Terms and Conditions
TERMS OF SERVICE (OUR POLICY)
Legal 8000-102 TERMS OF SERVICE TERMS & CONDITIONS Web
TERMS & CONDITIONS
BY PURCHASING A PRODUCT FROM THIS SITE OR ANY SITE OPERATED BY THIS SITE ADMINISTRATION YOU AGREE TO THESE TERMS AND CONDITIONS.
THIS
AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM GOVERNMENT INDUSTRIAL
SUPPLY OR ANY OTHER SITE WHERE THE INVOICE LINKS TO THESE TERMS OF
SERVICE, THE SITE OPERATOR.
READ IT CAREFULLY. NO OTHER TERMS
APPLY. BY TRANSMITTING AN ORDER IN THESE SYSTEMS OR PLACING AN ORDER
WITH OUR CUSTOMER SERVICE AGENT YOU ARE AGREEING TO THESE TERMS.
NOTICES TO YOU: You agree that Government
Industrial Supply may provide you Communications about your Account and the Government
Industrial Supply as described in our Electronic Communications Delivery
Policy:
https://buy.gissn.com/kb_results.asp?ID=507
DEFINITIONS:
"Product" shall mean any products or services sold or licensed by SITE OPERATOR
ENTIRE AGREEMENT:
This
Agreement, along with any applicable policies and agreements on the Legal
Agreements Page
https://buy.gissn.com/kb_results.asp?ID=510
Constitute the entire
agreement
The
terms and conditions herein may NOT be altered BY CUSTOMER,
supplemented, or amended by the use of ANY ADDITIONAL DOCUMENT(s),
VERBAL COMMUNICATION OR EMAIL COMMUNICATION that purport to be an
agreement of the parties. Any attempt to supplement or amend this
document or to enter an order for Product(s) which is subject to
additional or altered terms and conditions shall be null and void.
Account Setup:
Upon
initial registration within this system and by clicking on the "I
Accept" button or placing an order with a customer service agent, you
indicate that you have reviewed, and that you understand and accept, the
terms and conditions contained below, the Privacy Policy, the Terms of
Access and the Terms of Service.
Site Operator requires that you
select a User ID and Password during the registration process. By
requesting a User ID and Password, you represent and warrant that you
have authority to purchase for your own account or that you have the
authority to purchase on behalf of the entity that you represent. Your
unique User ID and Password together shall constitute your signature
("Signature"). A Signature affixed to or contained in any transmitted
document shall be sufficient to prove that you originated the document
and agree to be bound by the terms and conditions thereof. You shall
not disclose your Signature to any unauthorized person.
In
consideration of your use of Site Operator's website, you agree to be solely
responsible for: providing true, accurate, current, and complete
information as prompted by Site Operator's registration form (the
"Registration Information"), and maintaining and promptly updating the
Registration Information to keep it true, accurate, current and
complete. By submitting such information, you agree that it will be
governed by Site Operator's Privacy Policy. You may change or delete
your Registration Information at any time by using your User ID and
Password to access such information. If you provide any Registration
Information that is false, inaccurate, out of date, or incomplete, or
Site Operator has reasonable grounds to suspect that such information is
false, inaccurate, out of date, or incomplete, Site Operator may
suspend or terminate your User ID and the account of your Purchasing
Principal and refuse any and all current or future use of Site Operator
(or any portion thereof).
You are responsible for ensuring the
confidentiality and security of your Signature. Site Operator is not
liable for any unauthorized use of Site Operators website. You agree
to immediately notify Site Operator of any unauthorized use of your User
ID or Password or any other breach of site security of which you become
aware. You shall remain liable for: all confidential or proprietary
information disclosed as a result of any failure to provide any notice
required under this Section; and if applicable, all orders submitted
before Site Operator is so notified and has a reasonable opportunity to
act upon such notice. Site Operator may, without notice, choose to
block your access to Site Operator's website if Site Operator has reason
to believe that your User ID or Password are being used by unauthorized
persons, or that unauthorized access to Registration Information has
occurred or may occur, or for other reasons deemed appropriate by Site
Operator in its sole discretion.
The Terms of Registration are
entered into by and between Site Operator, and you, and the entity on
whose behalf you are authorized to purchase. Site Operator reserves the
right in its sole discretion to amend these Terms by updating this
page.
Order Acceptance by Site Operator/Acceptance of This Agreement by Customer:
Site
Operator sells products for use to customers with identification.
Identification required from all customers. Possession of, or access to,
any Site Operator catalog, literature or websites does not constitute
the right to purchase from Site Operator, Inc. (Site Operator). Site
Operator reserves the right to correct publishing errors. All references
herein to the term PRODUCTS shall include services provided by Site
Operator.
All orders of Products placed by Customer with Site
Operator shall be subject to acceptance by Site Operator. Transmission
of an order by customer and issuance of an internal website tracking
number by this system PLACES GOODS AND SERVICES "IN TRANSIT" and shall
constitute full acceptance of these terms and conditions.
IF YOU
DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SYSTEM, OTHERWISE ALL ORDERS
TRANSMITTED ARE GOVERNED AS PER THE POLICY SET FORTH IN THIS AGREEMENT.
Warranties:
Site Operator makes no warranties except
those stated in the Manufacturer's warranty cards included with
Products, or, in the case of optional extended warranties issued by Site
Operator, such extended warranty documentation.
Site Operator
EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURCHASE.
WARRANTY DISCLAIMER:
NO
WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET
FORTH IN THE WARRANTY STATEMENT ABOVE IS MADE OR AUTHORIZED BY SITE
OPERATOR. SITE OPERATOR DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT
CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION OR
MISAPPLICATION, AND ANY DESCRIPTION DOES NOT EXPRESS OR IMPLY A
WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR
PURPOSE.
ALTHOUGH SITE OPERATOR HAS USED REASONABLE EFFORTS TO
ACCURATELY ILLUSTRATE AND DESCRIBE THE PRODUCTS IN ITS CATALOGS,
LITERATURE, AND WEBSITES, SUCH ILLUSTRATIONS AND DESCRIPTIONS ARE FOR
THE SOLE PURPOSE OF PRODUCT IDENTIFICATION AND DO NOT EXPRESS OR IMPLY A
WARRANTY AFFIRMATION OF FACT, OF ANY KIND OR A WARRANTY OR AFFIRMATION
OF FACT THAT THE PRODUCTS WILL CONFORM TO THEIR RESPECTIVE ILLUSTRATIONS
OR DESCRIPTIONS. SITE OPERATOR EXPRESSLY DISCLAIMS ANY WARRANTY OR
AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE
WARRANTY STATEMENT ABOVE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN
ADDITION, SITE OPERATOR EXPRESSLY DISCLAIMS ANY LIABILITY RELATED TO
PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, PRODUCT RECOMMENDATION, OR
PRODUCT MISAPPLICATION.
WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS:
Customer
shall review all cross-referenced product specifications prior to
purchase and use to determine suitability of the product for Customer's
intended use.
LIMITATION OF LIABILITY:
ANY LIABILITY FOR
CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES IS
EXPRESSLY DISCLAIMED. SITE OPERATOR'S LIABILITY IN ALL EVENTS SHALL NOT
EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT SOLD THAT GIVES RISE TO
SUCH LIABILITY. SITE OPERATOR'S PAYMENT OF SUCH AMOUNT SHALL BE THE
FINAL AND EXCLUSIVE REMEDY IN THE EXHAUSTION OR UNAVAILABILITY OF ANY
OTHER REMEDY SPECIFIED HEREIN AND SHALL NOT BE CONSTRUED OR ALLEGED BY
CUSTOMER TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Manufacturers Warranty:
For information on manufacturers warranties, please contact the Manufacturer.
Prompt Disposition:
Site
Operator will make a good faith effort for prompt correction or other
adjustment with respect to any product, which proves to be defective
within warranty period. Before returning any product, write or call the
Site Operator from which the product was purchased, or contact
Customer Service 1-772-286-2944, giving date and number of original
invoice, and describing defect.
Product Suitability:
Many
states and localities have codes and regulations governing sales,
construction, installation, and/or use of products for certain purposes,
which may vary from those in neighboring areas. While Site Operator
attempts to assure that its products comply with such codes, it cannot
guarantee compliance, and cannot be responsible for how the product is
installed or used. Before purchase and use of a product, please review
the product application, and national and local codes and regulations,
to be sure that the product, installation, and use will comply with
them.
No Warranties to Consumers:
Site Operator makes no
warranties to those defined as consumers in the Magnuson-Moss
Warranty-Federal Trade Commission Improvement Act.
Prices and Conditions:
Price
List is listed with net pay in advance prices upon transmission of
order, prior to shipment and delivery of goods and services.
Prices
listed are sales price, do not include freight, handling fees, or taxes
and/or duties, and are subject to correction or change without notice.
Market Sensitive Commodity items will be priced according to current
market conditions.
Availability:
Certain products may not be available for sale in all areas.
Sales Tax and Duties, Import Fees:
Customers are responsible for all applicable taxes or for providing a valid sales tax exemption certificate.
Site
Operator is required to charge national, state, local tax, applicable
duties, and import fees on products for which Customer has not provided
valid exemption certification. Customer assumes responsibility for, and
unconditionally guarantees payment or reimbursement of, all applicable
taxes, fees, licenses, import duties, and fees and licenses, and
expenses as may be applicable. When ordering, Customer shall indicate
clearly which products are tax exempt.
Security Interest:
On
any open account sale, Customer hereby grants to Site Operator a
priority lien, purchase money security interest and/or chattel mortgage
in the products and any accounts receivable or cash from resale thereof
until full payment is made to Site Operator. Customer agrees to file or
permit Site Operator to file any financing statements or other
appropriate documents with its governmental authorities to perfect the
validity, priority, and enforceability of Site Operator's priority lien
or security interest. Customer agrees to inform Site Operator
immediately if it intends to use any import financing or has or will be
granting a lien or security interest on its inventory to any third
party.
Payment Terms:
Site Operator accepts checks, money
orders, Visa, MasterCard, Discover, PayPal and American Express. For
customers with established Site Operator credit, payment terms are net
30 days from the date of shipment or pick-up. Anticipation and cash
discounts are not allowed. Export orders may be subject to special
export payment terms and conditions. All payments must be in U.S.
dollars. Site Operator shall have the right of set-off and deduction for
any sums owed. If customer fails to make payment within thirty (30)
days, Site Operator may defer shipments until such payment is made, or
may, at its option, cancel all or any part of non shipped order.
Credit Balance:
Customer
agrees that any credit balances issued will be issued as a store credit
and will be applied within one (1) year of its issuance. IF NOT APPLIED
OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT
TO CANCELLATION, AND SITE OPERATOR SHALL HAVE NO FURTHER LIABILITY.
Accounts are charges and credit cards are billed upon transmission of the order by the customer.
Credit
Cards are immediately charged and billed weather the product is
shipped, back ordered, special ordered, manufacturer direct ordered,
discontinued with no alternate, discontinued with an alternate, no
shipment, partial shipment or the order is held for credit verification.
You
give us authorization to bill your account or Credit Card for any
charges associated in connection with the procurement and delivery of
your order upon transmission of your order. You give us authorization to
bill your account or Credit Card for any applicable freight charges and
restocking fees for returned items.
If your order upon checkout
shows Shipping "Billed Separately" you give us authorization to
subsequently charge your account or Credit Card for the shipping charges
associated with the order.
Product discontinuances, product
obsolescence or product end of life cycle are beyond the control of the
site operator. Orders processed that contain items falling into the
discontinued, obsolete or end of life cycle category may or may not be
fulfilled for all or any of the quantity ordered and may be classified
as a no shipment or partial shipment. Credit balances as a result of a
discontinued product no alternate, discontinued with alternate, no
shipment or partial shipment, are applied as a store credit until
customer issues instructions as to the disposition of funds associated
with purchase. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY
BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND SITE OPERATOR
SHALL HAVE NO FURTHER LIABILITY.
Assignment:
Customer
shall not assign any order, any interest therein, or this order without
the prior written consent of Site Operator. Any actual or attempted
assignment without Site Operator's prior written consent shall entitle
Site Operator to cancel such order or to terminate this agreement upon
notice to Customer.
Shipping Charges and Freight Policy:
THERE IS NO FREE SHIPPING
Products
are shipped F.O.B. shipping point with freight costs and handling fees
paid by Site Operator and charged to the customer. C.O.D. shipments are
not permitted. Other terms and conditions may apply for freight collect,
export orders, hazardous materials, special handling or shipments
outside the contiguous United States. Any extra charges incurred for
additional services, such as customer's carrier or special handling by
the carrier, must be paid by the customer. Title and risk of loss pass
to the customer upon tender of shipment to the carrier. If product is
damaged in transit, customer must file claim with the carrier.
You
give us authorization to charge your account or Credit Card for any
additional charges for the processing of your order to include but not
limited to: Shipping, Handling, Insurance, Documentation Fees, Export
Fees, Import Fees, Taxes of any nature from any jurisdiction or agency
or any other charge that arises in the processing and delivery of your
order.
Unless otherwise varied, shipping terms are EXW (as
defined by International Chamber of Commerce Terms, 2000), Site Operator
shipping warehouse. Shipments are freight collect from any Site
Operator facility. Customer shall be responsible for obtaining
insurance. At Site Operator's option, this freight policy may be subject
to special terms and conditions for certain export orders. Title and
risk of loss for products shall pass when made available to Customer on
delivery to carrier in the United States; provided that if payment has
not been made at the time of shipment, Site Operator shall retain title
(but not risk of loss) until payment has been made. If product is
damaged in transit, Customer must file claim exclusively with airline,
carrier, vessel and/or insurance company; provided, however, that if
Site Operator has not received payment in full at the time the product
is damaged in transit, Site Operator shall have the right to file claim
exclusively with airline, carrier, vessel and/or insurance company.
Payment Terms:
Terms of payment are at Site Operator' sole discretion and are agreed to by you upon your transmission of an order.
Site
Operator will charge credit cards upon transmission of the order. Site
Operator accepts MasterCard, Visa, American Express, Discover, Wire
Transfer, ACH payments and Site Operator Preferred Card.
Site Operator does not accept cash, COD's or personal checks.
ORDERS PAID BY WIRE TRANSFER ARE ASSESSED AN ADDITIONAL INBOUND WIRE FEE OF UP TO $50
Purchaser
is ultimately responsible and will pay any sales taxes, ownership
taxes, duties and import taxes, which are assessed by any jurisdiction,
associated with the sale and delivery of any product and or service
contracted for by using this system. You agree to pay or reimburse Site
Operator for any and all sales, use and excise taxes that may be imposed
on you or Site Operator by any government entity as a result of any
sales to you, regardless of when such taxes may be assessed, imposed, or
levied.
Site Operator payment terms are subject to change at any time without notice at Site Operator' sole discretion.
All orders are shipped prepaid.
Open
terms requires prior approval via Credit Agreement Application
processing (which takes approximately 2-3 weeks). We reserve the right
to revoke all credit terms at any time which makes any balances due and
payable immediately and you agree that at the time of credit revocation
that we may bill the credit card on file for the balance due at that
time. A $50 Service charge is assessed on all NSF checks. Interest
charges at 1.5% Per month on all past due balances.
YOU AGREE
THAT YOU WILL UTILIZE OUR CUSTOMER SERVICE TICKET SYSTEM TO SATISFY OR
RESOLVE ANY CLAIM FOR A REFUND BEFORE INITIATING A CHARGE BACK WITH A
CREDIT CARD COMPANY.
YOU AGREE THAT YOU WILL PAY ANY CHARGES INCURRED BY YOUR ORDER TRANSMISSION IN THIS SYSTEM.
THERE IS NO TIME LIMIT FOR BILLING AND CHARGING AN ACCOUNT FOR ANY CHARGES ASSOCIATED WITH THE PROCESSING OF AN ORDER.
If
the Credit Card billing addresses does not match the account address
that you entered on the account screen it will create an AVS (Address
Verification System) mismatch. In order to release the order we verify
your address with you and rerun an AVS CHECK that cost you an additional
fee of $1
SPECIAL ORDERS and MANUFACTURER DIRECT ORDERS are NON
REFUNDABLE. Special orders and manufacturer direct orders with BACK
ORDER STATUS are NON CANCEL-ABLE and NON REFUNDABLE.
Orders requiring a MINIMUM SHIP QUANTITY OR MINIMUM PURCHASE AMOUNT are not subject to change orders.
Site operator reserves the right to make partial shipments and does not guarantee the fulfillment of a complete order.
Authorized
RMAs are subject to "In Transit" terms and conditions including all
freight charges both out and back including restocking fees.
ORDERS
THAT ARE SHIPPED, REFUSED AND RETURNED WITHOUT PRIOR AUTHORIZATION FROM
SITE OPERATOR OR RETURNED UNDELIVERABLE FOR ANY REASON IS AN
UNAUTHORIZED RMA.
UNAUTHORIZED RETURNS ARE NON REFUNDABLE.
Credit Card Funds are held until the transaction is either Store Credited with notification or Closed with a Credit refund.
Site
operator will bill credit cards on file for any charges accrued for any
merchandise and or service performed in conjunction with the processing
of an order with or without the expressed written or verbal permission
of the purchaser as necessary to successfully deliver the goods or
services purchased by the customer or return freight and restock goods
and services that are undeliverable or refused.
Prices and
merchandise are subject to change without notice and are F.O.B. freight
dock of the Supplier, Distributor or Manufacturer of the product.
We
reserve the right to change any price charged for a product or service
up to the final billing with a notation of "Closed Transaction" entry
into the procurement system for the account.
We reserve the right
to change any price charged for a product or service for any clerical
errors or misprints or any additional charges that may be accrued from
any source in conjunction with your order.
We assume no liability
for any changes or failure to deliver due to our inability to obtain
supplies in a timely fashion from the manufacturer or supplier or the
ability of any carrier to deliver in a timely fashion.
YOU WAIVE A
SIGNATURE REQUIRED PROOF OF DELIVERY UNLESS REQUESTED WITHIN 10 MINUTES
OF ORDER PLACEMENT. PROOF OF DELIVERY WILL BE STANDARD PROOF NO
SIGNATURE REQUIRED BY COMMON CARRIERS.
Products:
Site Operator continually updates and revises Products and prices.
Site Operator may revise and/or discontinue Products at any time.
Site
Operator may change the price of a product at any time before delivery
to the customer after the order has been transmitted and is "In
Transit".
Changes between what is shipped and your cost and what
is described in marketing materials or website (ads, catalogs,
specification sheets etc.) are possible.
The Site Operators online store will display current products and pricing if at all possible.
SITE OPERATOR RESERVES THE RIGHT TO CHANGE ANY PRICING AT ANT TIME DURING THE PROCUREMENT PROCESS.
Site
Operator will try to notify you in advance of any price changes if at
all possible, however site operator reserves the right to bill you any
differential between what the price shown on an order is and what the
manufacturer actually charged plus the site operators normal margin of
profit of operations.
Manufacturers discontinue products and
provide replacement products with upgraded or equal features and also
change the products model number or ordering number. This type of change
is called a revision change, version change, obsolescence replacement
or upgrade. The manufacturers may ship a product classified in this
category with a different ordering number with or without notification.
If this takes place and the customer rejects the replacement the site
operator will accept the product for return if it qualifies under this
policy. It is the site operators sole discretion as to application of
the refund policy in this instance.
Site Operator Products are new unless specified as refurbished or used.
Site
operator does not guarantee any stock level as shown on the site. Site
operator does not stock any products and all products are either
distribution center direct or manufacturer direct.
Availability:
Certain products may not be available for sale in all areas.
Product Substitution:
Products (and country of origin) may be substituted and may not always exactly match catalog descriptions and/or images.
Product Suitability:
Many
countries and localities have laws, codes and regulations governing
sales, construction, installation, and/or use of products for certain
purposes that may vary from those in other areas. While Site Operator
attempts to assure that products comply with all applicable laws, codes
and regulations, Site Operator does not guarantee compliance, and is not
responsible for how the product is installed or used. Therefore,
Customer shall have responsibility for compliance with all applicable
laws, codes and regulations, including, without limitation, ANSI, CE,
DIN, UL, NEC, FAA, DOT, NOM, IMDG, IATA, and CSA, regarding installation
or use of products. Before purchase and use of a product, Customer must
review the product application and applicable laws, codes and
regulations to assure full compliance with such laws, codes and
regulations.
Cross-Reference Information:
Product
cross-reference comparisons do not imply that all products compared are
available or perfectly comparable. CROSS-REFERENCED PRODUCTS ARE NOT
REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS.
Customer shall review all cross-referenced product specifications prior
to purchase and use to determine suitability of the product for
Customer's intended use.
Materials of Trade:
Customer
represents that if it is purchasing goods as its "materials of trade" as
defined in the Hazardous Materials Regulations in Title 49 of the Code
of Federal Regulations, that the goods will be used in direct support of
its business, which is not transportation, and that such goods shall
not be resold or transported in a vehicle other than one owned by
itself.
Product Information:
OSHA Hazardous Substance -
Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances
are prepared and supplied by manufacturers. The information and
recommendations contained on the MSDS are believed by Site Operator to
be accurate. Site Operator, however, makes no warranties with respect to
the accuracy of the information or the suitability of the
recommendations. Customer is solely responsible for any reliance on or
use of any information, and for use or application of any product. Site
Operator disclaims any and all liability to any user.
California
Proposition 65. - The State of California requires that certain warnings
be given concerning products subject to Proposition 65. For products
denoted with a note or symbol the following warnings apply:
Warning: This product contains a product known to the State of California to cause cancer.
Warning: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm.
MSDS and a list of Proposition 65 products are available by contacting Site Operator by calling 1-772-286-2944.
Important Notice to Federal Customers Re: Country of Origin:
While
all products listed on Government Industrial Supply meet the
requirements of the Trade Agreements Act, as implemented by FAR Part 25,
other products may not meet these requirements. Site Operator will
advise customers properly identifying themselves as Authorized Schedule
Purchasers at the time of purchase whether an item is TAA-compliant.
Customers seeking to purchase non-TAA items will be given the
opportunity to purchase an alternative item, or to purchase the non-TAA
item through an open market purchase instead of through the schedule.
Federal customers are advised the open market purchases are NOT GSA
Schedule purchases. By purchasing any item on the open market, customer
represents that it has authority to make such purchase and has complied
with all applicable procurement regulations.
Electronic and Photographic Cleaning Fluids Customers:
It
is a violation of federal law to sell, distribute, or offer to sell or
distribute any chlorofluorocarbon or aerosol hydro chlorofluorocarbon
containing cleaning fluid for electronic and photographic equipment to
anyone who is not a commercial user of this product. The penalty for
violating this prohibition can be up to $25,000 per sale. Individuals
purchasing such products must present proof of their commercial status
in accordance with 40 CFR 82.68(a) or ©.
A Commercial User, as
defined in the regulation, means a person that uses the product in the
purchasers business, or sells it to another person and has one of the
following identification numbers: Federal employer identification
number; State sales tax exemption number; Local business license number;
Government contract number.
Refrigerant Customers:
Effective
November 14, 1994, in accordance with the Federal Clean Air Act, sale
of Class 1 (CFC) and Class 2 (HCFC) refrigerant will be restricted to
resale purchases and/or to certified professional service technicians.
To purchase regulated refrigerant products, all customers must present a
certification card or sign a statement of resale to complete the
purchase.
Cancellation:
An order cannot be cancelled once it is "In Transit" and is subject to the "RMA" terms of service.
Any
cancellation prior to shipment must be approved by Site Operator, and
may be subject to restocking and other charges. You must request a
cancellation thru the "Ticket System" in the customer support or help
section of the website.
RETURN POLICY:
Call Site
Operator. Proof of purchase is required. Before returning any product
Customer believes is defective, Customer shall write or call the Site
Operator branch from which the product was purchased; or in the case of
an Internet order, contact www.Site Operator.com with the date and
number of the original invoice, the stock number, and a description of
the defect. You will be issued a ticket# for the RMA process.
The
Site Operator Satisfaction Guarantee program allows for Products
purchased directly from Site Operator to be returned by Customer after
obtaining a Site Operator Return Merchandise Authorization number (RMA)
during the 30 day period following date of order transmission regardless
of delivery date by Site Operator for a refund of purchase price
actually paid minus freight and all applicable restocking fees.
SPECIAL
ORDERS, MANUFACTURER DIRECT ORDERS AND CUSTOM ORDERS ARE NOT ELIGIBLE
FOR RETURN UNDER THE RMA AUTHORIZATION. ALL SALES WITHIN SPECIAL ORDER,
MANUFACTURER DIRECT AND CUSTOM ORDERS ARE FINAL AND NON REFUNDABLE.
IF
AN ALTERNATE PRODUCT IS CHOSEN TO REPLACE THE RETURNED PRODUCT THAT
WOULD RESULT IN A CREDIT BALANCE, ANY CREDIT BALANCE IS RETAINED AS A
STORE CREDIT FOR FUTURE PURCHASES. A REQUEST MAY BE MADE FOR THE STORE
CREDIT TO BE REFUNDED WITHIN 30 DAYS OF THE EXCHANGED PRODUCT ORDER
CONFIRMATION, HOWEVER IT IS THE SOLE DISCRETION OF THE SITE OPERATOR TO
RETAIN THE CREDIT BALANCE AS A STORE CREDIT IF IT IS BEYOND THE 30 DAY
EXCHANGED PRODUCT ORDER CONFIRMATION.
ORDERS THAT ARE SHIPPED,
REFUSED AND RETURNED WITHOUT PRIOR AUTHORIZATION FROM SITE OPERATOR OR
RETURNED UNDELIVERABLE FOR ANY REASON IS AN UNAUTHORIZED RMA.
UNAUTHORIZED RETURNS ARE NON REFUNDABLE.
For
all other orders customer must follow the return instructions exactly
as specified in the RMA or SRO instructions. Any deviation from those
instructions voids the return policy and the order is not returnable.
1.
The RMA number may be obtained from Site Operator Customer Support at
772-286-2944, and must be noted on the outside of the returned Products
container. You must have a Ticket# to have an RMA #.
2. Products are not eligible for RMA if they have been installed or used in any manner.
3.
Electronic components are not eligible for RMA, they must be either
exchanged for an exact product or processed thru the Manufacturer
Warranty Process.
4. Products must be returned in the original packaging.
5. Shipping and handling is not refundable.
6.
A 15% restocking fee applies to all returns that are not exchanged for
like kind products within 72 hours of return. A 25% restocking fee
applies to all plumbing products.
7. Damage and missing part restocking fees may apply.
8. RMAs are valid for only 30 days from issuance and must be issued within 30 days of purchase.
9.
Customer shall be responsible for and prepay all shipping charges and
shall assume all risk of loss or damage to Product while in transit to
and from supplier, distributor and or manufacturer both out and back.
10.
If Customer returns Product to Site Operator (I) without a RMA from
Site Operator or (ii) beyond the 30 day period, or (iii) without proper
packaging, Site Operator retains the right to either refuse delivery of
such return or charge Customer an additional restocking fee of 25%.
11. Items returned without proper paperwork are charged a 30% restocking fee.
12.
Request an Authorized RMA within 30 days of purchase. Not requesting an
RMA within 30 days of purchase is an unauthorized RMA and Non
Refundable.
13. Return product within 30 days of RMA issuance.
Not returning an item with 30 days of RMA Issuance is an unauthorized RMA
and Non Refundable.
RETURNS/CLAIMS:
All returns require
prior Return Merchandise Authorization (RMA) Number and are subject to a
15% restocking charge or $15, whichever is greater. Plumbing products
are subject to a 25% restocking fee. It is the customers responsibility
to check for discrepancies in an order before any claims for returns or
damage are made. Altered products are not returnable. We reserve the
right to deny claims after five days.
1. All claims for
shortages, damages, etc. must be made within 5 days of receipt of
merchandise. All claims for lost or damaged packages that shipped truck
line must be filed by the Customer with the Carrier at the time of
delivery.
2. All returns subject to a 15% or $15.00 restocking
charge, whichever is greater. Plumbing products are subject to a 25%
restocking fee, in addition to freight and C.O.D. charges.
3. All
unclaimed or refused shipments are subject to a 15% restocking charge.
Plumbing products are subject to a 25% restocking fee, in addition to
freight and storage charges.
4. No returns will be accepted by our warehouse without a valid Return Merchandise Authorization (RMA) Number.
5. Defective merchandise must have tape over flaw.
6. Returns without original corresponding invoice number(s) will be credited at the lowest published price.
7.
Merchandise that is not products from the site operator will be
returned at the customer's expense or disposed of by the site operator.
8.
A REFUSED PRODUCT FOR DAMAGE IS AN UNAUTHORIZED RMA UNLESS YOU ADVISE
THE SITE OPERATOR WITHIN 24 HOURS OF ATTEMPTED DELIVERY THAT THE ITEM IS
BEING RETURNED.
SHIPPING HANDLING/RISK OF LOSS:
1. Product prices do not include shipping and handling.
2.
Site Operator will use its sole discretion in selecting a reputable
carrier and appropriate means of shipment. Customer is responsible for
any shipping charge increases created by site operator's selection of
carrier or alternate carrier required to meet any shipping requirement.
3.
Risk of loss or damage to Products in transit is Customer's. In the
event of Product damage or loss during transit, it is the responsibility
of Customer to file a claim with the carrier.
4. Customer is
responsible to pay any additional shipping charges assessed by the carrier
as an adjustment, i.e. Fuel Surcharges, Taxes, Tariffs, Duties, Customs
charges etc.
5. Your account will be billed for any charges
accrued in the transit of your product. You may receive additional
shipping charges billing even after receipt of your product.
6.
Shipments will be shipped at the sole discretion of the site operators
without the consent of the purchaser. Manufacturer Direct items are
shipped at the manufacturers discretion without the consent of the
purchaser.
7. Orders phoned in by 2:00 p.m. are processed to
supplier or manufacturer direct the same day. Fax and Website orders
received by 3:00 p.m. are processed the same day.
8. Order
invoice notification is not shipping notification; it is a confirmation
of a tracking# and places the goods and services "IN TRANSIT".
9. Shipment notification indicates manifest has been tendered to carrier.
10. Shipments are F.O.B. freight dock supplier, distributor or manufacturer shipping dock.
11. Site Operator does not guarantee delivery schedules of shipping companies.
12.
For Third Party Drop Shipments site operator will not be responsible
for discrepancies on orders received by parties other than the invoiced
customer.
13. Freight and Shipping charges are estimates only and
will be revised as necessary to accommodate the shipment. Site operator
will choose the method of shipment and has the sole discretion in
selection and method of shipment without consent of the purchaser.
14.
Credit Cards and Accounts will be billed as necessary for any future
billings that arise in connection with a shipment, regardless of the
time lapse associated with that billing.
15. Multiple freight
billings will occur if multiple line items are shipped from multiple
locations. This would result in substantially different charges for
freight and shipping in order to fill the order. You give the site
operator the right to fill the order from multiple locations as
necessary to fill the order and your credit card will be billed for any
additional freight and shipping charges as necessary to fulfill the
order.
16. SHIPPING, HANDLING, INSURANCE, TAXES, TARIFFS, DUTIES AND DOCUMENTATION FEES ARE NON REFUNDABLE.
17.
Customer bears the added cost of special packaging for fragile goods,
shock proofing, thermal considerations or any other circumstances that
arise to ship the product. The cost of special packaging must be
arranged and paid in advance.
18. Customer is solely responsible
for determining any special packaging arrangements for shipment
security. Arrangements must be made in advance in writing and paid in
advance before shipment.
19. UNLESS OTHERWISE STATED THE
SPECIFIED DELIVERY DATE IS WITHIN 120 DAYS OF THE ORDER DATE. SPECIAL
ORDER AND MANUFACTURER DIRECT SHIPPED ORDERS SPECIFIED DELIVER DATE
UNLESS OTHERWISE STATED IS WITH 360 DAYS OF THE ORDER RECEIPT.
20.
A signed delivery receipt, without any exception noted is viewed as a
free and clear delivery. A free and clear delivery assumes the consignee
inspected the shipment and it was in good order upon delivery.
21.
Customer waives right for a customer signed "Proof of Delivery" as the
method for proof of delivery associated with any merchant chargeback
dispute. If customer requires signature for delivery proof, a request
must be made to site operator by REPLY and retransmitting Order
Confirmation" with words "SIGNATURE REQUIRED" in subject. A ticket #
must be issued requesting Signature Required. Customer accepts standard
no signature required proof of delivery provided by carriers as final
determination as to whether customer received product. Carrier proof of
delivery constitutes acceptance of free and clear delivery to the
customer or the consignee.
PICKUPS/WILL CALL:
Site operator retains in its sole discretion weather an order is available for "Will Call" and the location for pickup.
Customer
pickups or will call are also available and may be picked up the same
day ordered if placed by 12:30 p.m. and stock is available at nearest
pickup location. Current customers please allow 4 hours for processing
orders. New customers should allow more time. Orders not picked up
within 5 working days or cancelled after they've been placed, will be
subject to a 15% restocking charge, or a $15 charge, whichever is
greater. Will Call provisions are for established will call customers by
our credit department.
REFUSED/CANCELED/CHANGED ORDERS:
All
unclaimed, refused shipments or cancellations will be subject to a 15%
restocking charge or $15 charge, whichever is greater, as well as any
freight and C.O.D. charges.
Because order processing begins immediately after placement, additions to orders will be placed as a separate order.
Changes will not be made once the order is placed.
Once
an order is placed the order is considered "In Transit" or invoiced and
is subject to full billing, the freight charges accrued and the
restocking fee even if an RMA is issued.
Email or voice mail
cancellation of an order is not a valid method to cancel an order. All
orders must be cancelled by processing an order cancellation transaction
in the service section of the website or contacting a customer service
representative. An order must be canceled before fulfillment. Once an
order is fulfilled it is subject to the return policy. An order
cancellation after the order has been fulfilled is subject to the
returns policy.
Special Orders, Manufacturer Direct and Custom
Orders are not cancel able, are non refundable and are not subject to
change orders.
Every attempt will be made to Stop Shipment for a
cancelled order but the accrued freight and restocking fees will apply
even if successful in stopping an order.
Manufacturer direct
items or manufacturer build to specification items are considered
invoiced and are not returnable once the requisition is placed with the
manufacturer.
Site operator assumes no liability for any
timeliness of delivery. The selection of a freight and or shipper
carrier service level is only a customer chosen suggested level of
service and may be modified by the site operator if necessary when any
inability to deliver the product due to circumstances beyond the control
of the site operator.
Customer and Technical Support:
Site
Operator promises its technical support people will attempt to handle
over the telephone problems involving Site Operator Products. However,
Site Operator support people may not be able to understand or resolve a
particular problem.
Customer service and technical support for
Site Operator systems is available through Site Operator Technical
Response Center 24 hours a day, 5 days a week. The number is
772-286-2944
Export Controls and Related Regulations:
Customer
represents and warrants that it is not on, or associated with any
organization on the United States Department of Commerce's Bureau of
Industry and Security's Denied Persons List or Unverified List; or the
United States Department of the Treasury's Office of Foreign Assets
Control lists, Specially Designated Nationals, Specially Designated
Global Terrorists, Specially Designated Narcotics Traffickers, Specially
Designated Narcotic Traffickers-Kingpin, or Specially Designated
Terrorists List; or the United States Department of State's Designated
Foreign Terrorist Organizations, Embargoed Countries list, or Debarred
Persons List; or is subject to a denial order issued by the United
States Department of Commerce. Customer shall comply with all relevant
laws and regulations of governmental bodies or agencies, including but
not limited to all applicable export control laws of the United States
or other governing agencies and their successors.
Foreign Principal Party in Interest; Freight Forwarder and Documentation:
It
is specifically agreed that Customer shall be the foreign principal
party in interest and/or that its freight forwarder shall act as
Customer's agent in such capacity for Export Administration Act or other
applicable purposes; and Customer and freight forwarder shall assume
responsibility for all export or routed transactions documentation. At
Site Operator's request, Customer or its freight forwarder shall provide
copies of any export, shipping, or import documentation prepared by
Customer or its freight forwarder related to sales to them by Site
Operator.
U.S. Foreign Corrupt Practices Act:
Customer
acknowledges that it is an Independent Contractor, as defined in the
next paragraph, and represents, warrants, and covenants that it has not
paid, offered or agreed to pay, authorized the giving of, or caused to
be paid, directly or indirectly, money or anything of value to any
foreign official (as defined in the U.S. Foreign Corrupt Practices Act,
as amended), in connection with the purchase and resale of the products
ordered.
Independent Contractors:
Site Operator and
Customer are Independent Contractors and not principal and agent.
Nothing construed or contained in these Terms and Conditions shall be
construed to create a partnership, dealership, reseller, agency,
employment or joint venture relationship. Without limiting the
generality of the foregoing, Customer is not authorized to make, shall
take no actions, and shall not make, any representations on behalf of,
or which are binding upon, Site Operator.
Governing Law; Limitations:
The
rights and obligations of the parties under these Terms and Conditions
shall not be governed by the provisions of the 1980 United Nations
Convention of Contracts for the International Sale of Goods or the
United Nations Convention on the Limitation Period in the International
Sale of Goods. Rather, these Terms and Conditions shall be governed by
the laws of the State of Colorado, United States, including its
provisions of the Uniform Commercial Code, but excluding its conflict of
law rules. Notwithstanding the foregoing, any legal action by Customer
with respect to any transaction must be commenced within one year after
the cause of action has arisen.
Severability:
If any
portion of these Terms and Conditions is found to be invalid or
unenforceable by a court of competent jurisdiction, the invalid or
unreasonable term shall be redefined, or a new enforceable term
provided, such that the intent of Site Operator and Customer in agreeing
to the provisions of these Terms and Conditions shall be enforceable to
the fullest extent of the applicable laws.
Dispute Resolution:
Actions
by Site Operator for nonpayment by Customer of the purchase price of
products sold by Site Operator, or for redress of other breaches by
Customer of these Terms and Conditions, may be brought by Site Operator,
at its option, before any United States or foreign judicial court of
competent jurisdiction. At Site Operator's option, disputes between
Customer and Site Operator, including all claims for non-performance by
Site Operator, shall be finally settled by arbitration in Chicago,
Illinois, United States, in accordance with the Commercial Arbitration
Rules of the American Arbitration Association, by a single arbitrator
appointed in accordance with said Rules applying these Terms and
Conditions and consistent provisions of the federal and state laws
(except conflict of law rules) of the State of Illinois, United States,
and the language of the arbitration shall be English.
Country of Importation and Anti-diversion:
Customer
represents that it is purchasing products from the United States and
importing them to the country specified in Customer's and Site
Operator's documentation. Customer agrees that the products will be
shipped to the specified destination in compliance with the laws of such
destination and the United States, and that there will be no re-export
or diversion from such specified destination contrary to such laws. Any
commodities, technology and software will be exported from the United
States in accordance with the Export Administration Act regulations and
other applicable regulations. Diversion contrary to United States law is
prohibited. If requested by Site Operator, Customer shall provide
documentation satisfactory to Site Operator verifying delivery at the
designated country. Customer further agrees to inform Site Operator at
the time of order of any NAFTA or other special documentation, packaging
or product marking or labeling, but Site Operator shall not be
responsible for providing any such documentation, packaging, marking or
labeling other than such documents as are necessary under United States
export laws and regulations for export, unless Site Operator expressly
agrees to do so.
Permits, Export, and Import Licenses:
Customer
shall be responsible for obtaining any licenses or other official
authorizations that may be required by the country of importation and/or
under the Export Administration Act, Toxic Substances Control Act, or
other applicable legislation or regulations; including but not limited
to the Department of Defense or Department of State regulations.
Important Notice to Federal Customers Re:
Country of Origin:
While
all products listed on GSA Advantage and Defense e Mall , meet the
requirements of the Trade Agreements Act, as implemented by FAR Part 25,
other products may not meet these requirements. Site Operator will
advise customers properly identifying themselves as Authorized Schedule
Purchasers at the time of purchase whether an item is TAA-compliant.
Customers seeking to purchase non-TAA items will be given the
opportunity to purchase an alternative item, or to purchase the non-TAA
item through an open market purchase instead of through the schedule.
Federal customers are advised the open market purchases are NOT GSA
Schedule purchases. By purchasing any item on the open market, customer
represents that it has authority to make such purchase and has complied
with all applicable procurement regulations.
Electronic Data Interchange:
If
Site Operator and Customer have mutually agreed to use an Electronic
Data Interchange (EDI) system to facilitate purchase and sale
transactions, Customer agrees that it will not contest: (i) any contract
of sale resulting from an EDI transaction under the provisions of any
law relating to whether agreements must be in writing or signed by the
party to be bound thereby; or (ii) the admissibility of copies of EDI
records under the business records exception to the hearsay rule, the
best evidence rule or any other similar rule, on the basis that such
records were not originated or maintained in documentary form. Site
Operator and Customer will negotiate and agree on technical standards
and methods to use in making EDI purchases, and will use proper security
procedures to protect EDI records from improper access. The business
records maintained by Site Operator regarding EDI purchases made by
Customer shall be controlling.
Modification of Terms:
All
orders by Customer to purchase Site Operator products are subject to
acceptance by Site Operator. Site Operator's acceptance of any order is
conditioned upon Customer's assent to all terms and conditions
applicable to the transaction. No additions or modifications of terms
and conditions by Customer shall be binding upon Site Operator unless
agreed to by Site Operator in writing. If a purchase order or other
correspondence contains terms and conditions proposed by the Customer
that are contrary to the applicable terms and conditions, Site
Operator's acceptance of any such order shall not be construed as assent
to any of the terms and conditions proposed by the Customer, and will
not constitute a waiver by Site Operator of any of the terms and
conditions pursuant to which this agreement is made.
Force Majeure:
Site
Operator shall not be liable for any delay in, or impairment of,
performance resulting in whole or in part from acts of God, acts of war,
acts of terrorism (whether actual or threatened), governmental decrees
or controls, insurrections, epidemics, quarantines, labor disruptions,
shortages, communication or power failures, fire, accident, explosion,
inability to procure or ship product or obtain permits and licenses,
supplies or raw materials, severe weather conditions, catastrophic
events, or any other circumstance or cause beyond the reasonable control
of Site Operator in the conduct of its business.
No Third Party Benefit:
The
provisions stated above are for the sole benefit of Site Operator and
Customer, and confer no rights, benefits or claims upon any person or
entity not a party hereto.
Waiver:
The failure of either
Site Operator or Customer to assert a right hereunder or to insist upon
compliance with any term or condition will not constitute a waiver of
that right or excuse any subsequent nonperformance of any such term or
condition by the other party.
Headings:
The section
headings used herein are for convenience or reference only and do not
form a part of these terms and conditions, and no construction or
inference shall be derived there from.
Critical Components:
The
Products are not authorized for use as critical components in life
support systems or situations where failure to perform can reasonably be
expected to cause significant injury to users or others.
Third party warranties, if any, for software are contained in the license agreement that accompanies the software.
Software License Terms:
All
software (including pre-loaded software contained in hardware) is
provided subject to such softwares user license agreement. Customer
agrees that it will be bound to such agreement.
Waiver/Invalidity:
Failure
of Site Operator to insist upon strict performance of any provisions
hereof shall not be deemed a waiver of its right and remedies. If any
provision of this Agreement is deemed by a court to be unenforceable,
the remainder shall stay in effect.
Complete Agreement:
These
terms and conditions, together with any other terms and conditions that
Site Operator publishes or makes available to Customer (i) on an
invoice or a packing slip, (ii) at "www.Site Operator.com," or (iii) in
any document including, without limitation, those involving extension
of credit by Site Operator, or export of products, represent the entire
agreement between the parties and shall supersede all written and
unwritten statements, agreements, and understandings between Site
Operator and Customer pertaining to the subject matter of this
agreement.
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