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These General Terms and Conditions of Sale for Products (“Sales Terms”) apply to the sale of products (“products”) by IndustrialSupplies.com, LLC ("Industrial Supplies" or "www.IndustrialSupplies.com") to customer (“you” or “Customer”). Industrial Supplies’ offer to sell products to Customer, and Industrial Supplies’ acknowledgment of any purchase order or other Customer document (“Order”) is expressly limited to, and expressly conditioned on Customer’s acceptance of these Sales Terms. The applicability of terms contained in Customer’s Order is limited to the identification and the quantity of products ordered. Unless agreed to by Customer and Industrial Supplies in a separate written contract, Industrial Supplies objects to and rejects all other Customer terms, in any form, that are different from or additional to these Sales Terms.
In no event shall Industrial Supplies or any of its subsidiaries or affiliates be liable for any indirect, special, incidental, punitive or consequential damages including but not limited to loss of use, loss of data, loss of business or loss of profits to the extent permitted by law. In the event of any issue with a product that you have purchased through Industrial Supplies, you agree that your sole remedy, if any, is from the manufacturer of such product, in accordance with such manufacturer's warranty, or to seek a return and refund for such product in accordance with Industrial Supplies’ return policy.
Industrial Supplies shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, pandemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability or delays in procuring or shipping product or obtaining permits and licenses, inability in procuring supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Industrial Supplies in the conduct of its business.
Prices are subject to change without notice. Industrial Supplies is not responsible for typographical errors. In the event a product is listed at an incorrect or outdated price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers or due to the passage of time or change in market conditions, Industrial Supplies shall have the right to refuse or cancel any orders placed for product listed at the incorrect or outdated price. Industrial Supplies shall have 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 canceled, Industrial Supplies shall promptly issue a credit to your credit card account in the amount of the charge.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Industrial Supplies reserves the right at any time after receipt of your order and prior to shipment, without prior notice to you, to supply less than the quantity you ordered and/or change the estimated delivery date and/or decline or cancel your order. Orders are subject to the priorities under the Defense Production Act.
The only warranties applying to products sold are those, if any, specifically provided by the manufacturer to be honored by the manufacturer. You acknowledge and agree that Industrial Supplies is a distributor and not a manufacturer, and all applicable product specifications, representations and warranties are solely those of the manufacturer of the product sold. Industrial Supplies makes no warranties, express or implied, and disclaims all other warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose and conformity to models or samples. Some states do not allow limitations on implied warranties so these limitations may not apply to you. Manufacturers' warranties for exported products may vary or may be null and void for products exported or transported outside the United States.
Terms of payment are within Industrial Supplies’ sole discretion, and unless otherwise agreed to by Industrial Supplies, payment must be received by Industrial Supplies prior to Industrial Supplies’ acceptance of an order. Payment for the products will be made by credit card, wire transfer, or ACH unless credit terms have been agreed to by Industrial Supplies. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Industrial Supplies may invoice parts of an order separately. Orders are not binding upon Industrial Supplies until accepted by Industrial Supplies. Any quotations given by Industrial Supplies will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Industrial Supplies does not sell products intended to be used as Aircraft Products. Industrial Supplies shall not be responsible to Customer or any third party, including any customer of Customer, or liable for any liability, damage, loss, injury, demand, claim or suit that directly or indirectly arises out of or allegedly arises out of use of or is attributable or due to the products we sell being used by Customers or third parties as Aircraft Products. "Aircraft Products" means (i) aircraft, missiles or spacecraft and any ground support or control equipment used in connection with aircraft, missiles or spacecraft; (ii) products installed in or used in connection with aircraft, missiles or spacecraft, including spare parts, ground handling tools and equipment; (iii) training aids, instructions, manuals, blueprints, engineering or other advice; and (iv) any services and labor related to any of the above. Customer warrants that it shall not use or install or offer for sale an item purchased from Industrial Supplies as an Aircraft Product. In addition, Customer shall not sell to any of its direct or indirect customers, any item purchased from Industrial Supplies which its customer intends to use as an Aircraft Product and shall advise its customers in writing of such prohibition.
Separate charges for shipping and handling will be shown on Industrial Supplies’ invoice(s). You are responsible for all applicable sales and other taxes associated with the order. If applicable, a separate charge for taxes will be shown on Industrial Supplies’ invoice. Delivery dates are approximate and products may be placed on backorder at Industrial Supplies’ discretion. Where product availability is limited for any reason, Industrial Supplies may fill orders or otherwise allocate products in any manner it deems appropriate, including as required by the Defense Production Act. Under no circumstances will Industrial Supplies be liable for failure to ship, delay in delivery, or for Customer’s failure to receive, products by a certain date.
Title to products and risk of loss passes from Industrial Supplies to you upon delivery to the carrier.
Unless you are purchasing a remanufactured product, the product you purchase contains components that are new or equivalent to new in accordance with industry standards.
Product specifications may reflect accepted industry terminology and standards that could vary from commonplace meanings or may reflect the manufacturers best estimates of power, capacity and other usage capabilities and limitations or may reflect the capabilities of a product only under specific circumstances. Product specifications are not independently tested by Industrial Supplies in every circumstance. Parameters provided in datasheets and/or specifications may vary in different applications and performance may vary over time. Product specifications do not expand or otherwise modify these Sales Terms, including but not limited to the warranty. Our products are not designed for use in medical, life-saving, or life-sustaining applications or for any other application in which the failure of the product could result in personal injury or death.
Once you place an order for custom-cut, customer built or special order items (such as matting, slings, cranes, prefab offices, buildings, mezzanines, assembled lockers and regularly stocked items such as generators, pressure washers, water and trash pumps, snow throwers, radio headsets, striping paint, line stripers, floor care machines, vacuums, custom fabric chairs, forklifts) your order is considered non-cancelable and any custom-cut, customer built or special order items purchased by you are also non-returnable.
All orders must be approved by Industrial Supplies’ Credit Department. Placement or acceptance of an order does not constitute the opening of an account on credit terms. Accounts placed on credit hold will not be authorized to receive product until their account is current and in good standing. Industrial Supplies reserves the right to require payment for any shipment hereunder in advance or, in the alternative, satisfactory security for such order if the financial performance or credit worthiness of Customer is unsatisfactory to Industrial Supplies. Such security includes, but is not limited to, execution by Customer of a Corporate Guaranty. If Customer fails to make payment in accordance with these terms and conditions of sale or otherwise fails to comply with any provision hereof, Industrial Supplies may, at its option (and in addition to any other remedies available to Industrial Supplies at law or in equity), cancel any unshipped portion of Customer’s order. Notwithstanding the above, Customer shall remain liable for all of its unpaid accounts. Customer shall not transfer or assign the account(s) relationship(s) created by the extension of credit by Industrial Supplies to any third party without Industrial Supplies’ prior written consent.
Acceptance of and agreement to any government contract regulations, specifically including, but not limited to, any country of origin requirements; FAR 52.223-99, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (OCT 2021)(DEVIATION); and DFARS 252.223-7999, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation 2021-O0009), must be explicitly agreed to in writing by an authorized representative of Industrial Supplies prior to purchase. Any government Customer purchasing a product from Industrial Supplies will be making an "open market" purchase. Federal government Customers are advised that pen market purchases are NOT GSA schedule purchases. By purchasing any product on the open market, the government Customer represents that it has authority to make such purchase and has complied with all applicable procurement regulations. Government Customers are further advised that compliance with the Buy American Act, Free Trade Agreements Act, Trade Agreements Act, or the like, is not guaranteed by Industrial Supplies. It is he government Customer’s obligation to specifically advise Industrial Supplies in writing of any product origin requirements and for the Customer to confirm that the product complies with its needs at the time of ordering.
Country of origin information can change and what is displayed on www.industrialsupplies.com or in the catalog may not be accurate or consistent with manufacturer information at the time of order or shipment. For updated, accurate country of origin data, it is recommended that you rely on product packaging or manufacturer information. With regard to product kits, country of origin may be undetermined as such kits contain multiple parts.
The Hazard Communication Standard (29 CFR 1910.1200(g)) requires that the chemical manufacturer, distributor, or importer provide a Safety Data Sheet ("SDS") for each hazardous chemical to downstream users to communicate information on these hazards. Employers shall have an SDS in the workplace for each hazardous chemical which they use. Each SDS includes information such as the properties of each chemical; the physical, health, and environmental health hazards; protective measures; and safety precautions for handling, storing, and transporting the chemical. Since each SDS is supplied by the chemical manufacturer/importer, Industrial Supplies expressly relies on the evaluation of the chemical manufacturer/importer contained therein. INDUSTRIAL SUPPLIES MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO YOU AND/OR ANY OTHER USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE INFORMATION IN ANY SDS. Send SDS requests to: Industrial Supplies.com, LLC, 11 Harbor Park Dr, Port Washington, NY 11050, Attn. Legal Department, or log onto the Site and click the SDS link for the applicable product or call 877-659-1789.
The State of California requires that certain warnings be given concerning products which contain chemicals subject to Proposition 65. Proposition 65 requires that products containing certain chemicals identified by the State of California as causing cancer, birth defects or other reproductive harm contain warnings. In addition, certain states have also enacted warning requirements regarding chemical components of particular products we sell, such as cleaning supplies. We rely on the manufacturer regarding the hazardous chemicals in their products and we make no representations or warranties regarding the information provided by the manufacturer. Applicable Proposition 65 warning(s) are provided upon product purchase. In addition, for information on whether a specific product you are considering purchasing from Industrial Supplies contains a Proposition 65 warning label, please email prop65@industrialsupplies.com.
You agree that you will not divert, use, export or re-export the products contrary to United States law. You expressly acknowledge and agree that you will not export, re-export, or provide the products to any entity or person within any country that is subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. The list of such countries subject to United States economic sanctions or embargoes may change from time to time but currently includes North Korea, Cuba, Iran, Sudan, and Syria. You also expressly acknowledge and agree that it will not export, re-export, or provide the products to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department's list of Specially Designated Nationals or on the United States Commerce Department's Denied Persons List, Entity List, or Unverified List.
From time to time on certain areas of the Site you may be able to submit reviews, comments, feedback and certain other materials (collectively, "User Contributions"). By using these features, you agree that: (a) you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by Industrial Supplies in its discretion; (b) you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (c) you will not impersonate any person or organization, including without limitation, the personnel of Industrial Supplies, or misrepresent an affiliation with another person or organization; and (d) you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or any feature of the Site.
You represent and warrant that you own or have a valid license to use the User Contribution submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of the User Contribution, and Industrial Supplies’ use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
For any User Contribution that you submit, you grant Industrial Supplies and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute your User Contribution and/or incorporate your User Contribution into any form, medium or technology throughout the world without compensation to you. Any User Contribution that you submit may be used and shared with authorized third-parties at Industrial Supplies’ sole discretion. Industrial Supplies sometimes offers gifts of nominal value to individuals for submitting reviews on the Site. Industrial Supplies is committed to complying with government gift and ethics rules and therefore government employees are not eligible to receive such gifts.
These terms and conditions of sale may be amended at any time by Industrial Supplies. The laws of the State of New York shall govern these terms and conditions of sale.
Click here to view the industrialsupplies.com return policy.
Materials appearing on www.industrialsupplies.com (the "Site") are copyrighted by Industrial Supplies unless otherwise noted, and may not be used without the written permission of the copyright owner.
The Site is presented for private, noncommercial use only. Materials presented at the Site may be downloaded and printed exclusively for private, noncommercial use, provided that all copyright notices and other notices or proprietary rights are retained on resulting hard copies of the materials. No materials presented at the Site may be otherwise reproduced, in whole or in part, retransmitted or distributed without the written permission of Industrial Supplies.
Trademarks appearing at the Site may be owned and/or registered by parties other than Industrial Supplies, as denoted by express attribution or the clear implication of context. No representation contained at the Site should be construed to authorize the reproduction, retransmission or other use of the trademarks of Industrial Supplies or other parties.
Industrial Supplies will enforce its intellectual property rights to the full extent of the law.
Industrial Supplies serves customers in the United States, United States territories, F.P.O.s, and A.P.O.s. All product prices, specifications and availability are subject to change without notice. Prices do not include shipping or applicable sales tax.
Industrial Supplies uses reasonable efforts to include accurate and up-to-date information on the Site, but does not warrant that it is free of errors or omissions. Because of continuing improvements, actual products may differ slightly from photo. Photograph images may have been retouched. Industrial Supplies will not be liable for any damages to the end-user, whether direct, consequential or incidental, arising from the end-user's use of, or reliance upon, material presented at the Site. Industrial Supplies will not be liable for any damages to, or viruses that may infect, your computer or related equipment as the result of your access to, use of, or downloading material from, the Site. Industrial Supplies is not responsible for the contents of any off-site pages or any other sites linked to the Site. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT ON THE SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.
All communications received by Industrial Supplies via electronic mail or otherwise, including letters, questions and comments, may be posted at the Site or otherwise published by Industrial Supplies. Such communications may be edited for length and clarity.
Certain links on the Site will allow you to leave the Site. These linked sites are not produced by Industrial Supplies and Industrial Supplies is not responsible for the content or material of any linked site or any link contained in a linked site, or any changes or updates to such sites. These linked sites are included by Industrial Supplies as a service to its customers, and the links do not necessarily imply endorsement by Industrial Supplies.
These terms and conditions of use may be amended at any time by Industrial Supplies. The laws of the State of New York shall govern these terms and conditions of use.
