Terms and Conditions
Please read the following Terms and Conditions Carefully.
Please review the following Terms and Conditions which constitute the entire agreement between you (“you” or the “Customer, Associate, Partner or Purchaser”) and Northern Safety Co., Inc. (“Northern Safety”, “Company” or “We”) governing your purchase of any and all products (“Products”) offered by Company. Please note that your use of or order of Products constitutes your unconditional agreement to be bound by these Terms and Conditions without any modification.
Right to Modify
The Company reserves the right to modify these Terms and Conditions at any time without prior notice to you. The Company may change, move, or delete portions of, or may add to, this Site from time to time. Your use of this Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, the Company encourages you to review these Terms and Conditions whenever you use this Site. By your use of this Site, you agree not to interrupt or attempt to interrupt the operation of this Site in any manner. From time to time there may be information on northernsafety.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). The Company apologizes for any inconvenience this may cause you.
Payment Methods & Terms
Northernsafety.com accepts Cash, MasterCard, VISA, American Express, Discover, Electronic Fund Transfers (EFT's), Prepaid checks, and SmartPay®. Payment terms do not apply to credit card payments. Payment in full is due at the time of order when using credit cards. For accounts with established credit, as determined in our sole discretion, our terms are Net 30 days. The Company reserves the right to require payment in full, prior to shipment of any ordered products. Prices listed on this Site may be subject to change without notice.
You shall pay the Company interest on payment obligations not made when due, at the lesser of 1.5 % per month or the highest rate allowable by law. Failure to make payment in accordance with the terms herein shall grant the Company the right to suspend and/or cancel any outstanding orders. In addition, You shall be responsible for reimbursing the Company for any collection costs and attorneys’ fees associated with pursuing any past due invoice or other failure to pay for the Product(s) when due.
All prices published on the website or otherwise made available to you are in United States dollars (US$). All payments must be in United States dollars (US$). In addition to the purchase price, you shall pay any and all federal, state and local sales, use, excise, transportation, and other taxes, duties or fees currently or subsequently imposed on Products furnished under these Terms and Conditions, other than taxes based on the Company’s net income.
Freight shall be prepaid and added to Customer’s invoice. In the absence of specific instruction from Customer, the Company reserves the right to select the carrier. Title and risk of loss of each Product purchased hereunder shall pass from the Company to Customer, Associate, Partner or Purchaser upon delivery of the Product F.O.B. point of shipment at our warehouse. Shipping dates are approximate and not a guarantee that the Product will be delivered on a specific date. Partial deliveries or failure to deliver on a specified date shall not be sufficient cause or basis for cancellations and the Company shall not be liable for damages or penalties for delay in delivery or in failure to give notice of delay.
No returned Products will be accepted for any reason unless a valid return authorization for such Products is first secured from an authorized representative of Company and such return is shipped in accordance with Company’s instructions. Any returns received without a valid return authorization issued by Company shall, at Company’s option, be: (a) immediately returned to Purchaser at Purchaser’s sole expense, or (b) ten (10) days after notification to Purchaser, disposed of at Purchaser’s sole expense. Purchaser shall be responsible for all damage to returned Products resulting from improper packing or handling of the Products.
Customer agrees, by purchasing any products from this Web Site, to abide by any and all warnings attached, associated or otherwise applicable to the Products, whether contained on the label of the Products or on any associated invoice or other paperwork supplied with the Products or contained in any description of the Products in the on the Web Site.
You agree to defend, indemnify and hold harmless Northern Safety Co., Inc. and its parents, affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of a Product or your breach of these Terms and Conditions. If Customer uses Products purchased from or through Company in an application or end-product, Customer has the obligation to determine the suitability of the products purchased for Customer’s application by testing or other means, and to determine that the application or end-product meets all applicable industry standards for safety and durability. If Customer uses Products purchased from or through Company in an application or end-product, and their use results in damage or harm to the person or property of Customer or others, Customer agrees to indemnify and hold Company harmless for all liability whether arising out of contract, tort, or other grounds. Customer further agrees to indemnify and hold Company harmless from all costs and expenses (including attorneys’ fees) incurred by Company in enforcing any of the provisions of these Terms and Conditions or in defending itself. If Customer initiates a legal action against Company, and Customer does not prevail, Customer will indemnify Company for all costs and expenses (including attorneys’ fees) incurred by Company to defend itself.
Disclaimer and Limitation of Liability
Unless otherwise specified, all Products have been manufactured or supplied by third parties. The Products are sold by Northern Safety on an “as is” and “as available” basis.
COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR ANY PRODUCTS OR MERCHANDISE INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU ACKNOWLEDGE, BY YOUR USE OF THE northernsafety.com WEB SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE northernsafety.com WEB SITE. IN ADDITION, THE COMPANY DISCLAIMS ANY WARRANTIES CLAIMED TO BE CREATED BY COURSE OF DEALING OR TRADE USAGE. THE COMPANY HAS MADE NO AFFIRMATION OF FACT OR PROMISE RELATING TO THE PRODUCTS SOLD WHICH SERVE AS ANY BASIS OF THE BARGAIN WITH PURCHASER. COMPANY FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR PRODUCTS THAT ARE FURTHER PROCESSED BY PURCHASER OR ANY THIRD PARTY OR IN ANY WAY CHANGED BY PURCHASER OR ANY THIRD PARTY FROM THE PRODUCTS DELIVERED BY COMPANY OR THAT ARE DAMAGED OR CAUSE DAMAGE AS A RESULT OF MISUSE, ACCIDENT, NEGLECT, OR IMPROPER INSTALLATION, IMPROPER STORAGE, EXPOSURE TO THE ELEMENTS, ALTERATIONS OR REPAIRS ON THE PART OF PURCHASER OR ANY THIRD PARTY.
YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCURRED BY PURCHASER OR ANY THIRD PARTY, UNDER ANY THEORY OF LIABILITY, INCLUDING PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESUTLS, COMPUTER FAILURE OR MALFUNCTION, REVENUE, OR USE, AND INCLUDING THE COST OF PROCURING SUBSTITUTE GOODS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR THE COMPANY’S BREACH OF THIS AGREEMENT, OR FOR ANY CLAIMS RELATED TO OR PROXIMATELY CAUSED BY PRODUCTS OR DAMAGES PROXIMATELY CAUSED BY DEFECTIVE, DAMAGED, OR MALFUNCTIONING PRODUCTS SOLD OR TO BE SOLD HEREUNDER SHALL BE THE REPAIR OR REPLACEMENT OF THE PRODUCTS, OR THE REFUND OF THE PURCHASE PRICE FOR THE PRODUCTS AT ISSUE, AT THE COMPANY’S SOLE OPTION, IN CONNECTION WITH YOUR USE OF THIS SITE. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY CLAIM THA IS NOT MADE WITHIN SIX MONTHS FROM THE DATE ON WHICH THE CLAIM AROSE.
All materials, including images, text, illustrations, designs, icons, photographs, and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on this Site for the sole purpose of placing an order with the Company or for purchasing Northern Safety products only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. All software used on this Site is the property of the Company or its suppliers and is protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Contents on this Site is strictly prohibited.
Unless otherwise noted, all Contents are copyrights, trademarks ("Marks"), trade dress, and/or other intellectual properties (collectively, the "Intellectual Property") owned, controlled, or licensed by the Company collectively, one of its affiliates, or by third parties who have licensed their materials to the Company and are protected by U.S. and international intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of the Company and is also protected by U.S. and international copyright laws.
The Company and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of the Company's or any third party's intellectual property rights. The use of the Company Marks or those of third parties who have licensed their Marks to the Company is strictly prohibited. It is a violation of Federal and international law to use this Site in any manner other than as presented herein.
Consent to Jurisdiction and Choice of Law
These Terms and Conditions and their application shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflicts of law principles. You agree that any legal proceedings with respect to the subject matter hereof shall be submitted to the exclusive jurisdiction of the State and Federal Courts of the State of New York with jurisdiction in Herkimer County, New York and you further consent to the personal jurisdiction and venue of such courts.
At any time that an amount is due to Company, Company shall have the right, without prior notice to set off and apply any amounts otherwise owed by Company to the Purchaser in all cases.
If any one or more provisions of these Terms and Conditions shall be found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Waiver or forbearance by Company to claim a breach by Purchaser of any provision of these Terms and Conditions or exercise any right or remedy provided by these Terms and Conditions or applicable law, shall not be deemed to constitute a waiver by Company with respect to such breach or any subsequent breach by Purchaser of any provision hereof.
Purchaser may not assign these Terms and Conditions. Any attempted assignment shall be null and void. The Company may assign these Terms and Conditions and the rights and interests of the Company, in whole or in part. Nothing in these Terms and Conditions shall be construed to create any partnership, joint venture or agency relationship of any kind between the Purchaser and the Company.
Privacy & Security
By using the Site, you consent to our collection and use of certain information as described in our Privacy & Security Policy. The terms of the Privacy & Security Policy apply only to information collected by this Site. The Company is not responsible for Privacy practices of other Sites that may be linked to this Site.
This Site includes links to Internet Sites owned or operated by entities other than the Company (the "External Sites"). These may include, but are not limited to, links leading to:
- Sources of safety and industrial information, Safety Data Sheets (SDS), standards, and specifications (e.g., OSHA).
- Manufacturers' and vendors' web Sites, product information, and product specifications.
- Third-party product reviews and other product performance information.
By using the Site, you acknowledge that the Company is not responsible for the availability of, or content on or accessed through, any External Site, nor does the Company intend such External Site to be a referral by the Company or an endorsement of the entities operating such External Sites. You should contact the Webmaster or Site Administrator for those External Sites if you have any questions or concerns regarding content or links which exist on such External Sites.
The Company advertises on the internet. The Company’s third party advertisers or ad networks place cookies, tracing pixels, and related technologies on your browser to collect information about you for targeted advertising purposes when you visit the Site. They may collect data about your browsing activity on the Site and your device and browser information by collecting device IP addresses, cookie string data, and in the case of mobile devices, device type and device identifier, and other website activity data. The data collected may be used by these third parties to provide interest-based targeted advertising to you on other websites based on your online activity. The data may also be used as part of advertising campaign performance and measurement data or for other purposes. By using this Site, you consent to third parties collecting information, including IP addresses, cookie identifiers, and website activity, and placing cookies or related technologies on your browser for these purposes. We do not control these third parties tracking technologies or how they may be used. If you would like to opt out of targeted advertising, please visit www.aboutads.info/choices or networkadvertising.org/choices. The Company is not responsible for privacy practices of other third parties that may collect information on this Site.
PREMIER PLUS members receive the following benefits:
- Free ground shipping within the contiguous United States
- No minimum order requirements
- Exclusive offers
- 30-day risk-free trial, $149 annual fee
- All products in our catalog and on our Site are eligible for PREMIER PLUS except custom and safety message items, or other products clearly marked as not qualifying for free shipping or not eligible for the PREMIER PLUS shipping program.
- To be eligible for PREMIER PLUS membership, you must request shipment within the contiguous 48 United States only.
- If only some of the items in your order are eligible for PREMIER PLUS, you will pay the applicable shipping charges for the items that are not eligible.
- PREMIER PLUS only provides free ground shipping on eligible products. If you chose a different method of shipping on an eligible product, you will have to pay the associated expedited shipping cost listed on our Site less a discount equal to the ground shipping charge listed on our Site for the same product.
- We may also exclude certain products from PREMIER PLUS to the extent that they have special shipping characteristics. All excluded products will be clearly marked on our Site.
The membership fee for PREMIER PLUS members is $149 per year.
For your convenience, your PREMIER PLUS membership will be automatically renewed each year on the anniversary date of your enrollment. Our membership fees are subject to change. Any change in fees after you have been charged will not affect your current membership, but will be applied at your next auto renewal for the subsequent membership term. We will provide reasonable advance notice to you of the membership fee, the renewal date, and the scheduled date of the transfer.
UNLESS YOU CANCEL YOUR MEMBERSHIP PRIOR TO YOUR AUTORENEWAL, YOU AUTHORIZE US TO AUTOMATICALLY RENEW YOUR MEMBERSHIP AT THE THEN CURRENT LEVEL AND YOU AUTHORIZE US TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEES AND TAXES, IF ANY, FROM ANY METHOD OF PAYMENT WE HAVE ON RECORD FOR YOU. YOU CAN CANCEL AT ANY TIME. PLEASE SEE “CANCELLING YOUR MEMBERSHIP” FOR MORE DETAILS.Cancelling Your PREMIER PLUS Membership
You may cancel your PREMIER PLUS membership at any time. To cancel your PREMIER PLUS membership, you can call us at 1-800-631-1246, Mon - Fri: 7:30 am - 8:00 pm ET, or email us at email@example.com and tell us you want to discontinue your membership. If you call or email prior to the expiration of your risk-free trial period, you will receive a complete refund.Other Important PREMIER PLUS Restrictions and Limitations
- We reserve the right to refuse membership to PREMIER PLUS at our discretion.
- We may terminate your membership at any time and for any reason, including for failure to pay our subscription fees or any other amounts due to us. If we do terminate your paid PREMIER PLUS membership without cause, you will be entitled to a pro-rated refund based on the days remaining in your membership.
- We may change, add or remove benefits of PREMIER PLUS membership at our discretion and without notice to you. If you do not like the changes we make, you can cancel at any time. Please see “CANCELLING YOUR MEMBERSHIP” above. If you do not cancel your membership, your continued use of PREMIER PLUS constitutes your unconditional acceptance of the change.
- You may not transfer your PREMIER PLUS membership to any other person or company.
We may send you notices or emails regarding your membership in PREMIER PLUS. These are separate from promotional offers and not subject to our opt-out policy.PREMIER PLUS Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, PREMIER PLUS, OUR WEBSITE, ANY CONTENT ON THE WEBSITE OR ANY ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO PREMIER PLUS WILL NOT EXCEED THE AMOUNT YOU PAID FOR A ONE YEAR SUBSCRIPTION TO YOUR MEMBERSHIP. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW OR ANY OTHER LIMITATION OF LIABILITY UNDER THESE TERMS AND CONDITIONS.
The Company may terminate your access to the Site or refuse to complete a sale at any time and may do so immediately with or without notice and accordingly deny you access to the Site.
If any provision of the Terms and Conditions shall be held invalid or unenforceable by competent authority, such provision shall be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear. The total invalidity or unenforceability of any particular provision herein shall not affect the other provisions herein which shall be construed in all respects as if such invalid or unenforceable provision were omitted.
Termination of your access to the Site or your ability to purchase products will not affect any obligation owed by one party to the other party that has accrued prior to such termination.
© 2020 Northern Safety Co., Inc.