Welcome to New Bedford Tool & Gauge Co. a Limited Liability Company.
 

If you visit or shop at New Bedford Tool & Gauge Co., a Limited Liability Company, its websites, SawGear.com or any affiliated websites or make any purchase of any kind from the company or its agents, you accept these conditions. Please read them carefully. 

PURCHASER

The purchaser, broker, sales representative, customer, subsequent purchaser, user or end-user will be hereinafter referred to as the customer. 

By the placing of this order, the customer agrees to be bound contractually by all of these terms and conditions in addition to those that may be contained in other applicable documents including but not limited to the most current warranty certificate.

PRIVACY

Your personal information is used for internal purposes only and will not be shared, sold, or otherwise distributed unless required by law.

ELECTRONIC COMMUNICATIONS

When you visit New Bedford Tool & Gauge Co., a Limited Liability Company,.com 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. 

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of New Bedford Tool & Gauge Co., a Limited Liability Company, or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of New Bedford Tool & Gauge Co., a Limited Liability Company, and protected by U.S. and international copyright laws. All software used on this site is the property of New Bedford Tool & Gauge Co., a Limited Liability Company, or its software suppliers and protected by United States and international copyright laws.

LICENSE AND SITE ACCESS

New Bedford Tool & Gauge Co., a Limited Liability Company, 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 New Bedford Tool & Gauge Co., a Limited Liability Company. 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 New Bedford Tool & Gauge Co., a Limited Liability Company. 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 New Bedford Tool & Gauge Co., a Limited Liability Company, without express written consent. You may not use any meta tags or any other "hidden text" utilizing New Bedford Tool & Gauge Co., a Limited Liability Company¿s, name or trademarks without the express written consent of New Bedford Tool & Gauge Co., a Limited Liability Company. Any unauthorized use terminates the permission or license granted by New Bedford Tool & Gauge Co., a Limited Liability Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of New Bedford Tool & Gauge Co., a Limited Liability Company,.com so long as the link does not portray New Bedford Tool & Gauge Co., a Limited Liability Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any New Bedford Tool & Gauge Co., a Limited Liability Company, logo or other proprietary graphic or trademark as part of the link without express written permission. 

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. New Bedford Tool & Gauge Co., a Limited Liability Company, reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

RISK OF LOSS

All items purchased from New Bedford Tool & Gauge Co., a Limited Liability Company, are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRICING

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself.  In some instances, there may be a promotional price that is not listed on this website.   We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, it is possible for an item to be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. 

OUTSTANDING BALANCES & COLLECTIONS COST

In the event that any outstanding balance is not paid within terms, purchaser agrees that any such balance shall accrue the highest legally allowed interest from the date of shipment of goods forward. If New Bedford Tool and Gauge should have to remit such outstanding balance for collection either by an agency or an attorney, purchaser agrees to pay all costs associated with this action.
 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY NEW BEDFORD TOOL & GAUGE CO., A LIMITED LIABILITY COMPANY, ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEW BEDFORD TOOL & GAUGE CO., A LIMITED LIABILITY COMPANY, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEW BEDFORD TOOL & GAUGE CO., A LIMITED LIABILITY COMPANY, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEW BEDFORD TOOL & GAUGE CO. A LIMITED LIABILITY COMPANY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM NEW BEDFORD TOOL & GAUGE CO., A LIMITED LIABILITY COMPANY, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEW BEDFORD TOOL & GAUGE CO., A LIMITED LIABILITY COMPANY, WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

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.

NEW BEDFORD TOOL & GAUGE CO., A LIMITED LIABILITY COMPANY, DOES NOT WARRANT AGAINST, AND SHALL NOT BE HELD RESPONSIBLE FOR ANY ECONOMIC LOSS, LOSS OF PRODUCTION OR MATERIALS, PROPERTY DAMAGE, PRODUCT LIABILITY, PERSONAL INJURY, OR ANY OTHER CLAIM BY PURCHASER, ITS AGENTS, EMPLOYEES, INSURANCE CARRIERS, SUBROGATES, SUCCESSORS, ASSIGNS, OR THIRD PARTIES ARISING OUT OF THE USE OF THE PRODUCTS EXCEPT AS EXPRESSLY PROVIDED HEREIN.

IT IS THE CUSTOMER¿S SOLE RESPONSIBILITY TO ASSURE THE SAFE USE, MAINTENANCE, AND OPERATION OF THE PRODUCTS & OF ALL OPTIONS, SAFETY EQUIPMENT, AND ADDITIONS.  IT IS ALSO THE CUSTOMER¿S SOLE RESPONSIBILITY TO COMPLY WITH ALL REQUIREMENTS OR RECOMMENDATIONS OF THE COMPANY, OSHA, AND ANY OTHER STATE OR FEDERAL SAFETY LAWS OR REGULATIONS AS THEY MAY PERTAIN TO THE OPERATION OF THE PRODUCTS. PURCHASER AGREES TO HOLD HARMLESS AND TO DEFEND NEW BEDFORD TOOL & GAUGE CO. AGAINST ANY ACTION ARISING FROM THE PURCHASE AND USE OF THIS OR ANY OTHER EQUIPMENT.

SHIPPING DAMAGE AND NON FUNCTIONAL COSMETICS DAMAGE, ARE NON WARRANTABLE. CUSTOMER ACCEPTS THAT DUE TO THE NATURE OF THE PRODUCT SOME SCUFFS, DINGS, DENTS, SCRATCHES AND OTHER EXTERNAL IMPERFECTIONS ARE NORMAL AND ACCEPTABLE.

PATENTS

PURCHASER EXPRESSLY AGREES THAT BY PURCHASING PRODUCTS FROM NEW BEDFORD TOOL AND GAUGE CO OR ITS AGENT, THAT ALL PATENTS LISTED ON THE PRODUCT AND PENDING PATENTS WHETHER PUBLISHED OR NOT ARE VALID. THAT IN THE EVENT OF ANY ACTION ARISING BETWEEN THE PURCHASER AND NEW BEDFORD TOOL AND GAUGE CO., A LIMITED LIABILITY COMPANY, IN REGARDS TO PATENTS OR INTELLECTUAL PROPERTIES OF ANY KIND, PURCHASER AGREES THAT IT HAS NO AFFIRMATIVE DEFENSES AND ABANDONS ANY DEFENSE AS REGARDS ITS USE OF THE CLAIMED INFRINGEMENT OF PATENTS OR ANY OTHER INTELLECTUAL PROPERTY.

PURCHASER FURTHER AGREES THAT IF THEY SHOULD USE SUCH PRODUCT OR PURCHASE SUCH PRODUCTS OR FACILITATE OTHERS IN THE ACQUISITION, INSPECTION, OR USE OF PRODUCT, WITH THE INTENT TO INFRINGE, COPY, ENGINEER AROUND OR IN ANY MANNER MAKE USE OF THE PRODUCT TO USURP NEW BEDFORD TOOL AND  GAUGE COMPANY¿S, A LIMITED LIABILITY COMPANY, INTELLECTUAL PROPERTIES EITHER PATENTS, PATENTS PENDING, PATENTABLE MATERIALS OR ANY OTHER KIND OF INTELLECTUAL PROPERTY, THAT THEY WILL PAY ANY AND ALL COSTS, DAMAGES, LEGAL FEES, LOST OPPORTUNITY COSTS, OR OTHER COSTS ASSOCIATED WITH NEW BEDFORD TOOL AND GAUGES CO.¿S EFFORTS TO PROTECT THOSE PROPERTIES AND LIMITS DAMAGES FROM SUCH ACTS. 

FORCE MAJEURE

Neither New Bedford Tool & Gauge Co., a limited liability company, nor Purchaser shall be liable for delays in performance due to causes beyond the control and without the fault or negligence of the party whose performance is affected, including, but not limited to, acts of God, labor disputes or the government.  Force majeure shall not relieve purchaser¿s payment obligations.

APPLICABLE LAW

By visiting SawGear.com, you agree that the laws of the state of Oregon, 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 New Bedford Tool & Gauge Co. a Limited Liability Company. 

DISPUTES

Any dispute relating in any way to your visit to SawGear.com or to products sold by New Bedford Tool & Gauge Co. a Limited Liability Company, or through New Bedford Tool & Gauge Co. a Limited Liability Company, and / or its websites in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $200 shall be adjudicated in any state or federal court in Multnomah County, Oregon, and you consent to exclusive jurisdiction and venue in such COURTS. 

MODIFICATIONS OR IMPROVEMENTS TO PRODUCT

New Bedford Tool & Gauge Co. a Limited Liability Company, retains the right to modify, make changes, enhance, and or improve products without any obligation to give prior notice to purchaser or to carry out such changes to product already sold. 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, pricing, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.