CONTROLLING TERMS

Buyer expressly agrees that Seller’s Invoice and these Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the Invoice and no different or additional terms or conditions in Buyer’s purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon Seller.

ACCEPTANCE OF ORDERS

Seller may accept buyer’s offer to purchase and shall be bound to supply the applicable Goods in accordance with these terms and conditions either by execution of the acknowledgment copy of the order, or acceptable electronic transmission, delivery of the Goods to CAI or by any other statement, act or course of conduct which constitutes acceptance under applicable law.

PRICES

Unless otherwise indicated on the face of the invoice, all prices are quoted on a per pound basis. Buyer is responsible for any tax or government charges imposed upon the sale or transfer of the Product. Buyer shall not have any right to set off any amounts due hereunder against any amounts which may become payable to Seller under any other agreement.

DELIVERY

Unless otherwise agrees in writing signed by officer of Seller, all delivery dates are estimates Seller shall use its reasonable efforts to deliver all Product within the time specified; however, in no case shall Seller be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of the Seller’s failure to deliver Product by the specified date.

TRANSPORTATION AND RISK OF LOSS

The method and route of shipment are at Seller’s discretion unless Buyer timely supplies explicit instructions otherwise. Title to the Product passes to Buyer when Product is delivered to the selected carrier, even if Seller made a nonconforming tender. Buyer attempts to revoke acceptance of the Product, or Buyer repudiates this document after the Products have been identified hereto.

CANCELLATION OR MODIFICATION

Any order placed with and accepted by Seller may be canceled by Buyer only upon Seller’s approval in a writing signed by an officer of Seller and upon terms that indemnify Seller against any loss. Seller will not accept order cancellations once a product has been delivered to a carrier, without charging a cancellation fee of twenty-five percent (15%) of order value to recover retrieval costs incurred. Seller will not accept cancellations of special orders of non-standard, non-price list products. Seller may cancel all or any part of this order and discontinue its performance hereunder without liability to Buyer in the event Buyer materially breaches this contract, becomes insolvent, is the subject to bankruptcy protection, or is the subject of a receivership, liquidation, dissolution or similar proceeding.

WARRANTY AND DISCLAIMER

Seller warrants that the purchased Product is free from defects in materials and workmanship at the time of delivery. If an analysis is stated on the face of the Invoice, it is not intended to be a complete analysis and is not to be regarded as a specification or warranty, unless specifically stated in writing to be such.

LIMITATION OF LIABILITY

Buyer acknowledges and agrees that seller’s liability for any claims with respect to the products shall not exceed the amount paid by buyer for the products under the invoice. Such limitations on seller’s liability hereunder shall apply even if seller’s liability is due in whole or in part to its own negligence. Any action by or on behalf of Buyer or its successors or assigns for breach of this document must be commenced within one (1) year after the cause of action as accrued.

RETURN OF MATERIAL

Upon delivery of Product, Buyer shall have five (5) days to inspect Product and notify Seller, in writing, of any defective goods or other cause for rejection. Buyer agrees that five (5) day period provides Buyer a reasonable opportunity to inspect the Product. Such notification shall identify each and every reason for any rejection of Product. Buyer’s failure to reject Product within such five (5) day period shall constitute a waiver of Buyer’s inspection right and an unqualified and irrevocable acceptance of the Product by Buyer.

INDEMNITY

Buyer shall defend, indemnify and hold harmless Seller and its affiliated or related companies from and against any and all claims, losses, liability, damages and expenses including, but not limited to, attorneys’ fees and cost of defense arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in Product caused by any alteration or modification thereof by Buyer with or without Seller’s consent, or improper handling or storage by Buyer, the breach of any term or condition stated herein, Buyer’s failure to label Product or Buyer’s improper labeling of Product regardless of whether the labeling was done with or without the advice of Seller.

PAYMENT

Net cash thirty (30) days from the date of Invoice. Amounts not paid within thirty (30) days are overdue and shall accrue interest at a rate of one and one-half percent (1-1/2%) per month or the highest allowed by law, whichever is less. Buyer shall reimburse Seller for any costs incurred in collecting past due sums or any other amounts owed by Buyer for any reason whatsoever, including, but not limited to, court costs and attorneys’ fees.

MEASUREMENTS AND DELIVERIES

Safety Gear Store’s measurement of quantity shall be accepted by the Buyer.  Any delivery which Safety Gear Store procures to be made shall be treated as a delivery by Safety Gear Store.  Acceptance of the Buyer's order is subject to supplies being available and unsold.  While every attempt is made to meet stated delivery dates Safety Gear Store accepts no liability for loss or damage resulting from early or late delivery.  In the case of goods to be collected from Safety Gear Store the point of delivery shall occur as the goods are loaded on the collection vehicle.  In the case of goods to be delivered to an address in the United Kingdom the point of delivery shall occur as the goods are removed from the transporting vehicle at such address.  Any claim for damage or part loss must be made in writing by the Buyer and sent to Safety Gear Store within two days of the delivery, any other claim, including total loss of the consignment or product queries must be in writing and sent to Safety Gear Store within twenty-one days of invoice date or dispatch date where provided, whichever it the longer. Safety Gear Store will not consider claims made after these dates and in absence of such notification of Goods shall be deemed to have been delivered complete and in a satisfactory condition and the risk transferred to the Buyer.  Stock items are not accepted for return unless otherwise agreed and will be subject to a restocking charge.  Items made-to-order are not returnable. Any items agreed for return must be returned unused, in original packaging and with certificates and documents.

PASSING OF PROPERTY AND RISK

The risk in the Goods shall pass to the Buyer at the point of delivery as defined in Clause 5 above, and Safety Gear Store shall be entitled to treat the risk as having been passed if the Buyer fails to take delivery of the Goods when delivery falls due. Notwithstanding delivery, the property in the Goods shall remain vested in Safety Gear Store until the Buyer has paid for them in full as well as all other sums due to Safety Gear Store.  In the period from the delivery of the Goods down to such payment the Buyer holds the Goods as a bailee for Safety Gear Store and shall store the Goods in such a way as they may be clearly identified as the property of Safety Gear Store. Should payment of any invoice become overdue or should the Buyer become insolvent, go into liquidation, have a winding up order made against it or have an administrator or administrative receiver appointed over its assets, income or any part thereof or enter into an arrangement with its creditors, all sums owed to Safety Gear Store shall become immediately due and payable and Safety Gear Store shall be entitled to recover the Goods and may enter upon the Buyer's become for that purpose.

GOVERNING LAW AND ARBITRATION

This document shall be interpreted and governed by the law of the State of America, excluding its conflicts of laws rules. The parties specifically exclude the application of the United Nations Convention on the Sale of Goods.

TAXES

Buyer is responsible for any tax or governmental charge imposed upon the sale or transfer of any product. Any such tax or governmental charge will be added to the total invoice amount. All prices are FOB Seller’s facilities. Applicable freight costs will be added to the invoice.

RETURNS

You sent me the wrong item

As soon as you find out we've sent you an incorrect item, please contact us directly and we will arrange collection from you to sort out the mistake quickly.

We would just ask that the goods must also be in perfect condition (not used) and still in original packaging. You are required to make arrangements with us for return of goods within 30 days, after this period we reserve the right not replace or refund goods.

And if you've grown quite attached to the item and want to keep it, just contact us and we'll recharge or refund the difference whichever is necessary for the cost of the item.

I ordered the wrong item and want to return it

No problem. It’s easy, just post it back to us. We would recommend using a postal service that requires a signature on receipt of goods back to us, as we will only replace or refund goods on proof of return.

Goods must also be in perfect condition (not used) and still in original packaging. You are required to return goods within 14 days of receipt, after this period we will not replace or refund goods.

The goods will be subject to a 15% assessment / re-certification fee, as all safety equipment must me thoroughly checked and tested before deemed suitable for resale, even when returned in what appears as unused condition.  This applies to all items except gas detection which has a higher 20% re stocking fee due to increased re certification and calibration costs.

*Built / made to order items are only returnable if faulty, to which a replacement will be provided.

*The cost of shipping is non refundable unless the order was incorrect due to a mistake on our behalf.