Terms and Conditions
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Byer Manufacturing Co. The collective work includes works that are licensed to The Byer Manufacturing Co... Copyright 2007, The Byer Manufacturing Co. ALL RIGHTS RESERVED. P ermission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with The Byer Manufacturing Co. or purchasing The Byer Manufacturing Co. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with The Byer Manufacturing Co. or to purchase The Byer Manufacturing Co. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by The Byer Manufacturing Co... You further agree not to change or delete any proprietary notices from materials downloaded from the site.
all trademarks, service marks and trade names of The Byer Manufacturing Co. used in the site are trademarks or registered trademarks of The Byer Manufacturing Co.
Consumer Warranty and Product Support
At Byer of Maine, we are committed to providing products of enduring comfort and value. Whether comfort is measured by blissful time in a hammock on a sunny day, the relief of a cot in a shelter after a hurricane or the security of a safe home for a pair of nesting chickadees, we want our product to perform well for the intended use. With our sourcing, we choose capable factories that share our values and treat their employees well. We specify quality materials and have controls in place to ensure our designs are produced to a consistent high quality.
We warrant that every item leaving our warehouse is free of manufacturing defects. Therefore, we will gladly repair or replace any of our products that fail to give the end user satisfaction due to defect in materials or workmanship.
Our products are designed to withstand the kind of use normally associated with outdoor and recreational applications. To prevent premature weathering deterioration, we recommend indoor storage for our hammocks and furniture when not in active use. We cannot warrant against natural weathering, normal wear and tear, nor failure due to improper use. In recognition of the unusually rigorous and unpredictable conditions to which our products may be subjected to by our institutional, governmental, and military customers, this warranty must be limited to products sold for consumer use.
Should you have a problem with a product or a question about its use, we welcome your contact with us. We find that email is the most efficient means of communication and suggest you contact us at: firstname.lastname@example.org We normally respond to inquiries with one business day.
If your need is urgent, or email not a good option for you, you are welcome to call our toll-free number in the U.S.A. that is: 800-338-0580
Returns are accepted only after issuance of a return authorization that can be obtained either by email or phone.
Limitation of Liability
The Byer Manufacturing Co. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if The Byer Manufacturing Co. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a The Byer Manufacturing Co. product is mistakenly listed at an incorrect price, The Byer Manufacturing Co. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Byer Manufacturing Co. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Byer Manufacturing Co. shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by The Byer Manufacturing Co. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
The Byer Manufacturing Co. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to The Byer Manufacturing Co.
Your use of this site shall be governed in all respects by the laws of the state of Maine, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of The Byer Manufacturing Co. products) shall be in the state or federal courts located in Penobscot County, Maine. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Byer Manufacturing Co. products) must be commenced within one (1) year after the claim or cause of action arises. The Byer Manufacturing Co.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Byer Manufacturing Co. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a The Byer Manufacturing Co. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
The Byer Manufacturing Co. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, The Byer Manufacturing Co. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, The Byer Manufacturing Co. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to The Byer Manufacturing Co. in its sole discretion.
You agree to indemnify, defend, and hold harmless The Byer Manufacturing Co., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, The Byer Manufacturing Co. may link to sites operated by third parties. However, even if the third party is affiliated with The Byer Manufacturing Co., The Byer Manufacturing Co. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The Byer Manufacturing Co. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, The Byer Manufacturing Co. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).