PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. All dealers and users of our ecommerce site(s) including all other transaction methods with Eco Safety Products (ESP), are subject to the following terms and conditions and other applicable law.
Copyright The entire content included in our website(s) and all other forms of communication including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of ESP or its respective owners. The collective work includes works that are licensed to ESP. Copyright 2013, Eco Safety Products, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of our website(s) for the sole purpose of placing an order with ESP or purchasing ESP products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site(s) for use in promoting sales of the product(s), or to place an order with ESP. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by ESP. You further agree not to change or delete any documented materials provided to you or downloaded from our website(s).
Trademarks All trademarks, service marks and trade names of ESP used in our websites or made available to the dealer are trademarks or registered trademarks of ESP
Warranty Disclaimer All materials and products provided are sold "as is" and without warranties of any kind, whether express or implied unless otherwise stated in writing by the product manufacturer. To the fullest extent permissible pursuant to applicable law, ESP disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. ESP does not represent or warrant that the functions contained in our websites will be uninterrupted or error-free, that the defects will be corrected, or that the sites or the server that makes the site available are free of viruses or other harmful components.
ESP does not make any warrantees or representations regarding the use of the materials listed on our website(s) or in print, in terms of their correctness, accuracy, adequacy, usefulness, timeliness, and reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. All products deemed defective by the manufacturer will be covered by a replacement policy for actual defective materials only and does not cover loss of time, labor, or expedited delivery.
Limitation of Liability ESP shall not be liable for any special or consequential damages that result from the use of, or the inability to use the materials on our website(s) or the performance of the products, even if ESP has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Title of Goods Title of goods sold remain the property of ESP until full payment is received for the order(s), in which such time the title of goods is transferred to the purchaser.Delinquent or collection accounts may be subject to applicable property or construction liens to secure payments due.
Return Policy All sales are considered final. Goods may not be returned without a Return Material Authorization (RMA) number from ESP. Returns will be authorized under the following conditions:
Eco-Safety Products delivered the wrong products and is advised in writing within 15 days. No re-stocking charge.
Customer ordered wrong products and advises Eco-Safety Products in writing within 15 days. Does not apply to custom or non-stock orders. Customer pays freight both ways and is subject to a 20% restocking charge.
Products ordered are determined to be defective by the manufacturer.
Products returned must be in its original packing materials, case quantity and unit packaging must not used or opened.
Customer is advised to inspect all material purchased before use. Always test areas for product compatibility prior to full application. If there is uncertainty of product application, you may call for product support M-F, 7:30am to 4:30pm AZ Time. Tinted products such as paints, coatings, stains, etc. are considered custom orders and not available for return. There are no returns for overstocked or unused items.
Cancellation Policy Customer may, at any time prior to the scheduled date of shipment, cancel or postpone any or all Products on order upon giving timely written notice as long as it is prior to the processing stage of the order. If Products are tinted, custom formulated, or manufactured to order, no cancellations are accepted. If a standard order cancellation is accepted, but the order has to be repacked or disassembled, or due to size of order surpasses current Company stocking levels, such cancellations will incur a 15% restocking fee
Damaged Products Products shipped by methods other than LTL/FTL will run higher risks of product packaging damage by nature of these forms of carrier services (FedEx, UPS, DHL, etc). If packaging integrity is important for display, we always advise selecting an LTL/FTL method of shipment.
All items are delivered to the carrier in good condition. If you receive a package that is damaged and you do not want to accept the package in that condition, refuse shipment for that package and then notify Eco Safety Products immediately. If damage occurs to limited packages on an LTL/FTL shipment, you must make detailed notations on the delivery documents. Do not sign for damaged packages without noting the damage on the shipping documents or your claim will be rejected.
Always request “Signature Required” when placing orders that are other than LTL/FTL delivery, then be sure to inspect package contents prior to accepting the shipment. LTL/FTL will always require signature. We have very limited recourse or probability of claim reimbursements for standard “no signature required” deliveries. Eco Safety Products nor the carrier will pay to expedite reshipments for properly reported damaged products, unless your original order included expedited delivery, and that you did not sign for the damaged shipment.
Product Shortage Eco Safety Products is not responsible for product shortage if the customer has signed and accepted shipment without reporting the discrepancy on the shipping documents, unless records indicate an error on our part. Should you report shortage after accepting the shipment, our only recourse for replacement is to charge for the reshipment and process approved credits only if the carrier has accepted the claim. All shipments are delivered with insurance; however, claim reimbursement is always at the discretion of the carrier in which we have no control.
Frozen Products Standard LTL freight carriers and common carriers such as FedEx, UPS, DHL, will not guarantee freeze protection during the winter months. Many water-based products may be damaged if frozen and neither the carrier nor Eco Safety Products can be held responsible for such damage. The customer may elect to pay for freeze protection on an LTL freight carrier for an additional charge. This option is not available through FedEx, UPS, DHL, etc. Should you elect to have your package delivered without freeze protection, we suggest that at a minimum you are sure that someone will be available to receive the package to avoid extended storage on the truck or left outside. Typographical Errors In the event that an ESP product is mistakenly listed at an incorrect price, ESP reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. ESP reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, ESP shall issue a credit to your account or credit card account in the amount of the incorrect price.
Term; Termination These terms and conditions are applicable to you upon your placing an order via phone, fax, email or by accessing the website(s) and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by ESP without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice ESP may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to ESP.
Miscellaneous Your use of our website(s) and all methods of transactions with Eco Safety Products shall be governed in all respects by the laws of the state of Arizona, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of ESP products) shall be in the state or federal courts located in Maricopa County, Arizona. Any cause of action or claim you may have with respect to transactions made on our website(s) (including but not limited to the purchase of ESP products) must be commenced within one (1) year after the claim or cause of action arises. ESP's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. ESP may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Website(s) Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including ESP or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer ESP does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, ESP is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, ESP reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to ESP in its sole discretion.
Indemnification You agree to indemnify, defend, and hold harmless ESP, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person conducting business on your behalf.
Third-Party Links In an attempt to provide increased value to our visitors, ESP may link to sites operated by third parties. However, even if the third party is affiliated with ESP, ESP has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ESP. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ESP seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).