Terms & Conditions

Safety Above Everything

Terms of Use

By using this Website, you are agreeing to the terms and condition of use. All access to and use of this Web site is governed by these terms. You are deemed to agree to these ‘Terms of Use’, even if you have not read them. Entering this Website indicates that you have agreed to be bound by these terms and that you understand and assume any risks related to this Website.

Disclaimer

All information provided on this Website is subject to change without notice. While efforts have been made to make this Website helpful and accurate, due to the open nature of this Web site, and the potential for errors in the storage and transmission of digital information, Hercules SLR Inc. does not warrant the accuracy of information obtained from this Web site.

All materials posted on this site are ‘as is’ and without warranties express or implied. Hercules SLR Inc. disclaims all warranties including the implied warranty of merchantability and fitness for a particular purpose. Hercules SLR Inc. does not warrant that functions contained on this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server are free of viruses or other harmful components. Hercules SLR Inc. does not warrant or represent the use of the materials on this site in terms of their correctness, accuracy, reliability, or otherwise.

Access and Use of Information

Access to this Web site is limited to viewing the linked Web pages solely for legitimate business purposes to access the information provided by Hercules SLR Inc. on this Website. Any access or attempt to access other areas of the Hercules SLR Inc. computer system or other information contained on the system for any purposes is strictly prohibited.

You may not use any information contained on this Web site other than for a legitimate business purpose. Product cross-reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are perfectly comparable. For critical applications, review specifications prior to purchase.

Trademarks

This Web site contains many Hercules SLR Inc. and third-party trademarks, and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in this Website including copyright, trademarks, trade secret and patent rights are reserved. Access to this Website does not constitute a right to copy or use any of the intellectual property of Hercules SLR Inc. or its suppliers. Statutory notice contained herein represents trademark status in Canada.

Hypertext

This Site may be linked to other sites which are not maintained by Hercules SLR Inc.  Our Company is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Hercules SLR Inc. of the sites. Hercules SLR Inc disclaims any liability for links: from another Web site to Hercules SLR Inc.; and to another Website from Hercules SLR Inc. To link to Hercules SLR Inc. all users must comply with Linking Terms.

Copyright

All materials contained on this Site are subject to the ownership rights of Hercules SLR Inc. and its Supplier Partners. Hercules SLR Inc. hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or acquiring Hercules SLR Inc. services or products. You agree that any copy made must include Hercules SLR Inc. copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this Site.

Submissions

All remarks, suggestions, ideas, graphics or other information communicated to Hercules SLR Inc. through this Site will forever be the property of Hercules SLR Inc. Unless otherwise specified in writing, all material submitted to Hercules SLR Inc. will be presumed to be public and Hercules SLR Inc. will not be required to treat the information as confidential. Hercules SLR Inc. shall have exclusive ownership of all present and future existing rights in the information, without compensation to the person sending the information.

Linking Policy

Linker may only use the text and images provided by Hercules SLR Inc. in the manner and locations specified on the page displayed upon acceptance of these terms. Linker shall update all Hercules SLR Inc. images/text within 7 days of receipt of notice from Hercules SLR Inc. of any changes/revisions. Hercules SLR Inc. may modify images/text at any time. Linker acknowledges the validity of the Hercules SLR Inc. trademark, Hercules SLR Inc.’s exclusive right, title and interest in such trademarks, ownership of same by Hercules SLR Inc., and agrees not to challenge trademark ownership or validity.

In addition, Linker will not at any time do or cause to be done any act or thing contesting or in any way impairing part of such right, title and interest. Regarding the use of the trademarks, Linker shall not in any manner represent that it has any ownership in the trademarks or registrations thereof. Linker acknowledges that use of its trademarks shall inure to the benefit of Hercules SLR Inc. Linker agrees that it will not at any time do or cause to be done any act or thing in any way impairing the image/reputation of the Hercules SLR Inc. business.

Regarding the use of the Hercules SLR Inc. tradename/reference, Linker shall not in any manner represent that it is endorsed by Hercules SLR Inc. or that Linker is acting in a representative capacity of Hercules SLR Inc. Except for the uses set forth herein, Linker shall not utilize the Hercules SLR Inc. name nor its relationship with Hercules SLR Inc. for purposes of or in any manner which intentionally gives rise to advertising or publicity, unless Hercules SLR Inc. shall consent to such use in writing prior to publication. Regardless of the foregoing, Hercules SLR Inc. reserves the right to rescind this consent with or without cause at any time. In such event, Linker shall remove its link to the Hercules SLR Inc. Website within 24 hours of receipt of notice from Hercules SLR Inc.

Linker expressly agrees that use of Hercules SLR Inc. materials and website is at Linker’s sole risk. Hercules SLR Inc. does not warrant that its service will be uninterrupted or error free. Hercules SLR Inc. provides this access ‘as is’ without warranty of any kind. Hercules SLR Inc. disclaims all warranties, express or implied, including but not limited to the implied warranties or merchantability and fitness for a specific purpose.

In no event will Hercules SLR Inc. be liable for any direct, indirect, incidental, special or consequential damages that result from use of any of the materials provided hereunder or access to any of the services described herein.

 

Terms of Sale

Application of Terms and Conditions of Sale

These Terms and Conditions of Sale (“Terms and Conditions”) supersede those contained in previous quotations, agreements, or representations, whether written or oral, and shall govern the sale by Hercules SLR Inc. (the “Seller”) of orders for its equipment and/or related products and/or standard services (hereinafter “Product and/or Services”) sold to any person or entity ordering the Product and/or Services (the “Customer”), unless the Customer and the Seller have both executed a separate formal purchase agreement that expressly disclaims these Terms and Conditions. Certain additional terms may accompany the Product and/or Services and shall apply. By issuing a Purchase Order for Product and/or Services or otherwise confirming to the Seller an intention to purchase Product and/or Services, the Customer agrees to be bound by and accepts these Terms and Conditions.

General Terms and Conditions

Severability: The provisions herein shall be severable so that any provision of these Terms and Conditions that is held to be invalid, illegal or unenforceable in any jurisdiction, then such provision shall be enforced to the fullest extent permitted by the applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected thereby.

Assignment: The Customer agrees not to assign a contract entered into hereunder with the Seller without first obtaining the Seller’s consent in writing. All rights of the Seller hereunder shall be assignable.  Subject to the foregoing, these Terms and Conditions shall enure to the benefit of the Seller, its successors and assigns, and shall be binding upon the Customer, its heirs, executors, administrators, successors and assigns, as the case may be.

Governing Law and Jurisdiction: Any contract between the Seller and the Customer shall be governed by and construed in accordance with the laws of the Province of Nova Scotia and the laws of Canada applicable therein. The Seller and Customer hereby agree that any suit, action, or other legal proceeding arising out of or related to these Terms and Conditions or any transaction hereunder must be brought in the Supreme Court of Nova Scotia, in the city of Halifax, and waive any right that may exist to assert the doctrine of forum non conveniens in any such suit, action or proceeding brought in the Supreme Court of Nova Scotia in the city of Halifax.

Limited Warranty: The Seller warrants products manufactured by the Seller to be free from defects in materials and workmanship under normal use and service for 12 months from date of shipment, unless specified otherwise in Product documentation, subject to the following conditions:

  1. a) The Seller’s obligation under this warranty is limited to repairing or replacing (at the Seller’s option) products that have been returned to the Seller. Warranted equipment will be returned by the Seller at the Customer’s expense. No goods shall be accepted for return to the Seller from the Customer without the express consent and approval of the Seller in writing.
  2. b) This warranty shall not apply to any Product that has been subjected to modification, misuse, neglect, or accidents of nature or shipping. Under no circumstances will the Seller reimburse the Customer for costs incurred in removing and/or reinstalling the equipment.
  3. c) The Seller reserves the right to modify its warranty statement at any time, in its sole discretion. The warranty is only valid upon the Seller’s receipt of payment in full for the Product to be warranted.
  4. d) Except as specifically provided in the Limited Warranty statement herein, the Seller makes no other warranties or conditions and the warranty statement is in lieu of all other warranties, guarantees, representations, or conditions, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular use or purpose. The Seller expressly disclaims all warranties and conditions not stated in the Limited Warranty statement. The Seller and the Customer agree that the implied warranties in sale of goods legislation in the Customer’s province do not apply to purchases made by the Customer hereunder. Any implied warranties and conditions that are required to be imposed by law are limited to the applicable warranty period.

No Sale by Sample: Any sale between the Seller and the Customer shall not be a sale by sample as that term is defined in the sale of goods legislation in the Customer’s province. The Customer shall take the Product at its own risk.

Products: The Seller’s policy is one of ongoing product update and revision. The Seller will ship Products that have similar functionality and specifications to the Products originally ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Product availability may be limited. Products ordered may not be available for immediate delivery. The Seller reserves the right, without liability or prior notice, to discontinue or to make changes in product design, material and specifications at any time. If there is a discontinuance of a Product, the Seller may, with the Customer’s consent, ship a different Product than originally ordered which has similar functionality and specifications to the Product ordered. The Customer will be given the opportunity, in advance of shipment, to either reject or accept the substitute Product and price for the substitute Product which may differ from the price of the original Product.

Limitation of Liability: For any breach of these Terms and Conditions, the Seller’s sole and exclusive maximum liability shall not in any event exceed the total price of the Products sold and/or Services delivered to the Customer. Under no circumstances shall the Seller be liable to the Customer or any third party for direct, indirect, incidental, consequential or economic (including loss of business, lost profits, expenditures or commitments) damages arising from any claim or action, incidental or collateral to, or directly or indirectly related to the purchase of the Products and/or Services hereunder, whether such claim is based in contract, breach of warranty, strict liability, negligence of the Seller, or other legal theory. The Seller shall not be liable if it is unable to perform any of its obligations contained in these Terms and Conditions due, directly or indirectly, to matters beyond the control of the Seller including, but not limited to, the failure of any Product, labour strikes or slowdowns, manufacturing errors, fire, failure or delay of the Seller’s usual sources of supply of raw materials or inventory, or government orders.

Third Party Products: Products supplied by the Seller under the brand name of a third party sold by the Seller (“Third Party Products”) carry different warranty policies than the Seller’s Products. Any warranty and technical support provided on a Third Party Product is provided by the original manufacturer, not by the Seller.

Pricing

Order is an Offer: Orders placed with the Seller require the Seller’s acceptance before any obligations of the Seller hereunder arise.

Prices Subject to Change: Although the Seller strives to provide accurate product and pricing information, errors or misprints may occur. The Seller cannot confirm the price of a Product until after the Customer orders the Product. Notwithstanding anything contained in this section, in the event that the Product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, the Seller shall have the right, at its sole discretion, to refuse or cancel any orders placed or subsequently processed by the Seller for that product and terminate the purchase agreement without further liability. In the event that a Product is priced in error or a Product information error occurs, the Seller may, at its sole discretion, contact the Customer for instructions, cancel the order and notify the Customer of such cancellation, terminate the purchase agreement, and/or correct the error. All prices shall be subject to revision if increases in the cost of materials, labour or other circumstances arise before completion of the order and render such action necessary. Where information contained in a Customer order involves alteration of the quotation, the Seller is at liberty to amend the price to cover any increases in cost which may be reasonably incurred in consequence of such alteration. In the event of suspension of work by the Customer’s instructions, or lack of instructions, the price shall be increased to cover any extra expense incurred by the Seller.

Sales Tax

The Customer is responsible for all sales, use, goods and services, harmonized sales, and other taxes associated with the Product order, except taxes on the Seller’s net income. All taxes will be charged at the rate applicable in the province the Product will be delivered at the date of dispatch. The quoted prices do not include any taxes. A separate charge for taxes will be shown on the Seller’s invoice.

Cancellations

Any sales order placed by the Customer or contract cannot be cancelled without the written consent of the Seller, and in the event of such cancellation, the Customer shall indemnify the Seller for any and all costs which it has or may incur in connection with such cancellation.

Delivery

Cost of Delivery: The Seller will only ship Third Party Products to locations for which it is authorized by the manufacturer and will only ship Products to locations for which it is authorized by law. The cost of carriage and packaging shall be paid by the Customer in addition to the price payable for goods, unless agreed upon between the Seller and the Customer in writing prior to shipping. Separate charges for shipping and handling will be shown on the Seller’s invoice.

Shipping, Handling, and Title: All Products are sold F.O.B. shipping. All risk of loss shall pass to the Customer upon shipping of the Product.  Delivery of the equipment to the Customer will occur upon delivery to the “ship to” address. The Seller may deliver the Products ordered in installments. Shipping dates given prior to shipment are estimates only and are not guarantees, and the Seller shall not be liable for delays or non-performance for any failure to deliver the Product in accordance with the given shipping date.

Risk of Loss: No claim for loss, damage or destruction (“Loss”) in transit will be considered unless a separate notice in writing is given to the Seller and/or the carrier concerned by the Customer within three (3) days of receipt of goods. No Loss will relieve the Customer of any of its obligations hereunder.

Inspection of Product: The Customer shall inspect the Products immediately upon delivery thereof and shall give written notice to the Seller’s Customer Service Representative within seven (7) days of such delivery of any matter or thing by reason whereof it may allege that the Product has not been delivered in accordance with the contract. If after seven days no written notice has been received by the Seller, the Products shall be deemed to be in accordance with the contract and the Customer shall be bound to accept and pay for the same accordingly. Any testing or inspection of the Products by the Customer must take place before the Products are utilized in any way and any such use will be deemed acceptance of the Products by the Customer.

Payment Terms

The Seller accepts VISA, MasterCard, Debit and cash at retail locations or, in its sole discretion, Net 30 on account O.A.C. In the event the Seller grants credit terms to the Customer, the Seller has the right to register a purchase money security interest against Products until the purchase price is paid in full. If the Seller elects to register security, additional terms and conditions shall apply and shall be provided to the Customer.

Warnings

All ratings shown on this web site meet or exceed ASME/ANSI 30.9 standards and are based upon the item being new or in “as new” condition. Ratings are considered to be the greatest load that should be applied to the item.

Ratings are based upon usual environmental conditions and consideration must be given to item selection when unusual conditions are to be encountered.

In general, the products displayed within this web site are used as part of a system being employed to accomplish a task. Therefore, we only recommend the utilization of such products to accomplish the desired task within the Working Load Limit (WLL).

The products shown are subject to wear, misuse, overloading, corrosion, deformation, intentional alteration and other usage factors which may necessitate a reduction in the product’s Working Load Limit (WLL) rating or is cause to remove the product from service and have it quarantined. Therefore, it is recommended that all products be regularly inspected by a competent person to determine their condition as a basis for deciding if the product may continue to be used at the assigned WLL, a reduced WLL, a reduced safety factor or removed from service.

The products shown are, in general, items intended to be used in a tension or pull manner. Caution must be used so that the product is not subjected to side loading that will cause additional and unintended loading.

All hook latches shown are intended to retain loose slings or fittings under slack conditions. They are not intended to be anti-fouling devices. Caution should be used to prevent the latch from supporting any of the load. Periodic inspection of latches must be made to ensure proper operating condition.

Welding of or to load supporting parts or products is not recommended. It is necessary to have knowledge of material, heat treatment and welding procedures before welding of any item is to be considered. We suggest Hercules SLR be consulted for information and proof testing if necessary.

Anyone using rigging equipment is responsible to have training on the usage of the item, as per ASME standards.

Fitting Maintenance
All fittings are subject to wear and disfigurement in the form of nicks and gouges, and should be inspected periodically for these conditions.

Any detection of a crack or permanent deformation in a fitting (i.e. hook, shackle, link, etc.) is cause to remove the fitting from service and be quarantined.

Definitions

Working Load Limit (WLL)
The maximum combined static and dynamic load in pounds or tonnes should be applied to the product in service, even when the product is new, and when the product is uniformly applied in direct tension to the product.

Proof Load
The specific load applied in performance of the proof tests.

Proof Test
A non-destructive load test made to a specific multiple of the rated load of the product.

Ultimate Load
The load at which the item being tested fails or no longer supports the load.

Shock Load
Any condition of rapid lift, sudden shifting of load or arrest of a falling load.

Nominal Breaking Strength
Published catalogue design strength of a product.

Design Factor
An industry term denoting theoretical reserve capability. Usually computed by dividing the catalogue stated ultimate load by the catalogue stated working load limit and generally expressed as a ratio, for example 5 to 1 (5:1).

Safety Factor
The theoretical reserve capability of a product, determined by dividing the breaking strength by the rated working load unless otherwise noted.

All ratings in tons refer to short tons of 2,000 lbs. Ratings in metric tons (tonnes) equal 2,204 lbs.