Terms & Conditions
Terms & Conditions
Accurate Safety Compliance herein is referred to as ASC.
ASC sells products for business use to customers with business identification and identification is required from all customers. Possession of, or access to, any ASC catalog, literature or websites does not constitute the right to purchase from ASC. ASC reserves the right to correct publishing errors. All references herein to the term “products” shall include services provided by ASC.
Prices listed are wholesale, do not include freight, handling fees, or taxes and/or duties, and are subject to correction or change without notice. Pricing for Products destined for delivery outside of the contiguous United States may vary. Market Sensitive Commodity items will be priced according to current market conditions. No discounts off of the ASC "each" price will apply to these Products. Customer should contact ASC or check online at www.accuratesafetyco.com for current pricing.
Customers are responsible for all applicable taxes or for providing a valid sales tax exemption certificate.
ASC accepts cash, checks, money orders, Visa, MasterCard, Discover, American Express, and PayPal. For customers with established ASC credit, payment terms are Net 30 days from the date of shipment or pick-up. Anticipation and cash discounts are not allowed unless otherwise stated. Export orders may be subject to special export payment terms and conditions. All payments must be in U.S. dollars. ASC shall have the right of set-off and deduction for any sums owed. If customer fails to make payment within thirty (30) days, ASC may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped order.
ASC accepts credit terms with customers ONLY if certain steps are taken and adhered to. All customers that aspire to set up a credit account with ASC, must complete an ASC Credit Application, and have a minimum of three (3) good standing references. Once credit terms are granted or denied, a letter will go out to the applying customer with the results. A credit card is required to be on file with a Net Account, for ASC protection only! Prior to charging your card, you will be notified and provided an accounts receivables summary.
Customer agrees that any credit balances issued 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 ASC SHALL HAVE NO FURTHER LIABILITY.
Discounts are available. We offer different levels, types, and tiers of discounts depending on several factors; relationship, accounts receivable status, average days to pay, quantities, frequency, network status, and by utilizing multiple ASC divisions.
REQUESTS FOR QUOTATIONS - RFQ
RFQ can be formal or non-formal, written, emailed, texted, or verbal and are good for thirty (30) days. RFQ on large quantities are available upon request and volume incentives are sometimes but not always available. Customer should contact us.
Products are shipped F.O.B. shipping point with freight costs and handling fees paid by ASC and charged to the customer. Cash On Delivery (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.
INTERNATIONAL SHIPPING CHARGES
Unless otherwise varied, shipping terms are EXW (as defined by International Chamber of Commerce Terms, 2000), ASC shipping warehouse. Freight is prepaid to U.S. airport or port of exit for single shipment orders of $5,000 or more of merchandise (before tax and freight) using routing of ASC's choice. Other shipments are freight collect from any ASC facility. Customer shall be responsible for obtaining insurance. At ASC’s option, this freight policy may be subject to special terms and conditions for certain export orders. If any item is backordered that qualifies for freight prepayment, that item will be shipped prepaid as Buyer's exclusive remedy. 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, ASC 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
ASC has not received payment in full at the time the product is damaged in transit, ASC shall have the right to file claim exclusively with airline, carrier, vessel and/or insurance company.
ASC LIMITED WARRANTY
ALL PRODUCTS SOLD ARE WARRANTED BY ASC ONLY TO CUSTOMERS FOR RESALE, OR FOR USE IN BUSINESS, OR ORIGINAL EQUIPMENT MANUFACTURE and ASC only warrants products against defects in materials and workmanship under normal use FOR A PERIOD OF ONE YEAR AFTER THE DATE OF PURCHASE from ASC, unless otherwise stated. ASC will use reasonable efforts to repair or replace, at its option, any product that ASC has determined to be defective in materials or workmanship under normal use within the warranty period; provided, however, that Customer has returned such defective product to the appropriate ASC branch or authorized service location, as designated by ASC, shipping costs prepaid. Such repair or replacement, at ASC's option, or ASC's refund of amounts paid by Customer for the defective product, shall be Customer's sole and exclusive remedy.
Any product return by Customer must be approved by ASC, and may be subject to restocking fees and other charges. Before returning any product Customer believes is defective, Customer shall write or call ASC, or in the case of an Internet order, contact email@example.com with the date and number of the original invoice, the stock number, and a description of the defect.
NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY STATEMENT ABOVE, IS MADE OR AUTHORIZED BY ASC. ASC EXPRESSLY DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, PRODUCT RECOMMENDATION, OR MISAPPLICATION, AND ANY DESCRIPTION DOES NOT EXPRESS OR IMPLY A WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.
ALTHOUGH ASC 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.
LIMITATION OF LIABILITY
ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES IS EXPRESSLY DISCLAIMED. ASC’S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.
The manufacturer warrants many of the products offered for sale to the final user. The manufacturers make available copies of any applicable warranties. ASC will furnish such warranties free of charge to Customers upon their request. All requests must include the ASC stock number and the manufacturer's model number (if shown) of each product for which a copy of the warranty is requested. ASC assumes no responsibility for the content of such warranties by performing this service. For information on manufacturers’ warranties, please send such requests to: P.O. Box 721011, Norman OK, 73070 or firstname.lastname@example.org or contact ASC by phone at 800.275.3461.
ASC 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, email or call ASC at 800.275.3461 or email@example.com, giving date and number of original invoice, and describing defect.
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 ASC attempts to assure that products comply with all applicable laws, codes and regulations, ASC 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, OSHA, 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.
Products (and country of origin) may be substituted and may not always exactly match catalog descriptions and/or images.
NO WARRANTIES TO CONUMERS
ASC makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.
Information Product cross-referencecomparisons 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.
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 ASC to be accurate. ASC, 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. ASC disclaims any and all liability to any user.
ASC 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 ASC in the conduct of its business.
Any cancellation by Customer must be approved by ASC, and may be subject to restocking fees and other charges. Most orders are transmitted almost immediately to our warehouse, where they're processed and shipped out. So if you want to change or cancel your order, please let us know as soon as possible by calling 800-275.3461. We will check the status of your order and attempt to immediately make the necessary changes.
If your order has already been transmitted to our warehouse for shipping, we may not be able to make changes to the order as it may ship as is. If that is the case and you would like to place an additional order, please contact Customer Service. You can also refuse delivery if that is more convenient for you, or return your item(s) to any ASC location, even if you ordered it online or by catalog.
ASC and Customer need to be viewed as a partnership. The benefits of cooperation rather than conflict in buyer-supplier relationships include on-going cost reductions, quality improvements, increased operating flexibility and more powerful competitive strategies. Customers who work more closely with suppliers will also be able to create a more responsive supply chain that can meet final demand in a timely manner.
Partnerships are based upon commitment, trust and continuous improvement. Ethical issues and personal values always influence negotiations, communications, bargaining, and the transfer of goods, services and money. Several employees from both the supplier and buyers side are typically involved in the relationship and such transactions.
SEPERATION OF RELATIONSHIPS
If ASC and the Customer have mutually agreed to separate their relationship, then ASC requires the Account Receivables (AR) to be paid if full within thirty (30) days of separation agreement.
Through the Separation Date, Customer agrees to fully cooperate with the orderly transfer of Customer responsibilities as ASC may direct. Customer further agrees to be reasonably available even after relationship with ASC ends, upon reasonable notice from ASC in connection with any and all claims, disputes, negotiations, investigations, lawsuits or administrative proceedings involving ASC, to provide information or documents, provide declarations or statements to ASC, meet with attorneys or other representatives of ASC, prepare for and give depositions or testimony, and/or otherwise cooperate in the investigation, defense or prosecution of such matters. Customer will reimburse ASC for all reasonable, documented expenses incurred, in accordance with ASC normal policies and practices in complying with the obligations of this provision. In the event ASC is asked to provide products and services after the Separation Date, ASC agrees to charge Customer for such products and services at a reasonable rate.
ELECTRONIC DATA INTERCHANGE
If ASC and the 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. ASC and customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access. The business records maintained by ASC regarding EDI purchases made by customer shall be controlling.
MODIFICATION OF TERMS
ASC's acceptance of any order is subject to customer's assent to all of the terms and conditions set forth in the ASC acknowledgment, and customer's assent to these terms and conditions shall be presumed from customer's receipt of ASC's acknowledgment, or from customer's acceptance of all or any part of the goods or services ordered. No addition or modification of terms and conditions shall be binding upon ASC unless agreed to by ASC in writing. If a purchase order or other correspondence contains terms or conditions contrary to the terms and conditions contained in ASC's acknowledgment, ASC's acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by ASC of any of the terms and conditions contained in the ASC acknowledgment.
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 U.S. Federal Regulations, the goods shall be used in direct support of its business, such business does not concern transportation, and such goods shall not be resold or transported in a vehicle other than the one owned by itself unless it has been properly packaged, documented and declared to the carrier.
WAIVER, CHOICE OF LAW AND VENUE
The failure of either party 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. All transactions shall be governed by the laws of the State of Oklahoma, excluding conflict of law rules, and venue shall be in Cleveland County, State of Oklahoma.
NO THIRD PARTY BENEFIT
The provisions stated above are for the sole benefit of the parties hereto, confer no rights, benefits or claims upon any person or entity not a party here to.
LIMITATION OF LIABILITY
ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES IS EXPRESSLY DISCLAIMED. ASC'S LIABILITY IN ALL EVENTS SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT SOLD THAT GIVES RISE TO SUCH LIABILITY. ASC'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.
TAXES, DUTIES, AND IMPORT FEES
ASC 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.
On any open account sale, Customer hereby grants to ASC 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 ASC. Customer agrees to file or permit ASC to file any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of ASC's priority lien or security interest. Customer agrees to inform ASC 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.
TRADEMARKS, COPYRIGHTS, AND DOMAIN NAMES
Customer acknowledges that it has no right, title, or interest in the trade names, trademarks, copyrights, or domain names of ASC, and in the product names, and covenants that it will take no action to register or otherwise interfere with such rights of ASC. Customer agrees that it will not copy the products sold to Customer or their packaging, trade dress, catalogs, or websites.
Customer shall not assign any order, any interest therein, or this order without the prior written consent of ASC. Any actual or attempted assignment without ASC's prior written consent shall entitle ASC to cancel such order or to terminate this agreement upon notice to Customer.
Customer acknowledges that no order shall be deemed accepted unless and until it is verified and accepted by ASC. Customer further consents that submission of its order shall subject Customer to the jurisdiction of the federal courts of the United States and of the State where acceptance occurred in the United States.
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 DOCUMENTAITON
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 ASC'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 ASC.
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.
ASC 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, ASC.
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 Oklahoma, 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.
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 ASC and Customer in agreeing to the provisions of these Terms and Conditions shall be enforceable to the fullest extent of the applicable laws.
When a dispute is filed, ASC will request information and will respond with all required information immediately, follow up consistently, and always keep the customer informed on what ASC is doing to resolve the issue. ASC will regularly reassure the Customer that the goal of ASC is customer satisfaction. If it is taking longer than expected to get an item to a Customer, ASC will offer a partial or full refund on the costs of shipping in order to satisfy a customer. On some occasions, ASC may limit the Customer account. ASC requests that the Customer communicate with ASC when a dispute is filed, as many disputes can be easily resolved before escalating. A dispute allows the Customer and ASC to attempt to resolve the issue.
Actions by ASC for nonpayment by Customer of the purchase price of products sold by ASC, or for redress of other breaches by Customer of these Terms and Conditions may be brought by ASC, at its option, before any United States or foreign judicial court of competent jurisdiction. At ASC's option, disputes between Customer and ASC, including all claims for non-performance by ASC, shall be finally settled by arbitration in Moore, Oklahoma 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 Oklahoma, 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 ASC'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 ASC, Customer shall provide documentation satisfactory to ASC verifying delivery at the designated location or country. Customer further agrees to inform ASC at the time of order of any NAFTA or other special documentation, packaging or product marking or labeling, but ASC 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 ASC expressly agrees to do so.
PERMITS, EXPORTS, AND IMPORTS LISCENSES
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 meet the requirements of the Trade Agreements Act, as implemented by FAR Part 25; other products may not meet these requirements. ASC 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.
These terms and conditions, together with any other terms and conditions that ASC publishes or makes available to Customer, in ASC's forms, acknowledgments, quotations, invoices, websites, packing slips, at www.accuratesafetyco.com, or in any document including, without limitation, those involving extension of credit by ASC, or export of products, represent the entire agreement between the parties and shall supersede all written and unwritten statements, agreements, and understandings between ASC and Customer pertaining to the subject matter of this agreement.
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