Legal

We may revise and update these Terms of Use (or any Transaction Terms) from time to time in our sole discretion. All changes are effective immediately when We post them and apply to all access to and use of the Dixon Site after posting. Your continued use of the Dixon Site following the posting of revised terms means that you accept and agree to the changes. We advise that you periodically check the Dixon Site so you are aware of any changes, as they are binding on you. If you do not agree to any revisions, you must not continue to use the Dixon Site.

Our Privacy Policy describes our privacy practices and also applies to your use of the Dixon Site. The Privacy Policy supplements and is a part of the Terms of Use.

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.

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.

The Dixon Site may contain features or functionality allowing you to interact with Dixon, including but not limited to message boards, chat functionality, forums, and messaging ("Interactive Services"), or to post, submit or otherwise transmit content or materials ("User Contributions").  All User Contributions must comply with these Terms of Use and other acceptable use policies of Dixon, as such may be posted from time to time. Any User Contribution you post to the site will be considered non-confidential and non-proprietary, regardless of whether it is marked or designated as confidential. By providing any User Contribution on the Dixon Site, you grant Us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings. By providing a User Contribution, you represent and warrant that:

1. 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.
2. The User Contribution complies with these Terms of Use.

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.

Dixon reserves and shall have the right to terminate or limit your access to any or all of the Dixon Site, for any reason, without liability. Without limiting the preceding, any violation of these Terms of Use shall automatically terminate your authorization to use or to access the Dixon Site.   

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.

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.

You agree to defend, indemnify, and hold harmless Dixon, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Dixon Site, including, but not limited to, your User Contributions, any use of the Dixon Site's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Dixon Site.

All matters relating to the Dixon Site and to these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by, enforced, and construed in accordance with the internal laws of the State of Maryland, U.S.A., without giving effect to any choice or conflict of law provision or rule.

If a court of competent jurisdiction holds that the preceding choice of governing law is unenforceable for any reason, then you and We agree that all matters relating to the Dixon Site and to these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by, enforced, and construed in accordance with the internal laws of the United Kingdom. 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Dixon Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland, USA, in each case located in the City of Baltimore, although We reserve and retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence, incorporation, or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You and Dixon each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

At Dixon's sole discretion, We may require you to submit any disputes arising from these Terms of Use or use of the Dixon Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Maryland law.

No waiver by Dixon of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Dixon to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent consistent with applicable laws and giving effect to the maximum extent reasonably possible to the original provision, such that the remaining provisions of the Terms of Use will continue in full force and effect.

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.

All prices are taxes extra.

All orders, whether received by phone, fax, or by email, must have the Dixon part number provided. Customers are asked to contact Customer Service if the correct Dixon part number cannot be provided.

1%, 10, net 30. Invoices are subject to a 1% discount when paid in full within 10 days of the invoice date. If early payment is not possible invoices are to be paid in full within 30 days of the invoice date.

Dixon Group Canada Limited will give customers thirty (30) days' notice in the event of a price change.

Prepaid Freight: All orders that qualify for prepaid freight will be prepaid FOB to the distributor's place of business (exceptions may be allowed at Dixon’s discretion).

• $1,500 net or more will ship prepaid (Ground) from the Canadian Dixon warehouse system (Edmonton, Montreal, Barrie). All backorders from a prepaid order will also be shipped prepaid directly from any Canadian warehouse with stock.
• $3,000 net or more will ship prepaid (Ground) from the Canadian Dixon warehouse system (Edmonton, Montreal, Barrie), and/or from a single U.S. Dixon warehouse. Dixon Group Canada will clear shipments from the U.S. using our broker of choice, and we will therefore cover any brokerage or duties associated with the shipment.

Collect Freight: All orders of less than $1,500 net will be shipped collect (FOB Dixon warehouse), as will any backorders related to the original order. If a mode of transport is requested where the freight must be prepaid the freight charge will be added to the invoice.

Direct Shipments from the U.S.: All collect or prepaid and charge back shipments under $300 net are subject to a $20 Customs Handling Fee. Dixon Group Canada Limited will clear shipments from the U.S. using our broker of choice, and we will therefore cover any brokerage or duties associated with the shipment.

Product shipped as ordered may be returned only with the permission of Dixon Group Canada. All requests for RGA’s (Return Goods Authorization) are to be submitted at the servicing warehouse location.

1. Returns must be submitted within 1 year of original purchase date and accompanied by corresponding purchase order number.
2. Inventory returns are limited to a maximum of 5% of the previous year’s purchases.
3. A Credit Memo will be issued subject to a minimum 15% handling fee (using list prices in effect at the time of purchase, less applicable discount).
4. Material must be in original packaging and in resalable condition. No “soft’ goods (seals, gaskets, hoses, etc.) will be accepted. Plastic tubing products are non-returnable after 6 months from date of purchase. Items sold in box/bag quantity must be returned in box/bag quantity. Products with etching, stickers, paint, marker, etc. are not returnable.
5. No special-order, obsolete or overstocked items will be considered for return. All ADS/FloTech items must have a date code no older than 5 years.
6. All authorized items on the RGA must be shipped back complete, any unauthorized return parts will be scrapped.
7. For prompt processing separate and label parts in a bag/box, attach a copy of the issued RGA, mark bags or boxes with our RGA number and package well to protect the product. When packing product place heavier items on the bottom and lighter items on the top to help avoid damage in transit. Sanitary product must not rattle or shift, therefore we require all Sanitary products to be individually wrapped to prevent scratching.
8. All excess stock authorized for return must be shipped freight prepaid to the address on the RGA. Returns shipped collect or C.O.D. will be refused. Products returned to a branch location other than the designated location on the RGA will be forwarded at the customer’s expense (either on the collect number or deducted from the credit balance). 
9. Any unauthorized returned stock will be scrapped or shipped back to the customer freight collect as per the customer’s choice. Customers have ten (10) days to advise Dixon Group Canada Limited as to the disposition of any product returned for credit but disallowed by Dixon Group Canada Limited. 

Dixon Group Canada reserves the right to decline return of goods when market conditions or other circumstances make the acceptance of these returned goods overly burdensome.