
THE DIXON SITE, INCLUDING WITHOUT LIMITATION ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES MADE AVAILABLE TO YOU VIA THE DIXON SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
EXCEPT AND SOLELY TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN WRITING, DIXON DISCLAIMS AND MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR OTHER WARRANTIES: (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, OR SYSTEM INTEGRATION; (II) CONFORMANCE TO ANY DEMONSTRATION OR PROMISE; (III) ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE; OR (IV) THAT THE DIXON SITE WILL BE FREE OF ERRORS OR DEFECTS, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN WRITING, YOUR USE OF THE DIXON SITE IS AT YOUR SOLE RISK.
Where the Dixon Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or an endorsement by Us of those linked websites or of any information you may access or obtain from them. We have no control over the contents of those sites or resources, and use or access to those sites is at your sole risk.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIXON OR ANY OF ITS AFFILIATED ENTITIES BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND, ARISING FROM OR RELATED TO THIS AGREEMENT, THE DIXON SITE OR ITS USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT DIXON’S MAXIMUM AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE DIXON SITE AND ITS USE SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES INCURRED, NOT TO EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID FOR THE TRANSACTION OR SERVICE DIRECTLY GIVING RISE TO THE DAMAGE.
THE PRECEDING LIMITATIONS AND EXCLUSIONS OF LIABILITY APPLY TO ALL TYPES AND CAUSES OF ACTION, INCLUDING FOR BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, RELIANCE, NEGLIGENCE, AND OTHER TORTS, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
We do not exclude or limit in any way our liability to you where or to the extent it would be unlawful to do so, including regarding limitations or exclusions of liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation where the law prohibits such limitations or exclusions.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Transaction Terms.
If you are a business user, without limiting any of the preceding, for the avoidance of ambiguity or doubt, we exclude all implied conditions, warranties, representations or other terms that may apply to the Dixon Site or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, the Dixon Site, (ii) use of or reliance on any content displayed on the Dixon Site, or (iii) loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
Governing Law and Jurisdiction
Waiver and Severability
Access to the Dixon Site may not be legal by certain persons or in certain countries. If you access the Dixon Site from outside the United States, you do so on your own initiative and are solely responsible for assuring your compliance with local laws.
DIXON VALVE & COUPLING COMPANY, LLC (herein called "Dixon") warrants the products described herein, and manufactured by Dixon to be free from defects in material and workmanship for a period of one (1) year from date of shipment by Dixon under normal use and service. It's sole obligation under this warranty being limited to repairing or replacing, as hereinafter provided, at its option any product found to Dixon's satisfaction to be defective upon examination by it, provided that such product shall be returned for inspection to Dixon's factory within three (3) months after discovery of the defect. The repair or replacement of defective products will be made without charge for parts or labor. This warranty shall not apply to: (a) parts or products not manufactured by Dixon, the warranty of such items being limited to the actual warranty extended to Dixon by its supplier; (b) any product that has been subject to abuse, negligence, accident, or misapplication; (c) any product altered or repaired by others than Dixon; and (d) to normal maintenance services and the replacement of service items (such as washers, gaskets and lubricants) made in connection with such services. To the extent permitted by law, this limited warranty shall extend only to the buyer and any other person reasonably expected to use or consume the goods who is injured in person by any breach of the warranty. No action may be brought against Dixon for an alleged breach of warranty unless such action is instituted within one (1) year from the date the cause of action accrues. This limited warranty shall be construed and enforced to the fullest extent allowable by applicable law.
Other than the obligation of Dixon set forth herein, Dixon disclaims all warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, and any other obligation or liability. The foregoing constitutes Dixon's sole obligation with respect to damages, whether direct, incidental, or consequential, resulting from the use or performance of the product.
Some products and sizes may be discontinued when stock is depleted or may require a minimum quantity for ordering.
Terms of Sale
- Terms: Net 30 Days
- Cash discounts: Invoice dated 1st to the 14th of the month are subject to a 1% discount if paid by the 25th of the month. Invoices dated the 15th to the end of the month are subject to a 1% discount if paid by the 10th of the following month.
- Claims: All claims must be made within 10 days of receipt of merchandise.
- Drop ship fees: Dixon will charge a flat fee of $5.00 on all drop shipments less than $100.
- Minimum order and invoice: All orders for less than $35.00 Net Value will be subject to a Minimum Net Charge of $35.00 plus transportation.
- Prepaid freight allowance: All shipments are FOB factory or branch and shipped collect unless otherwise specified. Orders totaling $1,500.00 net value or more for immediate shipment to a single location within the continental United States will be shipped freight free. Any items back-ordered against the same order will also be shipped prepaid as they become available. Method of shipment will be the most economical means available to Dixon and does not include priority shipments such as air freight.
- Returns: Material shipped as ordered may be returned only with Dixon's permission. A Credit Memo will be issued subject to a 15% handling charge (using list prices in effect at the time of purchase, less the maximum discount). Total returns in 1 year cannot exceed 5% of the previous years sales. Certain products are excluded from this general return policy; contact Dixon for information on specific products.
- Prompt payment: Orders receive preferred treatment when the account is paid promptly. Orders may be temporarily held if any unpaid invoice is over 30 days. We reserve the right to take out of the shipping and production schedules orders from accounts with unpaid invoices of 60 days or more.