Terms

Legal Information

This and other Web Sites (collectively the "Site") owned, operated, licensed, or controlled by HCRBrands or any of its related or affiliated divisions (together HCRBrands) is for your personal and business use. Your access to and use of the Site is subject to the following Terms and Privacy Statement. HCRBrands reserves the right to update the Terms and Privacy Statement at anytime without notice to you. The most current version of the Terms and Privacy Statement are available on the Site by clicking the "Terms and Privacy Policy" hyperlink at the bottom of the page. If you do NOT agree to the following Terms and Privacy Statement, please do NOT use this site.

Restrictions on Use

Material from the Site may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of HCRBrands

Restriction of Liability

HCRBrands will not be liable for any damages or injury caused by, including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. HCRBrands will not be liable for any damages or injury, including, but not limited to, special consequential damages that result from the use of, or the inability to use, the materials in this Site, even if there is negligence by HCRBrands. The above limitation or exclusion may not apply to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. HCRBrands's total liability for all losses, damages, and causes of action (in contract, tort [including without limitation, negligence], or otherwise) will not be greater than the amount paid to access the Site.

Jurisdiction

Except as stated otherwise, all materials in the HCRBrands Site are made available only to provide information. HCRBrands controls and operates this Site from its headquarters in Emigsville, Pennsylvania, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable state and local laws. The Terms and Privacy Statement are governed and interpreted under the laws of the State of Pennsylvania, United States of America. By using this Site you consent to the jurisdiction of the courts located in Pennsylvania for any action arising from the Terms and Privacy Statement. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. If any part of these Terms and Privacy Statement is deemed unlawful, void or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. The failure of HCRBrands to act with respect to a breach of the Terms and Privacy Statement by you or other does not constitute a waiver and shall not limit any party's rights with respect to such breach or any subsequent breaches.

Online Store

The HCR online store is subject to all of the terms of the HCR site. Prices on the HCR online store can change at anytime. Prices on the HCR online store may vary from quoted and in-store prices. In stock quantities may vary. We make every effort to provide accurate product information and in-stock quantities, however product information and in-stock quantities may be changed or updated at anytime. Online payments are processed through PayPal, our secure third-party payment processor.

Disclaimer

The material in this Site could include technical inaccuracies, or typographical errors. HCRBrands may make changes or improvements at anytime. The materials in this site are provided "as is" and without warranties of any kind either expressed or implied. If at anytime you believe you encounter an error on the Site you may contact the home office of HCRBrands for clarification.

Privacy Statement

HCRBrands is very sensitive to the privacy concerns of the visitors to the Site. At no time will HCRBrands sell, trade, lend, or hand over any personal information collected from visitors of the Site except in those circumstances required by law. As a normal practice HCRBrands records all visitors IP Address in a secured database on our server. This information is used to track Site and page usage to provide a better user experience to our customers. This data may also be used to help trace and prevent cyber attacks on the Site and other systems operated by HCRBrands. In addition HCRBrands uses various analytic tools to track users and their habits. The information collected can include, but is not limited to ip address, operation system, browser type and version, page views, time on pages, errors encountered, links clicked, and conversion data. At times HCRBrands may voluntarily collect information from users. This information can include, but is not limited to, email address, company name, shipping/billing address, source of referral, and interest. This information's sole purpose is to provide customers and site visitors with a better user experience. HCRBrands reserves the right to share non personal group data collected with our partners. Group data consists of total page views, total clicks, basic demographic information, regional views, average time spent on specific pages and other non personal information. Any page that collects personal or sensitive data is secured through extended validation SSL certificates. These certificates protect any and all information gathered or entered into the Site.

Inspections/PM

HCRBrands makes every effor to ensure safe and proper operation of each piece of equipment at the time of inspection. The condition of this equipment can change at any time after the inspection has been completed. It is your responsibility to ensure daily operator inspections are being completed to OSHA, ANSI, and Insurance requirements/standards. If at any time the piece of equipment begins to malfunction and/or does not meet these requirements, immediately lockout the equipment and contact HCRBrands for service. HCRBrands is not responsible for any injury or damage caused by the lack of operator training, misuse of equipment, failure to perform daily inspections to OSHA, ANSI, and Insurance requirements/standard, improper installation, manufacturer/engineering defects, changes or alterations made after the inspection (including removal of hook latch or safety tag), and/or acts of god. HCRBrands operates its corporate office in York, Pennsylvania, United States of America. You agree to the jurisdiction of the courts located in York, Pennsylvania, United States of America for any action arising from these terms. If any portion of the above terms is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall be constructed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining prevision. The failure of HCRBrands to act with respect to breach of these terms by your or others does not constitute a waiver and shall not limit any party's rights with respect to such breach or any subsequent breaches.

Discounts

Guardian Assurance Package (GAP) discounts apply to onsite labor charges (travel labor is not included). By accepting the GAP discount, you agree to complete and pay for all inspections included in that package. If you are to terminate service, your company will be back charged for all previous GAP discounts received within the package term.

Payment Terms

Unless otherwise specifically stated in writing and signed by both parties, payment terms are:

  1. Net 30 days from date of invoice.
  2. Purchaser may not setoff any amounts due or payable to HCRBrands against any claim or charge Purchaser may have against HCRBrands.
  3. HCRBrands reserves the right to file a Mechanic's Lien on the parts/equipment in this quote in the event the Purchaser fails to completely pay all balances on the order or future orders.
  4. HCRBrands reserves the right to terminate service due to non-payment. Termination of service dues to lack of payment does not waive the purchasers responsibility to complete the inspection package agreement and/or pay for previous or future service.
  5. Should HCRBrands have to resort to collection effort to collect any amounts due, the Purchaser agrees to pay internal/external collection fees, resonable attorney fees, court costs, and interest.
Invoice Terms
Payment Terms:

Unless otherwise specifically stated on the attached invoice:

  1. Payment terms for approved purchasers are net thirty (30) days.
  2. HCRBrands reserves the right to file for collection on any unpaid invoices. All fees, including reasonable attorney fees, incurred by HCRBrands will be the responsibility of the purchaser. Your MyHCR account can be suspended at any time due to lack of payment.
  3. HCRBrands reserves the right to remove, disable, or dismantle parts, equipment, and/or systems that are not paid for within one hundred (100) days.
Finance Charges:

Unless otherwise specifically stated on the attached invoice:

  1. HCRBrands reserves the right to charge finance charges on all invoices seven (7) days or more past due.
  2. A finance charge of 1.5% will be charged monthly on past due invoices until payment is received.
  3. Finance charges will be filed on past due finance charges at the rate of 1.5% per month.
Legal Action:

Unless otherwise specifically stated on the attached invoice:

  1. HCRBrands reserves the right to take legal action against a customer for any unpaid invoices and/or any damages caused by the lack of payment. All legal and reasonable attorney fees incurred by HCRBrands are the responsibility of the purchaser.
  2. Any terms found to be unlawful shall be deemed null and void. Such findings does not institute a breach of contract. All reaming terms shall remain in full effect.
Changes & Alterations:

Unless otherwise specifically stated on the attached invoice:

  1. All typographical errors are subject to correction.
Payment Terms:

Unless otherwise specifically stated on the attached invoice:

  1. Payment terms for approved purchasers are net thirty (30) days.
  2. HCRBrands reserves the right to file for collection on any unpaid invoices. All fees, including reasonable attorney fees, incurred by HCRBrands will be the responsibility of the purchaser. Your MyHCR account can be suspended at any time due to lack of payment.
  3. HCRBrands reserves the right to remove, disable, or dismantle parts, equipment, and/or systems that are not paid for within one hundred (100) days.
Finance Charges:

Unless otherwise specifically stated on the attached invoice:

  1. HCRBrands reserves the right to charge finance charges on all invoices seven (7) days or more past due.
  2. A finance charge of 1.5% will be charged monthly on past due invoices until payment is received.
  3. Finance charges will be filed on past due finance charges at the rate of 1.5% per month.
Legal Action:

Unless otherwise specifically stated on the attached invoice:

  1. HCRBrands reserves the right to take legal action against a customer for any unpaid invoices and/or any damages caused by the lack of payment. All legal and reasonable attorney fees incurred by HCRBrands are the responsibility of the purchaser.
  2. Any terms found to be unlawful shall be deemed null and void. Such findings does not institute a breach of contract. All reaming terms shall remain in full effect.
Changes & Alterations:

Unless otherwise specifically stated on the attached invoice:

  1. All typographical errors are subject to correction.
Pricing

Unless otherwise specifically stated on the attached purchase order, prices are:

  1. Deemed valid at time of purchase order acceptance.
  2. Shown in USD.
  3. Subject to 2% discount Net 30.
Payment Terms

Unless otherwise specifically stated on the attached purchase order, payment terms are:

  1. Net 90 Days.
  2. Purchaser may setoff any amounts due or payable to vendor against any claim or charge purchaser may have against vendor.
  3. HCRBrands does not pay finance, interest, or collections charges for any reason
Shipping

Unless otherwise specifically stated on the attached purchase order:

  1. All ground, 2 day, and overnight domestic parcel shipments must be sent via FedEx using account number 5578-5242-5 unless cube or dimensions prevent it. All freight shippments including LTL, Truckload, and Time-Critical must be sent via PNG Logistics CO at (877) 7649441 or email info@pnglc.com. List HCRBrands as third party payer.
  2. Failure to follow all routing instructions will result in back charges to your account in undisclosed amounts.
  3. HCRBrands will not accept COD shippments. The shipper is responsible for all associated charges.
Taxes:

Unless otherwise specifically stated on the attached purchase order:

  1. Sales Tax shall not be charged. HCRBrands is a tax-exempt reseller registered in the states of Pennsylvania, Maryland, New Jersey, Delaware, New York, West Virginia, Virginia, and Oklahoma.
Legal Action

Unless otherwise specifically stated on the attached purchase order:

  1. HCRBrands reserves the right to take legal action against a vendor for failure to perform, negligence, and/or damages caused by the fault of the vendor. All legal and reasonable attorney fees incured by HCRBrands are the responsibility of the vendor.
  2. HCRBrands, its parent or subsidiary companies, and their stakeholders are not responsible for vendor legal or collection fees.
  3. Any terms found to be unlawful shall be deemed null and void. Such findings does not institute a breach of contract. All remaining terms shall remain in full effect.
Acceptance

Unless otherwise specifically stated on the attached purchase order:

  1. Vendor accepts terms at time of order acceptance. If you do not agree to these terms, do not process the HCRBrands purchase order.
  2. All typographical errors are subject to correction. Any changes, including quantity require a revised purchase order.
  3. HCRBrands purchase order terms supersede any contradictory terms on the vendors quote or contract. HCRBrands does not agree to any conflicting terms or conditions proposed by the vendor.
  4. These terms cover HCRBrands, its parent, sister, or subsidary companies, and their stakeholders.

By signing the HCRBrands delivery receipt, I the purchaser agree that my company will pay the official HCRBrands invoice matching the HCR Order Number listed above. If my company refuses payment on this invoice HCRBrands has the right to place my companies account on hold, charge finance charges on the unpaid invoice, and HCRBrands has the right to take legal action against my company for the unpaid invoice and/or any damages caused by the lack of payment on my behalf. I the purchaser agree to these terms, and the HCR quote and invoice terms available at HCRBrands.com/terms.php. My name will be listed as the signee and witness of work on the official HCRBrands delivery receipt.

Customer must provide HCRBrands (HCR) with an official Competitor Quote. Competitor quote must be comparable to the HCR quote. Questions may be asked about the competitor quote, competitor pricing, and or means of obtaining the competitor quote. Manufacture quotes will not be accepted. HCR will not beat pricing on an order already invoiced. HCR will not beat competitor promotion pricing that has already expired. HCR reserves the right to change these terms at any time without notice. HCR will make every effort to beat any quoted price, while reserving the right to deny any "lowest price request" for any reason.

  1. Lowest Price Guaranteed: *Customer must provide HCRBrands (HCR) with an official Competitor Quote. Competitor quote must be comparable to the HCR quote. Questions may be asked about the competitor quote, competitor pricing, and or means of obtaining the competitor quote. Manufacture quotes will not be accepted. HCR will not beat pricing on an order already invoiced. HCR will not beat competitor promotion pricing that has already expired. HCR reserves the right to change these terms at any time without notice. HCR will make every effort to beat any quoted price, while reserving the right to deny any "lowest price request" for any reason.
  2. Money Back Guarantee: ^ An HCR refund request must be completed within 10 business days of service. Parts, gas, and administrative fees (if applicable) will still be charged.
  3. Dispatch Time Guarantee: ~ HCR will make every effort to have a team dispatched to emergency breakdowns reported Monday – Friday between the hours of 6:30AM and 1:30PM EST within 1 hour. Overtime fees may apply to jobs requiring labor past 3:00PM. Emergency breakdown fees may apply.
  1. HCRBrands reserves the right to take and publish pictures of system installs at any customers facility.*
  2. HCRBrands reserves the right to use and publish customers logos unless contractually obligated otherwise.*
  3. *All outside pictures and company logos are copyrights of their registered owners. HCRBrands in no way claims ownership of any outside pictures or company logos.