Terms and Condition of Use

In General

Imperial Titanium LLC (hereafter referred to as Imperial Titanium, we, or us) owns and operates this Website.  This document governs your relationship with Imperial Titanium.  Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions, and notices (the "Terms of Service"). By using the Services, you (The term "you" refers to the user or viewer of our website) are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.

This Website may contain links to other websites, which are not operated by Imperial Titanium.  Imperial Titanium has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Your privacy is very important to us.  By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.  This privacy notice discloses the privacy practices for Imperial Titanium. This privacy notice applies solely to information collected by this website. It will notify you of the following:

1.    What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.

2.    What choices are available to you regarding the use of your data.

3.    The security procedures in place to protect the misuse of your information.

4.    How you can correct any inaccuracies in the information.

We are the sole owners of the information collected on this site. We only have access to collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

 Security 

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via email at contact@imperialtitanium.com

Electronic Communications

When you visit Imperial Titanium or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. 

(a)Orders

We request information from you on our order form. To purchase from us, you must provide contact information such as name and shipping address and financial information such as credit card numbers, credit card expiration date, and credit card three-digit security code. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.

(b) Our Contract 

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. By submitting your order you agree to pay all charges, including in-state sales and use taxes and shipping charges when the order is accepted at time of dispatch.  A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.  If you are not a consumer, purchase orders may be submitted by an agreed-upon method, including but not limited to, in person, by phone, or by email.

(c)  Delivery

All shipment of Product or Products is F.O.B. Austin, Texas. All posted shipping charges are approximate. Purchases made within the State of Texas are subject to state sales tax. All orders are shipped ground freight unless otherwise specified.  If you are not a consumer, shipping is charged freight prepaid, and shipping charges will be added to the invoice. Shipping outside the United States may be subject to additional customs charges.

We reserve the right to select the appropriate freight carriers for orders depending upon size and weight unless otherwise specified by you.  Any shortages (based on carton count) or damage must be noted on the freight bill at the time of delivery for credit or allowance to be considered.  Acceptance of delivery shall be understood to be without exception if no notice of deviation in count or damage is made to us within 30 calendar days.  Title to any and all ordered products ordered from this website shall immediately transfer to you upon delivery of those goods, provided that we have received payment in full for products dispatched. Delivery charges are added to the order at checkout.

(d) Pricing and Availability

While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you within 3-5 business days we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.  Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.   We reserve the right to change these prices at any time without prior notice in accordance with practices deemed necessary and reasonable in order to conduct business. Price changes shall be result of, but not limited to, increases to the price of freight, increases in the market value of manufactured goods, and changes made to manufactured goods that result in higher prices.

(e) Payment 

Payment shall be taken at the time your order is received. Credit card, payment method and purchase order details shall be checked against available stock.  Once the goods have been dispatched and you have been sent a confirmation email, the money paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email. 

Payment for goods is subject to stock availability.  All payment methods will be paid in USD.  In case we are unable to provide your complete order due to insufficient stock (from this point referred to as “backorder”), full or partial refund will be issued upon request. We will make every reasonable attempt to notify you within 3-5 business days in the event ordered product is on backorder, and we will make reasonable attempts to fill backorders as quickly as possible or provide a full or partial refund on orders or purchase orders on backorder.

Unless otherwise specified in the purchase order, payment of purchase orders shall be settled immediately upon order placement on orders of $1,000.00 or less.  All quotes and amounts paid under the purchase order shall be in USD.  All payment of goods will be settled before delivery of goods on all orders of $1,000 or less. We will take every action deemed reasonable, appropriate, and necessary to collect payment for goods delivered on a Net-30 basis should the account default after 30 business days. These actions include, but are not limited to, contact by email or phone, contact by collections agency, and contact by legal entity. All fees associated with, but not limited to, collections fees, shipping charges, and reasonable attorney or legal fees shall be paid by you the user of this website should accounts lapse or fall into default.

Accounts must be paid in full on or before the above payment deadline in order to be considered active. No further order requests or purchase orders may be submitted until account balances reflect a $0 balance due at the time of new purchase order placement.

Cookies 

We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.

Surveys&Contests 

From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Warranty

Except as warranted within this agreement, Imperial Titanium disclaims all warranties, expressed, written, or implied.  All products are sold “as is.”  We do not assume any responsibility for personal injury, labor or other injury arising out of the use of any product manufactured or sold.  All products are warrantied to be free from defect of material and workmanship prior to sale by their manufacturer. We do not warrant the products in anyway.  Warranties are limited and and will vary from product to product.   The warranty shall be null and void if the product is damaged physically, repaired, modified, disassembled, or altered in any way as specified by us.  Any event or circumstances that arise from force majeure will also tender the warranty null and void. 

Warranty is limited, based on our manufacturers’ option and opinion for replacement, repair or credit. The manufacturer’s decision shall be final. Absolutely no claim will be warrantied for any labor or installation cost related to the claim. If there is any form of noncompliance regarding end-user warranty fulfillment guidelines, the Product warranty shall be rendered null and void. All warranty claims must be accompanied with the original receipt or invoice for fulfillment at the manufacturer’s option.

Return/Refund Policy

All returned products will be accepted up to 30 days after purchase in exchange for merchandise credit.  Returned items must still be in new unused condition in their original packaging.  You will be responsible for all return shipping costs.  If you request a full refund instead of a merchandise credit, a 20% restocking fee will be charged.

Returns must be approved by us before shipping the item(s) back to our warehouse.  Please email us at sales@imperialtitanium.com and include your order number and name when contacting us.  We will provide you with a return authorization form that you must fill out, sign, and include in your return package.

Depending on your credit card company, it may take an additional 2-10 business days after your credit is applied for it to be posted to your account.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Imperial Titanium will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Imperial Titanium or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Imperial Titanium and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of Imperial Titanium or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Imperial Titanium with copyright authorship for this collection by Imperial Titanium, and protected by international copyright laws.

 Trademarks

Imperial Titanium’s trademarks and trade dress may not be used in connection with any product or service that is not Imperial Titanium’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Imperial Titanium. All other trademarks not owned by Imperial Titanium or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Imperial Titanium or its subsidiaries.

License and Site Access

Imperial Titanium grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Imperial Titanium. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Imperial Titanium. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Imperial Titanium and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Imperial Titanium’s name or trademarks without the express written consent of Imperial Titanium. Any unauthorized use terminates the permission or license granted by Imperial Titanium. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Imperial Titanium so long as the link does not portray Imperial Titanium, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Imperial Titanium’s logo or other proprietary graphic or trademark as part of the link without express written permission.

Applicable Law

By visiting Imperial Titanium, you agree that the laws of the state of Texas, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Imperial Titanium.

Product Descriptions

Imperial Titanium attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition. While manufacturing, we abide by tolerance by holding +0.005 to +0.010.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

 Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Imperial Titanium and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Imperial Titanium's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Indemnity

You agree to indemnify, defend and hold harmless Imperial Titanium, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

Imperial Titanium shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by emailing us at contact@imperialtitanium.com

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms and Condition of Use constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Imperial Titanium. Any waiver of any provision of the Terms of Condition of Use will be effective only if in writing and signed by a Director of Imperial Titanium.