TERMS OF USE

Revision Date: 4 October 2023

  1. Terms of Use of Discflo.com. Discflo Corporation (hereinafter, “Discflo,” “we,” “our,” or “us”) operates www.Discflo.com (hereinafter, this “Website”) for You, the end-user of this Website and/or customer of Discflo (“You” or “Your”), for purposes of providing information relating to Discflo’s disc pumps and related services available to You for purchase. Your usage of this Website and/or purchase of any related products and/or services available for purchase from Discflo are governed by these Terms of Use (hereinafter, “Terms”), which may be updated and amended by Discflo from time to time. Your usage of this Website in any capacity and/or the purchase of any products or services from Discflo constitutes Your acceptance and consent to be bound by these Terms. If You do not wish to accept these Terms, You must immediately cease usage of this Website and not use or purchase any products or services from Discflo. These Terms apply to Your use of this Website, any requests You place through this Website, and Your use of any products or services purchased through Discflo.
 
  1. Links to Third-Party Sites. This Website may include or provide links to other websites, advertisements, offers, activities, or other content which is not owned, controlled, or otherwise influenced by Discflo. Some information available through this Website may be subject to the applicable terms, conditions, and disclosures of third parties. Any provided third-party materials containing information related to third parties are provided for Your reference and convenience only and do not imply any endorsement, sponsorship, or recommendation by Discflo. Discflo makes no representations or warranties with respect to the content, ownership, or legality of any such third-party sites or other content. You agree that Discflo has no responsibility or liability for the availability of such third-party sites or other content.
 
  1. Disclaimer of Warranties With Respect to Use of Website. This Website is provided on an “as-is” and “as-available” basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, Discflo expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. While Discflo uses reasonable efforts to include accurate and up-to-date information on this Website, Discflo does not make any warranty that this Website will meet Your requirements, that access to this Website will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. Discflo makes no warranties as to the results that may be obtained from the use of this Website or as to the accuracy, quality, or reliability of any information obtained through this Website. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of this Website is used at Your own risk and that You will be solely responsible for any damage to Your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by You from Discflo or through this Website shall create any warranty not expressly made herein.
 
  1. Privacy. Discflo will use information gathered from Your usage of the Website and that You otherwise provide, as indicated in the Privacy Policy, located at: www.Discflo.com/PrivacyPolicy. That Privacy Policy addresses our collection and use of the data You provide to us, including Your rights relative to that information. Please review the Privacy Policy before You use this Website. If You are unwilling to accept the terms and conditions of the Privacy Policy, we ask that You not use this Website or purchase any products or services from Discflo.
 
  1. Suspension of Website and/or Products Listed for Sale. You agree that Discflo, in its sole discretion and at any time, may modify, discontinue, or suspend the operation of this Website or any portion thereof, whether temporarily or permanently, without notice to You. You expressly agree that these Terms do not create any right for You to perpetually access this Website or any information contained therein, and that Discflo is not liable to You for any actions it may take in continuing or suspending operations of this Website or any portion thereof.
 
  1. Ownership and Intellectual Property. This Website is owned and operated by Discflo. All rights, titles, and claims to the content and information used on this Website are the property of Discflo, and/or its authorized agents, partners, affiliates, subsidiaries, or other third-party partners. With the exception of the limited license to You described in this provision, nothing on this Website is intended to create any transfer of any ownership and intellectual property rights to You, and You acknowledge and agree that the information and content available through this, including but not limited to, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers, are protected by copyrights, trademarks, patents, and/or other proprietary rights and laws. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on this Website and/or any content or information available on this Website. You are granted a non-exclusive, non-transferrable, revocable, limited license to view, copy, and print content and information on this Website for the limited purposes of using this Website as an informational resource related to the products and services contained on this Website; You may not copy or use the content or information from this Website for any other purpose. You may not copy, reprint, redistribute, modify, or sell information or content retrieved from this Website for any commercial purpose or provide it to another commercial source without the express and prior written consent of Discflo. Any rights not granted herein are expressly reserved to Discflo.
 
  1. Prices and Change Orders. Prices provided to You by Discflo are firm for sixty (60) days from the date of Your quotation or proposal from Discflo, unless indicated otherwise by Discflo in writing. Prices do not include any Federal, State, or Local sales or use taxes, or insurance, which may be applicable to the sale. All prices are F.O.B. Santee, California. Typographical and stenographic errors are subject to correction. Notice of any change in Your order must be made in writing and sent to Discflo pursuant to the notice requirements of these Terms, and Discflo must confirm receipt of Your change order and communicate approval to You in writing in order for any such change order to be deemed effective.
 
  1. Terms of Payment and Title. Terms of payment are as specified in the quotation or proposal You have received from Discflo. If the terms of payment are not specifically provided in Your quotation or proposal, then the payment terms shall be net thirty (30) days from the date of equipment shipment and/or service delivery by Discflo. Further, You understand and agree that these terms of payment, and these Terms, generally, supersede any payment terms that may be contained on purchase orders or other similar such payment documents provided by You that relate to your purchase of equipment and/or services from Discflo, unless any such terms contained on a purchase order or similar payment document are expressly approved by Discflo in writing. All invoices over thirty (30) days past due will be charged interest at a rate of one-and-one-half percent (1.5%) per month. In the event that You fail to pay as agreed in Your purchase contract, Discflo will have the right to immediate possession of any equipment for which You have not paid in full and will have the right to enter upon the premises where the equipment is located and to remove the same. In the event that Discflo needs to engage in debt collection activities or litigation resulting from Your past due invoice, You will pay all costs and expenses incurred, including court costs, equipment retrieval costs, attorneys’ fees, pre-judgment interest at the maximum rate permissible under California law, post-judgment interest at the maximum rate permissible under California law, and a one-time administrative fee of ten percent (10%) of the past due amount.
 
  1. Delivery, Inspection of Equipment, Installation of Equipment, and Return Policy. All shipping dates are tentative, based on current equipment availability. If You request equipment to be delivered to a location outside of the United States, You shall, at Your sole cost and expense, be responsible for obtaining all licenses and permits and for satisfying all formalities as may be required to export the goods outside of the United States and to import them into any other country in accordance with then prevailing laws, rules, and regulations (hereinafter, “Import/Export Controls”). You will at all times (a) conduct Your activities in strict compliance with all applicable laws, rules, regulations, and governmental orders; (b) pay any and all applicable taxes, fees, and other charges required by such laws, rules, regulations, and governmental orders; and (c) have and maintain in full force and effect any and all licenses, permits, authorizations, registrations, and qualifications from all governmental ministries, authorities, and agencies. You will not, directly or indirectly, do or fail to do anything that will or could constitute a violation of the Export/Import Controls or other laws and regulations of a similar purpose, applicable in the United States or ay other country having proper jurisdiction.

    You shall immediately inspect the equipment upon arrival and shall give written notice to Discflo within forty-eight (48) hours of the arrival of the equipment of any claim that the equipment does not conform to the specifications or terms of Your order. Inspection of the equipment must occur at Your facilities or at any other place to which You have requested the equipment be delivered. Installation, rigging, mounting, erection, electrical, final alignment, and/or startup of any equipment delivered to You is not included unless specifically stated in your quotation or proposal from Discflo. Supervisory assistance is available for installation, erection, and startup at current Discflo rates, plus all travel, meal, and lodging expenses for any Discflo personnel necessary to provide You with any ordered supervisory assistance.

    Discflo is not responsible for damages or losses due to delays, for any cause. Orders accepted by You cannot be returned without first completing and submitting to Discflo a Return Material Authorization (hereinafter, “RMA”) form and being issued an RMA Number from Discflo. The RMA Number must be clearly displayed on the outside packaging of the returned goods. SHIPMENTS SENT WITHOUT AN RMA NUMBER WILL NOT BE ACCEPTED. Shipping charges on authorized returns must be prepaid by You unless otherwise specified. No returns are permitted on submersibles, special builds, or modified pumps. Discflo equipment with an RMA Number must be returned within 30 days and will be subject to a 25% restocking fee.
 
  1. CANCELLATIONS. In the event You cancel Your order after it is placed, You agree to pay Discflo an amount equal to twenty-five percent (25%) of the total price of the contract value of Your order, plus any actual costs of labor, materials, overhead, and related direct costs and expenses incurred by Discflo in connection with Your order.
 
  1. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable laws, Discflo disclaims ALL implied warranties, including without limitation the implied warranties of fitness for a particular purpose and non-infringement. DISCFLO IS NOT LIABLE OR RESPONSIBLE FOR ANY LOSSES OR DAMAGES YOU SUSTAIN AS A RESULT OF IMPROPER OPERATION, USE, MAINTENANCE, MISUSE, OR ABUSE of ANY DISCFLO EQUIPMENT AND/OR SERVICE(S) YoU HAVE ORDERED AND RECEIVED FROM DISCFLO. DISCFLO IS NOT LIABLE FOR ANY DAMAGE TO ANY OF YOUR PROPERTY DUE TO THE SALE, INSTALLATION, OR USE OF ANY EQUIPMENT AND/OR SERVICE(S) DELIVERED TO YOU BY DISCFLO. These warranty terms, conditions, and limitations allocate the risks of product or service failure between Discflo and You, the purchaser, of Discflo products. This allocation of risks is recognized by both parties and is reflected in the price of Discflo’s products. By using any Discflo products, You acknowledge that You have read and understand these Terms and expressly agree to be bound by these Terms.
 
  1. Warranty. Discflo warrants to the original purchaser of Discflo-manufactured equipment that the equipment is free from defects in materials and workmanship for a time period of either one (1) year from the date of start up of the equipment, or fifteen (15) months from the date of equipment delivery, with the warranty expiring on the earlier of those two possible dates. In order to be eligible for the warranty, You must register Your purchased Discflo product by providing all required warranty registration information in the warranty registration form located at www.discflo.com/warranty. Discflo guarantees to repair or replace any FOB Discflo factory equipment found to be defective, provided that written notice of the alleged defect is received by Discflo pursuant to Section 9 of these Terms. EXPRESSLY EXCLUDED FROM THIS WARRANTY PROVISION CONTAINED IN SECTION 12 OF THESE TERMS ARE ANY DAMAGES TO EQUIPMENT CAUSED BY ORDINARY WEAR AND TEAR, EROSION, CORROSION, OR BY MISUSE, ABUSE, OR IMPROPER HANDLING OF THE EQUIPMENT BY YOU OR ANY THIRD PARTY. DISCFLO MAKES NO ADDITIONAL WARRANTY, WHETHER EXPRESS OR IMPLIED, RELATING TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, OTHER THAN AS PROVIDED IN SECTION 12 OF THESE TERMS. Equipment parts or accessories manufactured by others carry the guarantees or warranties of the manufacturer of that part or accessory only. Any warranties or claims which differ from the terms set forth in this Section 12 are unauthorized by Discflo and will become the warranty of the party making such warranties or claims, unless such warranties or claims are expressly authorized in writing by an officer of Discflo.
 
  1. Force Majeure and Risk of Loss. Discflo will not be liable for damages arising from its failure to make or delay in making delivery because of any fire, flood, strikes, riots, embargoes on freight, accidents, insurrections, lockouts, breakdown of machinery, loss or damage of goods in transit, acts of God, or any other similar such circumstances or unavoidable cause beyond the control of Discflo. In no circumstances will Discflo be liable for any loss or damage to equipment after delivery of the equipment in good order and condition to the shipping carrier responsible for delivery of the equipment to You.
 
  1. Confidentiality. All specifications, documentation, pricing information, and any other confidential or proprietary information (hereinafter, “Confidential Information”) of Discflo are the property of Discflo. Confidential Information may be provided solely for the purpose of facilitating orders and on the express condition that Confidential Information of Discflo shall not be disclosed to others, nor used for any purpose by You other than in connection with transacting business with Discflo pursuant to such sales contracts, and these Terms, as applicable. You will promptly return to Discflo all such Confidential Information upon Discflo’s written request. Your obligations under this paragraph will survive the cancellation, termination, or completion of Your obligations under these Terms as they relate to any order placed by You.
 
  1. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL DISCFLO, ITS SUPPLIERS, AFFILIATES, OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ARISING FROM THE SALE, INSTALLATION, OR USE OF ANY EQUIPMENT OR SERVICES PURCHASED FROM DISCFLO. In no event will Discflo’s liability for any and all claims of any kind arising as a result of or related to these Terms and/or Your usage of any Discflo EQUIPMENT, product(s), AND/oR SERVICE(S), and/or any obligations herein or to any act or omission related to these Terms, exceed the value of the actual purchase price paid by You to Discflo for DISCFLO product(s) AND SERVICE(S).
 
  1. Indemnification. You agree to indemnify and hold harmless Discflo, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with Your use of this Website; information You submit or transmit through this Website; Your breach of these Terms; and Your connection to this Website. You further agree to indemnify, defend, and hold harmless Discflo against any claims of infringement relating to Your usage of Discflo equipment and/or services (including, without limitation, patent, trademark, copyright, moral, industrial design, or other proprietary rights, or misuse or misappropriation of trade secrets) and any resulting damages and expenses (including, without limitation, attorney and other professional fees and disbursements) relating to the goods or services covered by these Terms, including any claims in circumstances where Discflo has provided only a part of the goods or services at issue. You further agree to indemnify Discflo for, and hold Discflo harmless from, all liability and expenses based upon bodily injury, property damage, or economic loss, arising directly or indirectly in respect to Your Discflo equipment or the use, failure, or transportation thereof, as (1) are caused by the negligent acts or omissions of You or Your agents; (2) the failure of You, Your officers, agents, or employees, to follow Discflo’s instructions, warnings, and/or recommendations; (3) the failure of You, Your officers, agents, or employees, to comply with Federal, State, and Local laws or regulations applicable to the use of the equipment, including but not limited the 1970 Occupational Safety and Health Act, as amended; (4) all liability and expenses based upon or resulting from any legal theory of strict liability or liability without fault applied to Discflo or You; or (5) liability and expenses based upon or resulting from any theory of breach of warranty of any kind.
 
  1. Termination. You agree that Discflo may, in its sole discretion and at any time, terminate Your use of this Website without prior notice to You for any reason that Discflo deems appropriate. You further agree that Discflo will not be liable to You or to any third-party for the consequences of any termination of Your use of or access to this Website. In the event of any termination of Your use of or access to this Website, You agree that the provisions of the Agreement regarding protection of intellectual property rights, indemnification, disclaimer of warranties, limitation of liability, and applicable law shall survive any such termination.
 
  1. Integration, Severability, and Waiver. These Terms set forth the entire agreement relating to the subject matter hereof and supersede all prior agreements, discussions, and understandings between the parties hereto, whether oral or written, relating to the subject matter hereof. If any provision of these Terms is held to be invalid or unenforceable under the circumstances, such provision’s application in any other circumstances, and the remaining provisions of these Terms, shall not be affected thereby. The waiver of a breach or default in any of the provisions or any delay or omission to exercise any right under these Terms shall not be construed as a waiver of any succeeding breach of the same or other provisions.
 
  1. Limitations of Actions Brought Against Discflo. You agree that any claim or cause of action arising out of Your use of this Website or these Terms must be filed within one (1) year after such claim or cause of action arose, or it will forever be barred, notwithstanding any statute of limitations or other law to the contrary.
 
  1. Assignability. You may not assign any sales contract or any of Your obligations under these Terms to any third party without Discflo’s prior written consent. For purposes of this provision, a merger, stock sale, or other transfer by operation of law will be deemed an “assignment” for which consent is required hereunder.
 
  1. Applicable Law; Dispute Resolution; Class Action Waiver. These Terms and the resolution of any dispute related to these Terms, this Website, or products You purchase through this Website shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to litigation. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You hereby waive any and all rights to claim punitive, incidental, or consequential damages, attorney’s fees, and costs, and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which You will be entitled shall be Your actual damages associated with these Terms. The venue for any dispute will be exclusively in the city and county of San Diego, California. All lawsuits, causes-of-action, disputes, or other proceedings shall be brought exclusively in the state or federal courts located in the city and county of San Diego. The terms of this section survive any termination of the Agreement.
 
  1. Remedies. In order to avoid irreparable injury to Discflo, in the event of any breach or threatened breach by You of the provisions of these Terms, Discflo will be entitled to seek an injunction and/or other equitable relief restraining You from such a breach. Nothing in these Terms should be construed as prohibiting Discflo from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from You.
 
  1. Electronic Communications. The information communicated on this Website constitutes an electronic communication. When You communicate with Discflo through this Website or via other forms of electronic media, such as email, You are communicating with Discflo electronically. You agree that Discflo may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that Discflo provides to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
 
  1. Trademark Notice. “Discflo” is a registered trademark of Discflo Corporation. All other trademarks and service marks displayed on this Website are the property of either Discflo or their respective owners. You may not use or display any trademarks or service marks owned by Discflo without Discflo’s prior written consent. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their respective owners.
 
  1. Copyright Policy and Copyright Agent. It is Discflo’s policy to respect the copyright and intellectual property rights of others. Discflo may remove content that appears to infringe on the copyright or other intellectual property rights of others. Further, Discflo complies with the Digital Millennium Copyright Act. If You believe in good faith that Your work has been copied in a way that constitutes copyright infringement, please provide Discflo with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing is located on this Website; Your address, telephone number, and e-mail address; a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. Please send the information to the address provided in the provision of these Terms relating to required notices under these Terms.
 
  1. Notices. All notices to You under these Terms will be deemed given when delivered via email to any email address you provided in connection with Your quotation or proposal, or when delivered by mail to the address You provided for delivery of any equipment or services You purchased from Discflo. All notices by You to Discflo under these Terms will be deemed given when postmarked and sent via certified mail to:

    2. Discflo Corporation
    Attn: Legal Dept.
    10850 Hartley Rd.
    Santee, CA 92071

 
  1. Modifications to This Agreement. Discflo may make changes to these Terms from time to time, in its sole discretion, by updating these Terms on this Website (located at: www.discflo.com/termsandconditions) without notice to You. Your continued use of this Website following the posting of a new version of the Agreement constitutes Your acceptance of any such changes. Accordingly, whenever You visit this Website, You should check to see if these Terms have been updated or revised. These Terms supersede any other terms and conditions previously published by Discflo on this Website. Discflo may assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third-party at our discretion. No delay by Discflo in exercising any right or remedy under these Terms will operate as a waiver of that right or remedy or will otherwise affect Discflo’s ability to subsequently exercise that right or remedy; any such waiver must be agreed to by Discflo in writing.