Terms and Conditions of Use THE TERMS AND CONDITIONS SET FORTH ON THIS FORM AND ANY WRITTEN AGREEMENT EXECUTED BY BUYER AND COMPLETE SAFETY SUPPLY COMPANY CONSTITUTE THE ENTIRE AGREEMENT BETWEEN COMPLETE SAFETY SUPPLY COMPANY, BY AND ON BEHALF OF ITS AFFILIATES, AND BUYER. COMPLETE SAFETY SUPPLY COMPANY WILL NOT BE BOUND BY ANY ADDITIONAL OR DIFFERENT TERMS ON BUYER’S ORDER OR OTHER DOCUMENTS THAT ARE INCONSISTENT WITH THESE TERMS. ACCEPTANCE BY BUYER OF THESE TERMS MAY BE MADE BY (1) WRITTEN ACCEPTANCE, (2) USE OF COMPLETE SAFETY SUPPLY COMPANYS’ ONLINE ORDERING SYSTEM OR (3) RECEIPT BY BUYER OF DELIVERY OF ANY PRODUCTS FROM COMPLETE SAFETY SUPPLY COMPANY, WHICHEVER FIRST OCCURS.
ORDERS Buyer will submit orders for products and services through Complete Safety Supply’s online ordering system for safety supplies, industrial & medical supplies, specialty gases, welding products, tools and related equipment and services, located on the World Wide Web at www.completesafetysupply.com. These terms apply to all orders for products and services accepted by Complete Safety Supply Company. Acceptance of Buyer’s order by Complete Safety Supply Company will be made only on the express understanding and condition that insofar as these terms conflict with any terms and conditions in Buyer’s order, these terms shall govern. No order shall be binding upon Complete Safety Supply Company until Complete Safety Supply Company sends Buyer confirmation of such order through electronic mail, facsimile, or other written communication.
PRICES, TAXES, PAYMENT All prices quoted, all orders accepted, and all billings rendered are exclusive of all federal, state and local withholding, excise, sales, use and similar taxes, fees, or charges imposed by any government authority on this transaction. All prices presented on the site are subject to change at any time and without notice. Buyer will reimburse Complete Safety Supply Company for any such tax, fee or charge, at the time of sale or thereafter, that Complete Safety Supply Company is required to pay. Terms of payment are Net 30 days unless otherwise stated at time of order and on confirmation. At its discretion Complete Safety Supply Company may extend credit to Buyer, and any amount of credit extended by Complete Safety Supply Company to Buyer may be changed or withdrawn completely by Complete Safety Supply Company at anytime without prior notice. On any order for which credit is not extended by Complete Safety Supply Company, shipment or delivery shall require, at Complete Safety Supply Company’s election, cash with order (in whole or in part). If any proceeding is brought by or against Buyer under bankruptcy or insolvency laws, Complete Safety Supply Company shall be entitled to cancel any order by Buyer then outstanding without prior notice.
RETURNS, CHANGES AND CANCELLATIONS Cancellations of and changes to orders for products and services, and returns of products by Buyer, will be subject to Complete Safety Supply Company’s then existing return, change and cancellation policies and fees. Complete Safety Supply Company reserves the right to modify its return, change, and cancellation policies and fees at any time and without prior notice to Buyer. Buyer agrees to pay all charges resulting from such returns, changes and cancellations, and including, without limitation, storage and shipment costs, costs of purchasing non-returnable materials, and any other cost resulting from cancellations, changes or returns. For further explanation on the current policy, please call our office at (815) 476-0176
TITLE, DELIVERY AND ACCEPTANCE All sales of products are made F.O.B. the shipping point. Buyer will be responsible for all shipping and insurance charges, and will reimburse Complete Safety Supply Company for all shipping and insurance costs Complete Safety Supply Company incurs. Title and risk of loss of or damage to the products shall pass to Buyer on the date the products are delivered to a common carrier on the Shipment Date. In the event of any default by Buyer, Complete Safety Supply Company may decline to make further shipments without in any way affecting its rights. Complete Safety Supply Company will not be liable for delay or non-delivery of the products, resulting or arising from any cause beyond the reasonable control of Complete Safety Supply Company. The products will be deemed accepted on the Shipment Date.
USE OF PRODUCTS For the products sold by Complete Safety Supply Company that are not intended for human consumption: Buyer acknowledges that the products may not have been tested for safety and efficiency in commercial or any other use. Some products may contain gases and chemicals, which may be harmful if misused. Due care should be exercised with all such products to prevent direct human contact. Complete Safety Supply Company will provide material safety data sheets (“MSDS”) or other instructions with the initial shipment upon request of the Buyer. Buyer shall provide the MSDS and instructions to all personnel of Buyer, and to any third party authorized by Buyer to use products purchased hereunder by Buyer, prior to the handling and use of the products by such personnel or third party. Buyer shall ensure that such personnel at all times use the products strictly in accordance with the MSDS, the instructions, and any warnings on the labels of the products; and Buyer shall obtain written assurances from such third party that the third party will at all times use the products strictly in accordance with the MSDS, the instructions, and any warnings on the labels of the products. Only qualified, trained professionals who are familiar with the hazards associated with such gases and chemicals should handle all gases and chemicals.
CONFIDENTIAL INFORMATION “Confidential Information” shall mean any information disclosed by one party to the other which is marked or identified as “Confidential”, “Proprietary” or in some other manner to indicate its confidential nature, or information which the receiving party should know that the disclosing party would reasonably regard as confidential. Each party shall treat as confidential all Confidential Information of the other party, shall not use such confidential information except as set forth herein, and shall use reasonable efforts not to disclose such confidential information to any third party. Without limiting the foregoing, each of the parties shall use at least the same degree of care, which it uses to prevent the disclosure of its own Confidential Information of like importance to prevent the disclosure of Confidential Information disclosed to it by the other party under this agreement. Each party shall promptly notify the other party of any actual or suspected misuse or unauthorized disclosure of the other party’s Confidential Information. Notwithstanding the above, neither party shall have liability to the other with regard to any Confidential Information of the other which the receiving party can prove: 1.) was in the public domain at the time it was disclosed or has entered the public domain through no fault of the receiving party; 2.) was known to the receiving party, without restriction, at the time disclosure; 3.) is disclosed with the prior written approval of the disclosing party; 4.) was independently developed by the receiving party without any use of the Confidential Information; 5.) became known to the receiving party, without restriction, from a source other than the disclosing party, without breach of this agreement by the receiving party and otherwise not in violation of the disclosing party’s rights; or 6.) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that the receiving party shall provide prompt notice thereof to the disclosing party to enable the disclosing party to seek a protective order or otherwise prevent or restrict such disclosure. Breach of the confidentiality obligations set forth in this Section 7 may cause irreparable damage and therefore, the injured party shall have the right to equitable and injunctive relief, and to recover the amount of damages (including reasonable attorney fees and expenses) incurred in connection with such unauthorized use. Upon expiration or termination of this agreement, each party shall return all tangible Confidential Information received from the other party. Notwithstanding the foregoing provisions of this Section 7, Complete Safety Supply Company will have the right to use, sell, or otherwise distribute aggregated statistical information regarding Buyer’s use of Complete Safety Supply on-line in accordance with Complete Safety Supply Company’s Privacy Policy; provided, however, that Complete Safety Supply Company shall not disclose the name or identity of the Buyer, or any information or data from which such name or identity could reasonably be discerned. In consideration of the above, Buyer agrees that all information on the site including information related to the customer, accounts, electronic catalogue, and other information are all confidential information and property of Complete Safety Supply Company.
INDEMNITY Buyer shall indemnify, defend, and hold harmless Complete Safety Supply Company and its employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that Complete Safety Supply Company may sustain or incur arising from (a) Buyer’s use of the products (including without limitation to storage, handling, and transportation of products), (b) use of the products by a third party with Buyer’s authorization, (c) use of the products by a third party without Buyer’s authorization, where such unauthorized use is due to Buyer’s negligent act or omission, or willful misconduct, (d) Buyer’s failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad, the Toxic Substance Control Act, and the Emergency Planning and Community Right-to-Know Act of 1986, or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase and use the products), or (e) the Buyer’s breach of any of its obligations set forth in these terms or in the agreement. Complete Safety Supply Company will provide Buyer with: (i) prompt written notice of such claim of which Complete Safety Supply Company is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at Buyer’s expense to settle and/or defend and such claim. Notwithstanding the foregoing, Buyer shall not settle and such claim, suit or proceeding without the written consent of Complete Safety Supply Company, which shall not be unreasonably withheld.
WARRANTIES AND DISCLAIMERS All information appearing on Complete Safety Supply on-line is provided “AS IS” and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise. Complete Safety Supply Company provides no warranty with respect to Complete Safety Supply on-line or the products and/or services sold hereunder, except products directly manufactured by or services directly provided by Complete Safety Supply Company. For products not directly manufactured by Complete Safety Supply Company and services not directly provided by Complete Safety Supply Company, Buyer receives a warranty on such products or services, if any, directly from the manufacturer of those products or provider of those services to the extent such “pass-through” warranties are available. Upon the request of the Buyer, Complete Safety Supply Company will use commercially reasonable efforts to inform the Buyer of the warranty policy of a particular manufacturer or service provider, or to direct Buyer to a source of such information.
COMPLETE SAFETY SUPPLY COMPANY MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO COMPLETE SAFETY SUPPLY ON-LINE OR THE PRODUCTS AND SERVICES SOLD HEREUNDER. COMPLETE SAFETY SUPPLY COMPANY EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. COMPLETE SAFETY SUPPLY COMPANY DOES NOT WARRANTY THAT THE OPERATION OF COMPLETE SAFETY SUPPLY ON-LINE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT COMPLETE SAFETY SUPPLY ON-LINE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LIMITATION OF LIABILITY COMPLETE SAFETY SUPPLY COMPANY SHALL NOT BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, NOR FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF COMPLETE SAFETY SUPPLY COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST BUYER. COMPLETE SAFETY SUPPLY COMPANY’S TOTAL LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD HEREUNDER SHALL IN NO EVENT EXCEED THE PRICE PAID BY BUYER FOR SUCH PRODUCT OR SERVICE.
GENERAL Complete Safety Supply Company reserves the right to modify any programs, policies, information, products and services contained on Complete Safety Supply on-line any time and without notice to Buyer. A Buyer who uses information contained on Complete Safety Supply on-line or makes decisions based on such information does so at his own risk. Buyer shall not assign (a) any order for products and/or services placed through Complete Safety Supply on-line or (b) any interest in or any rights under such order, without the prior written consent of Complete Safety Supply Company. These terms constitute the entire agreement between Complete Safety Supply Company and Buyer and supersede all previous communications, representations and agreements (except for the agreement), whether oral or written, between Buyer and Complete Safety Supply Company with respect to the subject matter hereof. These terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Buyer and Complete Safety Supply Company. The failure by Complete Safety Supply Company to enforce at any time any of the provisions in these terms will in no way be construed as a waiver of such provisions.
ACCESS AND USE OF INFORMATION Access to this site is limited to viewing the linked pages solely for legitimate business purposes to access the information provided by Complete Safety Supply Company at this site. Any access or attempt to access other areas of the Complete Safety Supply Company computer systems or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this site other than in connection with a legitimate business purpose.
TRADEMARKS This site contains many Complete Safety Supply Company, 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 web site including copyright, trademarks, trade secret and patent rights are reserved.
COPYRIGHT All materials contained on this site are subject to the ownership rights of Complete Safety Supply Company and its Suppliers. Complete Safety Supply Company hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or acquiring Complete Safety Supply Company services or products.
SUBMISSIONS All remarks, suggestions, ideas, graphics or other information communicated to Complete Safety Supply Company through this site will forever be the property of Complete Safety Supply Company. Unless otherwise specified in writing, all material submitted to Complete Safety Supply Company will be presumed to be public and Complete Safety Supply Company will not be required to treat the information as confidential. Complete Safety Supply Company shall have exclusive ownership of all present and future existing rights in the information, without compensation to the person sending the information.
COMPLETE AGREEMENT The terms and conditions of use contained in Complete Safety Supply Company’s web site terms and conditions of use contained herein, forms, acknowledgements, quotations, invoices and sales terms and conditions, are incorporated herein by reference and constitute the entire and exclusive agreement between Buyer and Complete Safety Supply Company.
