1. Prices and Taxes
Unless otherwise stated in writing by Fall Protection Distributors, LLC, (a) all quoted prices from Fall Protection Distributors, LLC expire at the date specified in the quote, and (b) all quoted prices are exclusive of transportation, insurance, federal, state, local, excise, value-added, use, sales, property (ad valorem) and similar taxes, duties or taffiffs now in force or hereafter enacted. The buyer agrees to pay the invoice for all products purchased under the quote. Buyer will pay all taxes, fees, or charges of any nature whatsoever imposed by any governmental authority on, or measured by, the transaction between Buyer and Fall Protection Distributors, LLC. If Fall Protection Distributors, LLC needs to collect any applicable taxes, it will clearly state these amounts on the invoice. The Buyer must pay these amounts unless they provide Fall Protection Distributors, LLC with a valid tax exemption certificate authorized by the relevant taxing authority. Buyer agrees to provide Fall Protection Distributors, LLC, with a valid resale certificate for the products purchased for resale.
2. Delivery
At the time the product is picked up by the common carrier from a Fall Protection Distributors, LLC location, title and risk of loss pass to the Buyer upon delivery..
3. Shipment
In the absence of specific shipping instructions, Fall Protection Distributors, LLC will ship using the method it deems most advantageous, with standard commercial packaging. Buyer agrees to pay all transportation charges and costs associated with the shipment of the product, including any special or export packaging requested or required under the circumstances, as determined by Fall Protection Distributors, LLC. The buyer is responsible for obtaining insurance against damage to the product during shipment.
4. Terms of Payment
We accept Visa, Mastercard, Discover, American Express, PayPal, and Checks In Advance. For Checks In Advance, call us at 863-703-4522 to place your order. All orders are due upon placement of the order unless otherwise agreed to by Fall Protection Distributors, LLC. All established open account payments are due net thirty (n/30) days from the date of invoice, unless otherwise specified. Past-due invoices are subject to a monthly charge equal to the lesser of one and a half percent (1.5%) per month or the highest rate of interest permitted by law. If any invoice remains unpaid after sixty (60) days from the invoice date, notwithstanding any agreement or course of dealing between Fall Protection Distributors, LLC and Buyer, (i) all subsequent orders will be shipped only on a prepayment basis until satisfactory credit is re-established at Fall Protection Distributors, LLC's sole discretion, and (ii) Fall Protection Distributors, LLC may hold shipments until payment is recieved for outstanding invoices.
5. Acceptance of Purchase Orders:
By purchasing from Fall Protection Distributors, LLC, the buyer acknowledges that all Fall Protection Distributors, LLC terms and conditions of sale apply to this transaction and that the buyer's terms of purchase do not supersede these terms unless an authorized officer of Fall Protection Distributors, LLC signs the buyer's purchase order.
6. Returns:
All returns are subject to a 25% restocking fee. The buyer must notify Fall Protection Distributors LLC of a return request within 7 days of receiving the product. After the RMA number is issued, the product must arrive at the Fall Protection Distributors, LLC warehouse within 14 days of the RMA issuance. Contact us at [email protected] or call 863-703-4522. Buyer must return products in unused, resalable condition for us to accept the return. The product must include all books, manuals, and hardware. Buyer is responsible for all original and return shipping charges. Please see the refund policy for more information.
7. Privacy Policy
Your privacy is important to us at Fall Protection Distributors, LLC, and we take great care to protect your information. We encrypt your information using SSL (Secure Sockets Layer) to hide your online data from hackers. We also do not store any of your credit card information in our system.
8. Sales Convey No License
Fall Protection Distributors, LLC sells their products on the condition that the sale does not grant any license under any patent claim covering complete equipment, or any assembly, circuit combination, method, or process that uses these products as components. Fall Protection Distributors, LLC and its suppliers reserve all rights under such patent claims..
9. Limited Warranty
The limited warranty is provided only to an end-user customer for the period outlined in an order that Fall Protection Distributors, LLC has accepted. The end user customer must be: (a) a Buyer purchasing product directly from Fall Protection Distributors, LLC, or (b) a Buyer of product purchasing from an authorized reseller. The limited warranty covers defects in materials and workmanship in the Fall Protection Distributors, LLC products. The limited warranty does not cover problems resulting from external causes such as accident, abuse, misuse, or problems with electrical power, servicing not authorized by Fall Protection Distributors, LLC, usage that is not by product instructions, failure to follow the product instructions or failure to perform preventive maintenance, problems caused by using accessories, parts, or components not supplied by Fall Protection Distributors, LLC; normal wear and tear; and products with missing or altered service tags or serial numbers. FALL PROTECTION DISTRIBUTORS, LLC'S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN THE PRODUCT IS LIMITED TO REPAIR AND REPLACEMENT OF THE PRODUCT AS OUTLINED IN THIS WARRANTY STATEMENT. EXCEPT AS PROVIDED ABOVE, FALL PROTECTION DISTRIBUTORS, LLC AND ITS SUPPLIERS MAKE NO, AND HEREBY DISCLAIM ALL OTHER, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability
Neither Fall Protection Distributors, LLC nor its suppliers will be liable for any loss, damages or penalty resulting from delay in delivery when such delay is due to causes beyond the reasonable control of Fall Protection Distributors, LLC, including but not limited to supplier delay, force majeure, the act of God, labor unrest, fire, explosion or earthquake. If any such delay occurs, we will extend the delivery date by the same period as the delay. All persons using SSRA devices must read and fully understand all warnings, instructions, and regulations before use as part of an OSHA-approved employee training program. Failure to do so can result in serious injury or death. Users must also be knowledgeable in the safe use of all equipment used in conjunction with the Fall Protection Distributors, LLC products. Users must read all product instructions before using fall protection equipment sold by Fall Protection Distributors LLC. All fall protection equipment sold by Fall Protection Distributors LLC must be used under the strict guidance of an OSHA Competent Person or OSHA Qualified Person as defined by OSHA (specifically 29 CFR 1926.32(f). FALL PROTECTION DISTRIBUTORS, LLC AND ITS SUPPLIERS' LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR SALE WILL BE LIMITED TO THE REFUND OF THE HARDWARE PURCHASE PRICE. IN NO EVENT WILL FALL PROTECTION DISTRIBUTORS, LLC OR ITS SUPPLIERS BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE HARDWARE BY BUYER OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT) WHETHER OR NOT FALL PROTECTION DISTRIBUTORS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER, CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST THE BUYER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
11. Substitutions and Modifications
Fall Protection Distributors, LLC has the right to make substitutions and modifications in the specifications of the product sold, provided that such substitutions or changes will not materially affect overall product performance.
12. Entire Agreement
This Agreement constitutes the entire agreement between Fall Protection Distributors, LLC, and Buyer and supersedes any other agreements or offers, including any purchase order of Buyer. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of this Agreement by its express terms. Buyer hereby acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation by any person or entity except for the warranties or representations specifically set forth herein. No modification of this Agreement shall be effective unless in writing, signed by both Buyer and Fall Protection.
13. Waiver
The failure by Fall Protection Distributors, LLC to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance by Buyer of any of the provisions herein, will not in any way be construed as a waiver of such provisions.
14. Applicable Law
Any dispute arising out of or relating to this Agreement or the breach thereof shall be governed by the federal laws of the United States and the laws of the State of Florida, USA, for all claims. Both parties expressly waive any objections or defenses based upon lack of personal jurisdiction or venue. The United Nations Convention on the International Sale of Goods shall not apply to this Agreement or the Hardware. Any Buyer-initiated action for a dispute hereunder must be brought within one (1) year of the accrual of such dispute.
15. Attorneys' Fees
The prevailing party in any litigation involving the enforcement or interpretation of this Agreement is entitled to recovery of reasonable attorneys' fees and costs.
16. Import and Export Requirements
Buyer shall, at its own expense, pay all import and export licenses and permits, pay customs charges and duty fees, and take all other actions required to accomplish the export and import of the product purchased by Buyer. Buyer understands that Fall Protection Distributors, LLC is subject to regulation by agencies of the U.S. government, including the U.S. Department of Commerce, which prohibits export or diversion of certain technical products to certain countries and certain parties as designated by the U.S. government, and when applicable, European Union export laws (including without limitation Council Regulation (EC) No. 428/2009 (as amended)), applicable UN resolutions/EU regulations imposing restrictive measures/trade sanctions/embargoes or other restrictions on exporting goods or services. The Buyer warrants that it will comply with all export and re-export restrictions, including but not limited to those outlined in the export license, for every product shipped to the Buyer.