Terms & Conditions
Our Customer Satisfaction Policy has made American Bronze Foundry, Inc. stand apart from the rest. We have built our reputation by serving our customers needs. 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.
Copyright
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 American Bronze Foundry, Inc.. The collective work includes works that are licensed to American Bronze Foundry, Inc.. Copyright 2003, American Bronze Foundry, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with American Bronze Foundry, Inc. or purchasing American Bronze Foundry, Inc. 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 American Bronze Foundry, Inc. or to purchase American Bronze Foundry, Inc. 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 American Bronze Foundry, Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of American Bronze Foundry, Inc. used in the site are trademarks or registered trademarks of American Bronze Foundry, Inc.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, American Bronze Foundry, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. American Bronze Foundry, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. American Bronze Foundry, Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
American Bronze Foundry, Inc. 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 American Bronze Foundry, Inc. 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.
Typographical Errors
In the event that a American Bronze Foundry, Inc. product is mistakenly listed at an incorrect price, American Bronze Foundry, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. American Bronze Foundry, Inc. 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, American Bronze Foundry, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
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 American Bronze Foundry, Inc. 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.
Notice
American Bronze Foundry, Inc. 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 American Bronze Foundry, Inc..
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Florida, 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 American Bronze Foundry, Inc. products) shall be in the state or federal courts located in Tallahasse, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of American Bronze Foundry, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. American Bronze Foundry, Inc.’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. American Bronze Foundry, Inc. 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 American Bronze Foundry, Inc. 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.
Participation Disclaimer
American Bronze Foundry, Inc. 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, American Bronze Foundry, Inc. 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, American Bronze Foundry, Inc. 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 American Bronze Foundry, Inc. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless American Bronze Foundry, Inc., 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.
Third-Party Links
In an attempt to provide increased value to our visitors, American Bronze Foundry, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with American Bronze Foundry, Inc., American Bronze Foundry, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of American Bronze Foundry, Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, American Bronze Foundry, Inc. 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).
Store Purchases: If you should ever receive a sculpture that you are not completely satisfied with, simply contact your sales representative within 24 hours or the next business day of delivery. We will gladly assist you with a return authorization and the necessary arrangements for the return. Original shipping/packing charges and/or return charges are not refundable and must be prepaid as these charges are the customers responsibility.
Payment Information: We will gladly accept MasterCard, VISA, and American Express. Payment is required when ordering.
Delivery: Our delivery dates are determined by inventory. If the item is in stock it will be shipped the next business day. If the item is out of stock, please allow 2 to 4 weeks for delivery. Custom orders will be discussed at the time of ordering.
Finishes: Because of the many factors in finishing bronze, patinas may vary slightly in color. You are welcome to order your sculpture with a special patina finish, however, if you do not specify this at the time of ordering, our artisans will determine the finish by ABF standards. We offer a variety of finishes such as Antique Brown, Two-Tone Brown, Multi-colors, Gold Leaf, and Antique Green.
Sales Tax: is the purchaser’s responsibility. The appropriate Florida tax will be charged on items shipped or delivered within the state of Florida. To be considered: “Exempt” you must provide at the time of sale: your current year’s Florida Annual Resale Certificate for Sales Tax (DR13) form obtainable thru the Florida Department of Revenue.
UPS Shipments: Any damaged shipment shipped via United Parcel Service should be refused at the time of delivery. If a UPS shipment is found to be damaged after it is accepted, contact ABF immediately, so that we may help initiate the proper procedures for a claim. Do not discard any packaging materials. If these procedures are not followed, the damage claim will not be valid and neither ABF nor UPS can be held liable or responsible for any loss thereby incurred by the purchaser.