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Site Access Terms - Domestic (USA)
BEN MEADOWS COMPANY 100% GUARANTEE All purchases are
100% guaranteed. If you are not satisfied with your purchase for any reason, Ben
Meadows Company will give you your choice of a full credit, equal
exchange, or your money back. Please call our Customer Services Department for
your Return Authorization Number before returning items: 1-800-241-6401. Fill
out the return form enclosed with your order and send it back to us with the
unwanted item(s). Please prepay shipping; we do not accept CODs. Custom orders
are not returnable, unless the mistake is our error.
SALES POLICY: Identification is required from all Purchasers. Possession of
our catalog does not constitute the right to purchase from Ben Meadows
Company.
ANY AND ALL PRICES herein are subject to change without notice.
- QUOTATIONS: Prices on large quantities or items not found in our
catalog are available on request. Contact a Ben Meadows Company Customer
Service Representative for assistance.
- SALES TAX: Ben Meadows Company is required to charge
state and local tax on items sold to Purchasers in Wisconsin, Illinois, Connecticut,
Michigan and New York for which sales tax exemption certification has not been provided.
When ordering, please indicate clearly which items are tax exempt.
- PAYMENT TERMS: For purchasers with established credit,
terms are net 30 days from date of invoice. If credit is not
established, please include payment with order or purchase through American
Express, Visa, or MasterCard. Cash or anticipation discounts are not allowed.
All payments must be in U.S. dollars.
- CREDIT BALANCE: 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 BEN MEADOWS COMPANY SHALL HAVE NO FURTHER LIABILITY.
- FREIGHT POLICY: FREIGHT IS PREPAID AND ADDED TO CUSTOMER'S
INVOICE ON ALL ORDERS, unless otherwise stated, to customer's place of business
anywhere in the contiguous United States, using routing of our choice. Any extra
charge incurred for additional services, such as customer's carrier or special
handling at the destination, must be paid by customer. If any item is
backordered on an order qualifying for freight prepayment, that item will be
shipped prepaid. Title and risk of loss pass to customer on delivery to the
common carrier.
- CLAIMS: If product was damaged in transit, please note the damage
on the delivery receipt and obtain an inspection report from the truck line
immediately. Then, contact Ben Meadows Company at 1-800-241-6401.
- SHIPPING HAZARDOUS PRODUCTS: Products considered hazardous for
shipping will require special packaging, handling, and additional shipping
charges. For specific details and charges, call 1-800-241-6401.
- OSHA HAZARDOUS SUBSTANCE PRODUCT INFORMATION: For your
convenience, Material Safety Data Sheets (MSDS) are enclosed with all orders
that require an MSDS under the Hazard Communication Standard (1910.1200). If you
would like a Material Safety Data Sheet before you order, you can request one by
calling our Technical Support department at 1-800-241-6401.
The information and recommendations contained on the MSDS supplied by the
manufacturer are considered to be accurate and reliable. Ben Meadows Company,
however, makes no warranty with respect to the accuracy or reliability of the
information or the suitability of the recommendations. Ben Meadows Company
disclaims any and all liability to any user thereof.
WARRANTY DISCLAIMEREXCEPT AS DESCRIBED IN OUR GUARANTEE, THERE ARE NO
EXPRESS WARRANTIES OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BEN MEADOWS COMPANY SHALL NOT BE SUBJECT TO AND DISCLAIMS:
(1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT
OR OF WARRANTY,
(2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING
NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH
RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY LAB SAFETY SUPPLY, OR ANY
UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND
(3) ALL CONSEQUENTIAL, INCIDENTAL, AND CONTINGENT DAMAGES WHATSOEVER.
BEN MEADOWS COMPANY'S LIABILITY IN ALL EVENTS IS LIMITED TO, AND
SHALL NOT EXCEED, THE PURCHASE PRICE PAID.
LOCAL SAFETY STANDARDS AND REGULATIONS Products sold by Ben
Meadows Company are designed to meet stated U.S. Safety standards and
regulations. Because local safety standards and regulations vary significantly, Ben
Meadows Company cannot guarantee that our products meet all applicable
requirements in each locality. The purchaser assumes responsibility for
compliance with such safety standards and regulations in those localities in
which the products will be shipped, sold and used. Before purchase and use of a
product, please review the product application, and national and local codes and
regulations, and be sure that the product, installation, and use will comply
with them.
BEN MEADOWS COMPANY NO WARRANTIES TO CONSUMERS Ben Meadows Company
makes no warranties to those defined as
consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement
Act.
MANUFACTURERS' WARRANTIES & SALES LITERATURE Most of the
products supplied to Ben Meadows Company are warranted to the final
consumer by their manufacturer; copies of such warranties are supplied with the
product or are available from the manufacturer. As a service, Ben Meadows
Company will obtain copies of consumer warranties from the
warrantor and will furnish them free of charge to customers who request them.
Address requests to: Ben Meadows Company, PO Box 5277, Janesville, WI
53547-5277 USA.
Requests must include the Ben Meadows Company order number and the
manufacturer's model number of each product for which a copy of the warranty is
requested. Ben Meadows Company may also furnish sales brochures and other
literature of the manufacturer. Ben Meadows Company assumes no
responsibility for the content of such warranties or sales literature by
performing this service.
TRADEMARKS AND COPYRIGHTS Purchaser acknowledges that it has no
right, title or interest in the trademarks or copyrights in the products, and
Purchaser covenants that it will take no action to register or otherwise
interfere with such rights.
GOVERNING LAW; LIMITATIONS These terms and conditions shall be
construed, interpreted and performed exclusively according to the laws,
excluding conflict of law rules, of the State of Illinois, United States of
America. Any legal action with respect to any transaction must be commenced
within one year after the cause of action has arisen. The provisions of the
Uniform Commercial Code as adopted by the State of Illinois, and not the United
Nations Convention on Contracts for the International Sale of Goods, shall
apply.
DISPUTE RESOLUTION Actions by Ben Meadows Company for
nonpayment by the Purchaser of the purchase price of products sold by Ben
Meadows Company or for redress of other breaches by the Purchaser of the
Terms and Conditions of Sale, may be brought by Ben Meadows Company, at
its option, before any judicial court of competent jurisdiction. At Ben
Meadows Company's option, disputes between the Purchaser and Ben Meadows
Company, including all claims for non-performance by Ben Meadows Company,
shall be finally settled by arbitration in Chicago, Illinois, USA under the
Rules of the American Arbitration Association, which Rules with respect to
matters not regulated by them shall incorporate the UNCITRAL arbitration rules
by one or more arbitrators appointed in accordance with said Rules applying
these Terms and Conditions and consistent provisions of the internal laws
(except conflict of law rules) of the State of Illinois, USA.
FORCE MAJEURE
Ben Meadows Company shall not be liable for any delay in or
impairment of performance resulting in whole or in part from Acts of God, severe
weather conditions, labor disruptions, governmental decrees or controls,
insurrections, war risks, shortages, inability to procure or ship product or
obtain permits and licenses, supplies or raw materials, or any other
circumstances or causes beyond the control of Ben Meadows Company in the
conduct of its business.
SECURITY INTEREST On any sales on open account, the Purchaser
hereby grants to Ben Meadows Company 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 Ben
Meadows Company. Purchaser agrees to file any financing statements or other
appropriate document with its governmental authorities to assure the validity,
priority, and enforceability of the lien. Purchaser agrees to inform Ben
Meadows Company 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.
ASSIGNMENT Buyer shall not assign any order or any interest
therein without the written consent of Ben Meadows Company. Any actual or
attempted assignment without Ben Meadows Company's prior written consent
shall entitle Ben Meadows Company to cancel such order upon notice to
Purchaser without liability to Ben Meadows Company.
MODIFICATION OF TERMS
Ben Meadows Company's acceptance of any order is subject to
purchaser's assent to all of the terms and conditions of access and sale as set
forth herein. Purchaser's assent to these terms and conditions shall be presumed
by Purchaser's acceptance of all or any part of the goods or services ordered.
All other contrary terms and conditions are expressly rejected, and no addition
or modification of terms and conditions shall be binding upon Ben Meadows
Company unless agreed to by Ben Meadows Company in writing.
INDEPENDENT CONTRACTORS
Ben Meadows Company and Purchaser are independent contractors.
Purchaser is not authorized to and shall not make any representations on behalf
of which are binding upon Ben Meadows Company.
SEPARABILITY If any provision of these Terms and Conditions of
Sale shall be deemed illegal or unenforceable, such illegality or
unenforceability shall not affect the validity and enforceability of any other
legal provisions hereof which together shall then be construed as if such
illegal and unenforceable provision or provisions had not been inserted herein,
unless such illegality or unenforceability shall destroy the underlying business
purpose of these Terms and Conditions.
COMPLETE AGREEMENT The terms and conditions in Ben Meadows Company's
Web Site Terms of Access, Terms of Sale, Quotations, Invoices, and Catalog Sales
Terms and Conditions, are incorporated herein by reference and constitute the
entire and exclusive agreement between Purchaser and Ben Meadows Company.
Please review these additional terms as they apply to your business
location:
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