Terms and Conditions
TotalSafetyMatters.com Terms and Conditions of Sale
We strive to make every experience with TotalSafetyMatters.com (and its sister sites, including HomeSafetyMatters.com) an enjoyable one. If you (“Buyer”) are not 100% satisfied with your products or service, please contact us via email feedback@TotalSafetyMatters.com
or call us at 866.462.6785
. We want the chance to make things right.
Buyer’s purchase of products (“Goods”) from TotalSafetyMatters.com (“Seller”) will be governed solely by these Terms and Conditions of Sale and the terms in Seller’s applicable order confirmation (collectively, “Terms”). No term of any purchase order or other document Buyer issues, other than Buyer’s acceptance of these Terms, will become a part of the agreement between the parties or bind Seller. Seller’s sale of the Goods is expressly conditioned on Buyer’s acceptance of these Terms, and Seller objects to all different and additional terms in Buyer’s purchase order and other documents.
Price. All prices are as specified at the time Buyer places the order (and are subject to change if Seller allows a change in the quantity). If no price has been specified or quoted, the price will be Seller’s price according to its price list in effect at the time of delivery. All prices published by Seller or quoted by Seller’s representatives may be changed at any time without notice prior to Buyer’s placing an order.
Taxes and Fees. The purchase price does not include any sales, use, revenue, excise or other taxes or governmental charges. If Seller is required to collect those taxes or charges, Seller will add them to the purchase price and invoice Buyer (in the original invoice or separately), and Buyer will pay them. For instance, but without limitation, Seller will charge sales tax on all shipments to the states of Colorado, Florida, Georgia, Illinois, Maryland, Nevada, New Jersey, North Carolina, Ohio, Tennessee, and Texas. Seller will charge Buyer a Hazmat Fee when shipping certain products containing flammable liquids or gases when such fees are applicable or required by the shipping carrier. The Hazmat Fee is charged for each box shipped. Currently, that fee is $27.50 for UPS ground shipments and $37.50 for UPS air shipments.
Payment. Buyer’s entire payment will be due and payable at the time of purchase, and Seller will not ship any Goods to Buyer until Seller has received payment in full. Buyer shall pay Seller’s reasonable attorneys’ fees and other costs of collection of any past due amounts under these Terms.
Returns. Returns are allowed within 30 days of date of sale for any items that are unopened or in resalable condition as determined by TotalSafetyMatters.com. Return requests must be made to OrderSupport@TotalSafetyMatters.com. If Seller agrees in writing to allow Buyer to return any of the Goods, then Seller will reimburse returns in the form of a credit to the original form of payment (credit card, debit card, or PayPal). The risk of loss, for any Goods that Seller allows to be returned, does not transfer to Seller until the Goods arrive at our distribution center. At our judgment, we may issue a refund without requiring a return. Certain items, such as Fire Extinguishers or anything classified as Hazardous Materials, are non-refundable.
Shipping. Seller will only ship Goods within the continental United States. All deliveries will be ex works (Incoterms 2010) Seller’s facility. Seller will not be responsible for any damage to the Goods caused by a carrier, and Buyer’s sole recourse for that damage will be against the carrier. Orders received by 3:00 pm EST and that are in-stock at the time the order is placed will ship by the next business day. Other standard Shipping orders will process and ship in 3 to 5 business days. Customers who’s orders experience longer backorder times will be notified by the HomeSafetyMatters.com customer service and advised of their options to fulfill their order. All delivery schedules and dates Seller provides are estimates only. Seller may delay shipment of an order requesting a large quantity of a single item, if that shipment would constitute an unsatisfactory depletion of Seller’s inventory. Additionally, items shipped directly from the Goods’ manufacturer to Buyer will take longer to arrive. You must order by 2 pm EST to qualify for Two-Day or Next-Day shipping. Seller may deliver the Goods in partial shipments.
Payment for ShippingAll prices are net of any delivery charges, all of which Buyer will pay.
Order Tracking When Seller ships Buyer’s order, Buyer will receive an email with shipping and tracking information only if tracking information is available at the time the Buyer’s order ships. Buyer can use this tracking number to track its order on the applicable carrier’s website. Seller will list Buyer’s tracking number with Buyer’s order information on Seller’s website when tracking information is available. Buyer can review it’s pending orders and their shipment status by clicking the “Order Status” button, after logging into Seller’s website.
Please Note: Depending on the shipping method and/ or carrier used tracking information may not be available at the time an order is shipped. The Buyer may contact the Seller at OrderSupport@TotalSafetyMatters.com or call 866.462.6785 if further order information or details are needed.
Seller and its affiliates do not make any warranty, express or implied, with respect to the Goods.
The manufacturer of a product that Seller sells may provide a warranty, and in that case, to the extent allowed, Seller will pass through to Buyer that specific manufacturer’s warranty. Dealers, distributors, sales representatives and employees are not authorized to offer any warranties on behalf of TotalSafetyMatters.com or to expand the manufacturer’s warranty.Please call 866-462-6785 or email us at feedback@TotalSafetyMatters.com if you need more detailed product information or would like for use to provide you with a free copy of the manufacturer’s warranty for a product.
Disclaimer of Warranties
SELLER MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND AS TO THE GOODS, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION ANY WARRANTIES: (A) AS TO THE DESIGN, QUALITY, OR CONDITION OF THE GOODS; (B) AS TO THE MATERIAL, EQUIPMENT, OR WORKMANSHIP IN THE GOODS; (C) AS TO THE MERCHANTABILITY OR FITNESS OF THE GOODS FOR ANY PARTICULAR PURPOSES; (D) AS TO THE SUITABILITY OF THE PRODUCTS FOR BUYER’S PURPOSES OR THE IMPACT OF THE PRODUCTS ON BUYER’S OPERATIONS; (E) REGARDING THE PERFORMANCE BUYER OR ANY OTHER PERSON OR ENTITY MAY OBTAIN FROM THE PRODUCTS; OR (F) WITH RESPECT TO ANY PATENT, COPYRIGHT, TRADEMARK, TRADE NAME, SERVICE MARK, OR PROPRIETARY LAW OR RIGHT, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT.
No Consequential Damages; Limitation of Liability
SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST REVENUES AND PROFITS ARISING FROM THE USE OF, INSTALLATION OF, DEFECT IN, INABILITY TO USE, OR PROPERTY DAMAGE CAUSED BY ANY GOODS OR ANY OTHER CAUSE, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
In no event will Seller be liable for any amount arising out of or relating to these Terms or the Goods, whether in contract, tort, strict liability or otherwise, in excess of the purchase price of the Goods at issue.
Limitation on Action
Any action or proceeding Buyer commences that arises out of or relates to these Terms or the Goods will be forever barred unless it is commenced within the earlier of: (a) one year after the claim or cause of action has accrued; or (b) the period prescribed by applicable statute of limitation or repose. These Terms contain Buyer’s sole and exclusive remedies relating to these Terms, a breach of these Terms, or the Goods, regardless of the theory of recovery.
Seller will not be liable for delays or failure to perform directly or indirectly resulting from Buyer’s default, events and causes beyond Seller’s reasonable control, accidents, acts of God, acts and omissions of any governmental authority, declared or undeclared wars, terrorism, strikes or other labor disputes, fires, floods, earthquakes, storms, epidemics and other natural calamities, changes in the law, and delays in obtaining or the inability to obtain labor, materials or services through Seller’s usual sources at normal prices.
Buyer will follow all instructions and directions, and will use all safety devices, that Seller provides for the use or operation of the Goods.
No Waiver; Severability
Any failure by Seller to exercise any of its rights under these Terms shall not be construed as a waiver of such rights. In the event any of the provisions of these Terms are held to be invalid by any court of competent jurisdiction, such provision(s) shall be deemed to be severable and these Terms shall then be construed and enforced in accordance with the remaining provisions.
Buyer may not assign to any person or entity all or a portion of its rights or obligations under these Terms or any order without Seller’s prior written consent, and any attempted assignment without that consent will be void. Seller reserves the right to correct clerical and typographical errors in any document. These Terms and any controversy relating to them or the Goods or services will be governed by the laws of the State of North Carolina, excluding its conflicts of law principles. The United Nations Convention on the International Sale of Goods is expressly excluded and will not apply. Any action or proceeding relating to these Terms or their enforcement, or to the Goods, will be commenced and heard only in the North Carolina state courts and the United States District Court for the Western District of North Carolina. Seller and Buyer hereby consent and submit to the jurisdiction and venue of those courts. These Terms will be binding on, and will inure to the benefit of, the parties and their respective successors, heirs and permitted assigns. The term “including” will not be construed to be limiting. These Terms contain the entire agreement of the parties relating to the Goods and supersede all previous and contemporaneous agreements, understandings, usages of trade, and courses of dealing, whether written or oral. These Terms may be modified only by a written agreement, signed by both parties, expressly modifying these Terms.
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