The Customer agrees to be bound by the following Terms and Conditions (“Terms”), which govern all sales of products and services provided by Industrial Safety Products. (“ISP”). These Terms, together with any applicable quotes, sales orders, or service agreements, constitute the complete and exclusive agreement between the parties, superseding all prior discussions, understandings, or representations—whether written or oral. These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
General Terms:
1.Warranty
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- 1.1. All Manufacturers (ISP vendors) have their own product warranties and are provided exclusively directly by the respective Manufacturer. ISP assumes no responsibility for any Manufacturer warranties, defects or any product liability whatsoever.
2.Limited Remedy
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- 2.1. Upon notice in writing and Manufacturer’s approval, ISP will assist in the replacement of any product defects in a timely fashion at the Manufacturer’s & ISP’s sole discretion. All products must be returned to the required designated facility by the Manufacturer or ISP for inspection of the claimed damaged product in order to take appropriate action.
3.Limitation of Liability
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- 3.1. ISP in no event will be liable for any indirect, incidental, special or consequential damages. Loss of profits will not be covered in any way to any of ISP related products or training services regardless of legal theory asserted.
- 3.2. ISP shall not be liable for any failure or delay in performing its obligations due to events beyond its reasonable control, including but not limited to natural disasters, pandemics, government restrictions, labor disputes or force majeure.
4.Indemnification
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- 4.1. The Customer agrees to indemnify, defend, and hold harmless ISP and its affiliates, officers, agents, and employees from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in connection with the Customer’s misuse of products, noncompliance with applicable laws, or negligence.
5.Returns
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- 5.1. All sales are final, unless with an approved return request from ISP within 30 days of purchase and depending on the Manufacturer’s return policy. Product needs to be new and unopened in its original packaging. Restocking fees of up to 15% may apply and the buyer is responsible to ship the product back to ISP or the Manufacturer’s warehouse.
6.Order Cancellations and Refunds
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- 6.1. Requests for order cancellation on the same day the order is placed must be communicated and confirmed via telephone and subsequently submitted in writing via electronic mail. Once an order has been shipped, it cannot be canceled, and any request for a refund will necessitate adherence to the established return process.
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- 6.2. Orders for customized goods that have received explicit Customer approval through a proofing process are considered final and binding. Once the Customer has provided approval and the production phase has begun, these orders are not subject to modification or cancellation. The Customer explicitly acknowledges that these items are customized/manufactured according to their specific requirements and, as such, are not suitable for resale or reuse by the vendor.
- 6.3. Custom engineered products or items specifically made to order are non-refundable and non-cancelable. The Customer assumes full responsibility for the entirety of such orders once placed.
- 6.4. Customization Order Cancellations: Orders for customized goods cannot be canceled once the artwork or logo has been formally approved by the customer. Upon customer approval of the visual representation, production will commence, and the order will be considered final.
7.Shipping, Delivery, and Risk of Loss
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- 7.1. All products will be shipped using a third-party freight carrier selected by the Customer or, if not specified, by ISP’s at its sole discretion. Shipping costs, unless otherwise stated in writing, shall be borne by the Customer.
- 7.2. Risk of loss or damage to the products shall pass to the Customer upon the ISP’s delivery of the goods to the freight and parcel carrier, regardless of whether the shipment is prepaid, collect, or third-party billed. Title to the goods shall also pass to the Customer at this point. ISP’s shall not be responsible for any damage, loss, or delay occurring in transit.
- 7.3. It is the Customer’s responsibility to inspect all shipments immediately upon receipt and to file any claims directly with the freight carrier for products lost or damaged in transit. ISP’s will provide reasonable assistance to facilitate the claims process but assumes no liability for such claims.
- 7.4. All delivery dates are estimates only and are not guaranteed. ISP shall not be liable for any delay in shipment or delivery caused by the carrier, weather, acts of God, government regulations, supply chain disruptions, labor disputes, or any other cause beyond ISP’s reasonable control.
- 7.5. For international shipments, the Customer is responsible for all applicable customs duties, taxes, import permits, and compliance with local regulations.
8.Gas Monitors/Detectors:
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- 8.1 Final Sale: Because of the delicacy of the Gas Monitors/Detectors instruments, sensors and their components, all sales of Gas Monitors/Detectors are final. Gas Monitors/Detectors are explicitly excluded from exchange or return eligibility.
9.Hazardous Materials (Hazmat) Product Returns:
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- 9.1 Non-Returnable and Non-Refundable: Due to stringent safety regulations governing the handling and transportation of hazardous materials, all Hazmat products are strictly non-returnable and non-refundable. This policy is absolute without exception.