www.mscdirect.com
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45.223.165.254
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Submitted URL: http://www.mscdirect.com/customer-service/terms
Effective URL: https://www.mscdirect.com/customer-service/terms-and-conditions-of-sale
Submission: On January 10 via api from IE — Scanned from DE
Effective URL: https://www.mscdirect.com/customer-service/terms-and-conditions-of-sale
Submission: On January 10 via api from IE — Scanned from DE
Form analysis 7 forms found in the DOM
Name: searchForm — GET /browse/tn/
<form name="searchForm" id="searchForm" method="get" action="/browse/tn/"
onsubmit="if(typeof validateSearchForm=='function'){validateSearchForm(this);}if((document.getElementById('siteSearchInput').value=='' || document.getElementById('siteSearchInput').value=='By Keyword, Part #, Mfr #, Competitor part #, Customer part #, SDS' || document.getElementById('siteSearchInput').value=='Keyword or Part Number') && document.getElementById('pageLabelInputHidden').value=='' ){return false;}"
class="inline-block w-full lg:w-3/4 2xl:w-712 3xl:w-840 relative" autocomplete="off">
<label for="" class="sr-only">Search</label>
<input type="hidden" name="searchterm" id="siteSearchInputHidden" value="">
<input type="hidden" name="hdrsrh" id="hdrsrhId" value="true">
<input type="hidden" name="pagelabel" id="pageLabelInputHidden" value="">
<input type="hidden" name="contentPath" id="contentPathInputHidden" value="">
<input type="hidden" name="rd" value="k">
<input type="text" id="siteSearchInput" maxlength="150" placeholder="Search by keyword or part number..."
class="hover:border-gray-600 text-sm lg:text-base focus:outline-none border focus:border-gray-600 h-16 lg:h-16 rounded-full w-full 3xl:w-840 2xl:w-712 xl:w-full my-6 mr-2 border-gray-400 box-border pl-6 pr-12" title="" value="">
<div id="icon_clear" class="tw-hidden absolute cursor-pointer text-monochromes-DEFAULT w-4 h-4 top-7 right-0 my-4 mr-4 lg:mr-6 right-12" style="display: none;"><i class="fal fa-times opacity-75"></i></div>
<button type="submit" id="goButton" class="absolute top-5 right-0 my-4 mr-4 top-1 focus:outline-none hover:border-gray-600 focus:border-gray-600 w-10 h-10 lg:inline-block">
<i class="fas fa-search"></i>
</button>
</form>Name: userLogonForm — POST /Logon
<form name="userLogonForm" id="deskuserLogonForm" action="/Logon" method="post"><input type="hidden" name="fromHeader" value="true"> <input type="hidden" name="langId" value="-1"> <input type="hidden" name="storeId" value="10054"> <input
type="hidden" name="catalogId" value="10001"> <input type="hidden" id="searchTermHiddenAttribute" disabled="disabled" name="searchterm" value=""> <input type="hidden" id="hdrsrhHiddenAttribute" disabled="disabled" name="hdrsrh" value="true">
<input type="hidden" id="forwardURL" name="URL" value="/customer-service/terms-and-conditions-of-sale">
<input type="hidden" name="reLogonURL" value="LogonForm">
<input type="hidden" name="appLogin" value="Y">
<input type="hidden" name="rememberMe" value="true">
<div>
<label for="hdrUsername" class="sr-only">Username </label>
<div class="relative">
<i class="fas fa-user absolute m-4 text-gray-600"></i>
<input type="text" placeholder="Username" class="p-2 pl-10 pr-6 focus:outline-none hover:border-gray-600 focus:border-gray-600 border border-gray-400 box-border rounded-lg w-full" id="deskhdrUsername" name="logonId" title="Username"
tabindex="11" maxlength="50" autocomplete="off">
</div>
<span class="block text-gray-600 text-sm text-right mt-2 mb-4 font-normal">
<a href="/ForgotUsernameView">Forgot Username?</a>
</span>
</div>
<div>
<label for="hdrPassword" class="sr-only">Password </label>
<div class="relative">
<i class="fas fa-lock absolute m-4 text-gray-600"></i>
<input type="password" placeholder="Password" class="p-2 pl-10 pr-6 focus:outline-none hover:border-gray-600 focus:border-gray-600 border border-gray-400 box-border rounded-lg w-full" name="logonPassword" id="deskhdrPassword" tabindex="12"
maxlength="50" autocomplete="off">
</div>
<span class="block text-gray-600 text-sm text-right mt-2 font-normal">
<a href="/ForgotPasswordView">Forgot Password?</a>
</span>
</div>
<div class="flex items-center rememberusercheckbox">
<input type="checkbox" id="deskhdrRememberUsername" name="RememberUsername" value="true" tabindex="13" class="border border-gray-400 box-border h-5 w-5 mr-2"> <label class="text-sm" for="deskhdrRememberUsername">Remember me</label>
</div>
<button type="submit" id="deskhdrInSearchGoButton" tabindex="14" class="focus:outline-none btn btn-primary w-full rounded-full tracking-tight mt-4 mb-6 py-2 bg-gradient-to-r from-primary-accent-1 to-primary-DEFAULT">Sign In</button>
</form>Name: userLogonForm — POST /Logon
<form name="userLogonForm" id="mobileuserLogonForm" action="/Logon" method="post"><input type="hidden" name="fromHeader" value="true"> <input type="hidden" name="langId" value="-1"> <input type="hidden" name="storeId" value="10054"> <input
type="hidden" name="catalogId" value="10001"> <input type="hidden" id="searchTermHiddenAttribute" disabled="disabled" name="searchterm" value=""> <input type="hidden" id="hdrsrhHiddenAttribute" disabled="disabled" name="hdrsrh" value="true">
<input type="hidden" id="forwardURL" name="URL" value="MyAccountView">
<input type="hidden" name="reLogonURL" value="LogonForm">
<input type="hidden" name="appLogin" value="Y">
<input type="hidden" name="rememberMe" value="true">
<div>
<label for="hdrUsername" class="sr-only">Username </label>
<div class="relative">
<i class="fas fa-user absolute m-4 text-gray-600"></i>
<input type="text" placeholder="Username" class="p-3 pl-10 pr-6 focus:outline-none hover:border-gray-600 focus:border-gray-600 border border-gray-400 box-border rounded-lg w-full" id="mobilehdrUsername" name="logonId" title="Username"
tabindex="11" maxlength="50" autocomplete="off">
</div>
<span class="block text-gray-600 text-sm text-right mt-2 mb-4 font-normal">
<a href="/ForgotUsernameView">Forgot Username?</a>
</span>
</div>
<div>
<label for="hdrPassword" class="sr-only">Password </label>
<div class="relative">
<i class="fas fa-lock absolute m-4 text-gray-600"></i>
<input type="password" placeholder="Password" class="p-3 pl-10 pr-6 focus:outline-none hover:border-gray-600 focus:border-gray-600 border border-gray-400 box-border rounded-lg w-full" name="logonPassword" id="mobilehdrPassword" tabindex="12"
maxlength="50" autocomplete="off">
</div>
<span class="block text-gray-600 text-sm text-right mt-2 font-normal">
<a href="/ForgotPasswordView">Forgot Password?</a>
</span>
</div>
<div class="flex font-normal rememberusercheckbox">
<input type="checkbox" id="mobihdrRememberUsername" name="RememberUsername" value="true" tabindex="13" class="border border-gray-400 box-border h-5 w-5 mr-2"> <label class="text-sm" for="mobihdrRememberUsername">Remember me</label>
</div>
<button type="submit" id="mobilehdrInSearchGoButton" tabindex="14" class="focus:outline-none btn btn-primary w-full rounded-full tracking-tight mt-8 mb-14 py-4 bg-gradient-to-r from-primary-accent-1 to-primary-DEFAULT">Sign In</button>
</form>POST /OrderItemAdd
<form class="quickOrderPad" method="post" action="/OrderItemAdd">
<input type="hidden" name="langId" value="-1">
<input type="hidden" name="storeId" value="10054">
<input type="hidden" name="catalogId" value="10001">
<input type="hidden" name="orderId" value=".">
<input type="hidden" name="URL" value="ShoppingCartView">
<input type="hidden" name="errorViewName" value="LargeOrderPadView">
<input type="hidden" name="item" value="">
<input type="hidden" name="addLineCount" id="addLineCount" value="5">
<p id="QuickOrderPadAddItemsErrorDiv" class="hidden">
<span>Please add at least one part #.</span>
</p>
<p id="QuickOrderPadAddItemsQtyErrorDiv" class="hidden">
<span id="QuickOrderPadAddItemsQtyErrorPara">Please enter valid partnumber and quantity.</span>
</p>
<div class="flex mb-3 qop-row quickOrderItem">
<input type="hidden" name="pattrName_1" value="orderSource">
<input type="hidden" name="pattrValue_1" value="MO">
<label for="userEnteredPartnumber1" class="sr-only">Part Number</label>
<input type="text" rel="Part #" class="px-6 py-2 focus:outline-none hover:border-gray-600 focus:border-gray-600 border rounded-lg border-gray-400 box-border w-48 qop-input qop-item-number itemNumber part" placeholder="Part #" value="Part #"
id="userEnteredPartnumber1" name="userEnteredPartnumber_1" title="Part #" autocomplete="off">
<label for="quantity1" class="sr-only">Quantity</label>
<input type="text" rel="Qty" class="px-6 py-2 focus:outline-none hover:border-gray-600 focus:border-gray-600 border rounded-lg border-gray-400 border border-gray-400 box-border w-20 ml-3 qty qop-input qop-item-qty" placeholder="Qty" value="Qty"
id="quantity1" name="quantity_1" maxlength="5" title="Qty" autocomplete="off" onkeypress="javascript:return isNumberKey(event);">
<div class="absolute bg-white left-0 quickOrderTypeAheadDisplay shadow-xl typeAheadDisplay w-48 z-10 top-100" style="display: none;"></div>
</div>
<div class="flex mb-3 qop-row quickOrderItem">
<input type="hidden" name="pattrName_2" value="orderSource">
<input type="hidden" name="pattrValue_2" value="MO">
<label for="userEnteredPartnumber1" class="sr-only">Part Number</label>
<input type="text" rel="Part #" class="px-6 py-2 focus:outline-none hover:border-gray-600 focus:border-gray-600 border rounded-lg border-gray-400 box-border w-48 qop-input qop-item-number itemNumber part" placeholder="Part #" value="Part #"
id="userEnteredPartnumber2" name="userEnteredPartnumber_2" title="Part #" autocomplete="off">
<label for="quantity1" class="sr-only">Quantity</label>
<input type="text" rel="Qty" class="px-6 py-2 focus:outline-none hover:border-gray-600 focus:border-gray-600 border rounded-lg border-gray-400 border border-gray-400 box-border w-20 ml-3 qty qop-input qop-item-qty" placeholder="Qty" value="Qty"
id="quantity2" name="quantity_2" maxlength="5" title="Qty" autocomplete="off" onkeypress="javascript:return isNumberKey(event);">
<div class="absolute bg-white left-0 quickOrderTypeAheadDisplay shadow-xl typeAheadDisplay w-48 z-10 top-100" style="display: none;"></div>
</div>
<div class="flex mb-3 qop-row quickOrderItem">
<input type="hidden" name="pattrName_3" value="orderSource">
<input type="hidden" name="pattrValue_3" value="MO">
<label for="userEnteredPartnumber1" class="sr-only">Part Number</label>
<input type="text" rel="Part #" class="px-6 py-2 focus:outline-none hover:border-gray-600 focus:border-gray-600 border rounded-lg border-gray-400 box-border w-48 qop-input qop-item-number itemNumber part" placeholder="Part #" value="Part #"
id="userEnteredPartnumber3" name="userEnteredPartnumber_3" title="Part #" autocomplete="off">
<label for="quantity1" class="sr-only">Quantity</label>
<input type="text" rel="Qty" class="px-6 py-2 focus:outline-none hover:border-gray-600 focus:border-gray-600 border rounded-lg border-gray-400 border border-gray-400 box-border w-20 ml-3 qty qop-input qop-item-qty" placeholder="Qty" value="Qty"
id="quantity3" name="quantity_3" maxlength="5" title="Qty" autocomplete="off" onkeypress="javascript:return isNumberKey(event);">
<div class="absolute bg-white left-0 quickOrderTypeAheadDisplay shadow-xl typeAheadDisplay w-48 z-10 top-100" style="display: none;"></div>
</div>
<div class="flex mb-3 qop-row quickOrderItem">
<input type="hidden" name="pattrName_4" value="orderSource">
<input type="hidden" name="pattrValue_4" value="MO">
<label for="userEnteredPartnumber1" class="sr-only">Part Number</label>
<input type="text" rel="Part #" class="px-6 py-2 focus:outline-none hover:border-gray-600 focus:border-gray-600 border rounded-lg border-gray-400 box-border w-48 qop-input qop-item-number itemNumber part" placeholder="Part #" value="Part #"
id="userEnteredPartnumber4" name="userEnteredPartnumber_4" title="Part #" autocomplete="off">
<label for="quantity1" class="sr-only">Quantity</label>
<input type="text" rel="Qty" class="px-6 py-2 focus:outline-none hover:border-gray-600 focus:border-gray-600 border rounded-lg border-gray-400 border border-gray-400 box-border w-20 ml-3 qty qop-input qop-item-qty" placeholder="Qty" value="Qty"
id="quantity4" name="quantity_4" maxlength="5" title="Qty" autocomplete="off" onkeypress="javascript:return isNumberKey(event);">
<div class="absolute bg-white left-0 quickOrderTypeAheadDisplay shadow-xl typeAheadDisplay w-48 z-10 top-100" style="display: none;"></div>
</div>
<div class="flex mb-3 qop-row quickOrderItem">
<input type="hidden" name="pattrName_5" value="orderSource">
<input type="hidden" name="pattrValue_5" value="MO">
<label for="userEnteredPartnumber1" class="sr-only">Part Number</label>
<input type="text" rel="Part #" class="px-6 py-2 focus:outline-none hover:border-gray-600 focus:border-gray-600 border rounded-lg border-gray-400 box-border w-48 qop-input qop-item-number itemNumber part" placeholder="Part #" value="Part #"
id="userEnteredPartnumber5" name="userEnteredPartnumber_5" title="Part #" autocomplete="off">
<label for="quantity1" class="sr-only">Quantity</label>
<input type="text" rel="Qty" class="px-6 py-2 focus:outline-none hover:border-gray-600 focus:border-gray-600 border rounded-lg border-gray-400 border border-gray-400 box-border w-20 ml-3 qty qop-input qop-item-qty" placeholder="Qty" value="Qty"
id="quantity5" name="quantity_5" maxlength="5" title="Qty" autocomplete="off" onkeypress="javascript:return isNumberKey(event);">
<div class="absolute bg-white left-0 quickOrderTypeAheadDisplay shadow-xl typeAheadDisplay w-48 z-10 top-100" style="display: none;"></div>
</div>
<button id="qop-button" type="submit" class="btn btn-primary w-full rounded-full tracking-tight mt-8 mb-6 py-2 bg-gradient-to-r from-primary-accent-1 to-primary-DEFAULT focus:outline-none">Add to Cart</button>
<a href="javascript:loadLargeOrderPad();" class="block font-bold text-primary-DEFAULT text-center">Large Order Pad</a>
</form>POST //www.pages03.net/mscmarketing/signupnew/Signup
<form method="post" action="//www.pages03.net/mscmarketing/signupnew/Signup" class="mb-8 sm:order-first" pageid="6236432" siteid="212070" parentpageid="6236431" onsubmit="return emailSignupNewFooter(this);" target="signup-frame-footer">
<div class="relative">
<input type="text" name="EmailAddress" placeholder="Enter email for exclusive deals" onblur="if(this.value=='') this.value='Enter email for exclusive deals'" onfocus="if(this.value =='Enter email for exclusive deals') this.value=''"
class="md:mr-2 focus:outline-none hover:border-gray-600 focus:border-gray-600 text-sm lg:text-base p-3 w-full w-auto md:w-300 border relative text-xs text-left align-middle px-6 border-solid border-gray-300 rounded-full">
<input type="hidden" name="Email">
<button
class="focus:outline-none bg-gradient-to-r from-primary-accent-1 to-primary-DEFAULT rounded-md absolute xl:relative lg:relative md:relative right-0 border border-solid border-transparent text-white p-3 px-6 lg:px-8 xl:px-8 md:px-8 text-center align-top btn btn-primary font-bold text-base rounded-full"><span
class="tw-hidden md:block xl:block lg:block">Subscribe</span><span class="xl:tw-hidden lg:tw-hidden md:tw-hidden"><i class="fas fa-arrow-right"></i> </span></button>
<input type="hidden" name="formSourceName" value="StandardForm">
<input type="hidden" name="sp_exp" value="yes">
<iframe id="signup-frame-footer" name="signup-frame-footer" style="display: none;"></iframe>
</div>
</form>POST //www.pages03.net/mscmarketing/signupnew/Signup
<form method="post" action="//www.pages03.net/mscmarketing/signupnew/Signup" class="mb-8 sm:order-first" pageid="6236432" siteid="212070" parentpageid="6236431" onsubmit="return emailSignupFooter(this);" target="signup-frame-footer">
<div class="relative">
<input type="text" class="focus:outline-none focus:shadow-outline focus:border-blue-300 text-sm lg:text-base p-3 w-full lg:w-300 border relative text-xs text-left align-middle px-10 border-solid border-gray-300 rounded-full" name="EmailAddress"
placeholder="Enter email for exclusive deals">
<input type="hidden" name="Email">
<button
class="bg-gradient-to-r from-primary-accent-1 to-primary-DEFAULT rounded-md absolute xl:relative lg:relative md:relative right-0 border border-solid border-transparent text-white p-3 px-6 lg:px-8 xl:px-8 md:px-8 text-center align-top btn btn-primary font-bold text-base rounded-full"><span
class="tw-hidden md:block xl:block lg:block">Subscribe</span><span class="xl:tw-hidden lg:tw-hidden md:tw-hidden"><i class="fas fa-arrow-right"></i> </span></button>
<input type="hidden" name="formSourceName" value="StandardForm">
<input type="hidden" name="sp_exp" value="yes">
</div>
</form><form>
<input type="hidden" id="epcode" name="epcode" value="">
</form>Text Content
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Order Pad Quick Order Pad
Please add at least one part #.
Please enter valid partnumber and quantity.
Part Number Quantity
Part Number Quantity
Part Number Quantity
Part Number Quantity
Part Number Quantity
Add to Cart Large Order Pad
Save on orders over $149*. ENTER CODE: JAN149H CLICK TO APPLY ▶✔ PROMO APPLIED
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Terms and Conditions of Sale
Website Terms of Use
Customer Service Menu
Contact Us
MSC Locations
Invoicing/Credit
Periodic Billing
Legal Notices
Modern Slavery Act Transparency
Sponsorship / Donation Requests
SDS & Regulatory Documents
Privacy Policy
California Privacy Policy
Return Policy
Conflict Minerals Policy
Sales Tax Exemption Forms
Shipping Options
Terms and Conditions of Sale
Website Terms of Use
Customer Service Menu
Contact Us
MSC Locations
Invoicing/Credit
Periodic Billing
Legal Notices
Modern Slavery Act Transparency
Sponsorship / Donation Requests
SDS & Regulatory Documents
Privacy Policy
California Privacy Policy
Return Policy
Conflict Minerals Policy
Sales Tax Exemption Forms
Shipping Options
Terms and Conditions of Sale
Website Terms of Use
Terms & Conditions of Sale
Our Terms and Conditions apply to all purchases and sales of items offered here,
and your purchase means you have accepted our Terms and Conditions of Sale in
effect as of the date of purchase. We disclaim any other Terms and Conditions
contained in any customer purchase order, order form or otherwise unless
expressly agreed to by us in writing. Purchase orders must be strictly in
conformity with these Terms and Conditions; inconsistent or conflicting terms in
any purchase order or sale acknowledgment are rejected and shall be controlled
by these Terms and Conditions unless agreed to by the customer and MSC in a
separate mutual writing. Additional terms are not binding unless agreed to by an
officer of MSC in a separate writing. We reserve the right to decline fulfilling
orders at our discretion.
Our catalogs of products, parts, machinery system and product ordering hierarchy
(the "MSC Catalogs") constitute original works and selections and arrangements
of data compiled by MSC, and are protected works and compilations under the U.S.
Copyright Act. All rights in MSC Catalogs are reserved by MSC. You shall use MSC
Catalogs solely to purchase products.
Our Hassle Free Guarantee
MSC has been doing business for over 76 years. We are proud to be a NYSE listed
company, trading under the symbol MSM. The suppliers and manufacturers we
represent are the best in the business. Brands you want and ask for. All
products are first quality. If you receive a product that does not perform as
advertised in MSC Catalogs, please call us. We will happily and quickly provide
an exchange or refund (subject to Q.A. inspection) provided it is returned
(excluding hazardous materials and cut-to-length products) within 30 days of
shipment in its original packaging. Thank you for choosing MSC as your
industrial supplier.
Pricing & Charges
Product: Prices and charges in this catalog are effective upon publication (or
immediately when displayed on our website) and are subject to change without
notice. All prices are quoted in U.S. dollars. We reserve the right to pass on
any surcharges or impose purchase restrictions or limits at any time. Prices and
availability may vary at branch locations.
Charges: All orders are subject to applicable shipping, freight, taxes and
processing charges. Shipping charges for ground service on all stocking orders
are determined by using a flat rate table that is based on the combined weight
of all items on the order. There are no additional charges for split shipments
on MSC stocking orders. This simplified table approach gives MSC the ability to
quote freight at the time of the order. Flat table charges are intended to
approximate MSC's average cost to process and ship a package of similar weight
characteristics. Shipping charges for non-stocking orders and premium shipping
services will be subject to the carrier's published rates plus an additional
handling charge of $3.99 per order. In some cases, shipping charges may be less
than or greater than MSC's actual cost to process and ship.
Carrier Surcharges: Carriers may impose surcharges, which vary by carrier and
may change at the carrier's discretion. MSC will pass on the surcharge.
Minimum Order: $25 (U.S. dollars). You will be charged the minimum $25 on any
order with a merchandise value of $25 or less.
Terms/Billing Options
Net 30 days on approved open accounts from date of invoice. In addition to open
accounts, we also accept cash, C.O.D. and most major credit cards. MSC has
multiple payment/billing options. MSC may charge a convenience fee for credit
card payments. MSC also offers an online ACH payment option which is free of
charge. If an open account customer fails to make full payment within thirty
(30) days from date of invoice, MSC may defer any further shipments or other
orders, or cancel any portion of an unshipped order. MSC further reserves the
right to charge interest on overdue invoices at the rate of 18% per annum (1.5%
monthly) or at the highest rate available under applicable law. It is understood
and agreed that customer will pay, to the extent permitted under law, all
reasonable costs and expenses, including attorney’s fees, collection agency fees
and court costs incurred by MSC in connection with any collection action for
payment of the amounts due herein.
MSC makes available certain payment processes through which you can provide
payment information to us when you pay for your order (our "Authorized Payment
Processes"). Examples of our Authorized Payment Processes include providing
payment information by telephone, through our website checkout page or using an
established Electronic Data Interchange (EDI). MSC has implemented physical,
technological and administrative safeguards intended to protect the information
that you provide using one of our Authorized Payment Processes. These safeguards
include, for example, encryption of Internet communications. If you do not use
an Authorized Payment Processes, and you submit payment information through some
other method (such as via email or fax), then the safeguards provided by our
Authorized Payment Processes will not protect your payment information, and you
provide such information at your own risk. MSC expressly disclaims all
responsibility regarding the collection, use and protection of information that
you do not submit through an Authorized Payment Process.
Delivery
Deliveries are made Monday through Friday, daytime hours only. Most orders are
shipped UPS. MSC also uses various carriers for different regions. Items that
are drop shipped directly from manufacturers may take longer, so items ordered
together may not always arrive in the same box or on the same day. Hazardous
materials require special handling, are not service level guaranteed and may be
subject to local, state and federal regulations which may delay or prohibit
shipments. Hazardous materials will not be shipped to Alaska or Hawaii or
exported outside of the contiguous United States. All orders to locations
outside of the State of California are shipped F.O.B. Origin from MSC's
distribution facility or manufacturer's facility for drop shipments, with title
and risk of loss passing to Customer on delivery to the common carrier or upon
Customer pickup. Unless Customer’s freight carriers are used, all orders to
locations within the State of California are shipped F.O.B. Destination, with
title and risk of loss passing to Customer on delivery to the specified Customer
location. Orders placed on Fridays (after your local cut-off time), weekends or
holidays will be shipped on the next regular business day. Any request for a UPS
proof of delivery shall be made by Customer to MSC within thirty (30) days of
the invoice's due date. Please check with your MSC sales representative for more
information at order time. See Warranties-Limited Liability.
Damaged or Lost Shipments
UPS, Fed-Ex Ground, other package carriers & Prepaid Truck Shipments (MSC
carrier): Check your order immediately upon arrival. All damages must be noted
on delivery receipt. All shortages and damages must be called into MSC
Industrial Supply at 1-800-645-7270 or e-mailed to customercare@mscdirect.com
within 7 calendar days.
Machinery Shipments: Call 800-331-1110 or e-mail mach_service@mscdirect.com. All
damaged containers and merchandise must be kept for inspection. If product was
damaged in transit, you must file a claim with the carrier.
Truck Shipment (when you select the carrier): Check your order immediately upon
arrival. All damages must be noted on delivery receipt. All damages and
shortages must be called in to the trucker you chose within 7 days. All damaged
containers and merchandise must be kept for your trucker to inspect. At that
time, you will file a claim with your trucker. Damaged Hazardous Materials must
be returned through the freight company prior to acceptance of delivery (See
Returns and Repairs Section).
Warranties
General Merchandise Warranty: Except as otherwise stated, the only warranties
applying to materials sold are those, if any, specifically provided by the
manufacturer to be honored by the manufacturer. Items marked Lifetime Warranty
are subject to manufacturer's warranty terms. EXCEPT AS SET FORTH HEREIN, MSC
MAKES NO WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED. MSC DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, WORKMANSHIP, QUALITY, DURABILITY, SUITABILITY, OR
NON-INFRINGEMENT INCLUDING WITHOUT LIMITATION IN THOSE INSTANCES WHERE CHANGES,
ALTERATIONS OR MODIFICATIONS ARE MADE IN MATERIALS AT THE REQUEST OR INSTRUCTION
OF THE CUSTOMER, AND THE CUSTOMER AGREES NOT TO CLAIM OR COMMENCE SUIT AGAINST
MSC BASED ON ANY SUCH DISCLAIMED WARRANTIES OR SUCH MANUFACTURER'S WARRANTIES.
OUR OBLIGATION IS LIMITED ONLY TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS
OR, AT OUR SOLE OPTION, TO REFUND THE PURCHASE PRICE. A full refund will be
given, subject to our Q.A. inspection, for any defective item returned to us and
received by us within 30 days of the date of shipment in its original packaging.
Exception: Phase converters in You-Build-It Kit form are final sale only.
Machinery Warranty: Motorized machinery purchased directly from MSC shall be
free from defects in material and workmanship for a period of 1 year from date
of shipment for mechanical and electrical components (or 2,000 operating hours,
whichever comes first, for CNC equipment). This warranty is void in the event a
static phase convertor is used to support the machine's operation. Parts found
to be defective in material and workmanship by MSC during the warranty period
shall be replaced or repaired at MSC's sole option. Any components on motorized
machinery found by MSC to be modified, altered, misused, abused or neglected
will void the MSC warranty. This warranty is exclusive and in lieu of any and
all other warranties whether written or oral, expressed or implied, including
but not limited to any warranty of merchantability and any warranty of fitness
for a particular purpose and any warranty of non-infringement. Parts not covered
by this warranty are normal wear or consumable parts such as (but not limited
to) belts, filters, greases and lubricants, batteries, lamps, brakes and blades.
This warranty is void outside of the U.S.
Manufacturer's Responsibility: The customer recognizes that MSC is a distributor
and not a manufacturer, fabricator or packager, and all applicable product
specifications, representations and warranties are solely those of the
fabricator, manufacturer or packager of the products sold. MSC's liability
hereunder for any claim of loss or damage of any kind whatsoever by the customer
arising from a breach of any such specifications, representations or warranties
by the manufacturer, fabricator or packager shall be limited to reimbursement of
the price paid for the specific item sold, and other than such reimbursement, as
between the customer and MSC, the customer's sole and exclusive recourse for
such loss or damage is to the manufacturer, fabricator or packager of the
products. Customer waives any right of set-off or cover under the Uniform
Commercial Code or otherwise.
Limited Liability: IN NO EVENT SHALL MSC BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, ARISING OUT OF THE PURCHASE, INCLUDING BUT NOT
LIMITED TO LOSS OF ANTICIPATED OPPORTUNITY OR PROFITS, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. MSC shall not be responsible for computer or
electronic interruptions, mechanical or electrical breakdowns, strikes, labor
slowdowns, war, terrorism, riots, severe weather conditions, natural disasters,
acts of God or any other forces beyond the reasonable control of MSC, LTL
shipments and other non-scheduled carriers, branch shipments (due to earlier
pickups), back ordered items, replacement orders, new accounts (first order),
orders requiring credit review, and supplier manufacturing deficiencies.
WARNING: MSC assumes no responsibility for how personal protective equipment
(PPE) items are used or their effectiveness. Each user is solely responsible for
the selection of appropriate PPE items for the setting and application. Before
use, the user and/or wearer must read and understand the user instructions
provided as a part of the product packaging for ensuring proper use. While use
of PPE may decrease the chance of exposure to the COVID-19 coronavirus, there is
no guarantee even with proper use that all risk of exposure will be eliminated.
For example, no matter how well a respirator seals to the face and how efficient
the filter media is, wearers should expect a small amount of leakage inside any
respirator. Except as expressly provided by the manufacturers, PPE items have
not been tested to determine their efficacy against viruses such as the COVID-19
coronavirus.
PPE PRODUCTS NOT INTENDED FOR MEDICAL USE: The PPE
Terms & Conditions of Sale
Our Terms and Conditions apply to all purchases and sales of items offered here,
and your purchase means you have accepted our Terms and Conditions of Sale in
effect as of the date of purchase. We disclaim any other Terms and Conditions
contained in any customer purchase order, order form or otherwise unless
expressly agreed to by us in writing. Purchase orders must be strictly in
conformity with these Terms and Conditions; inconsistent or conflicting terms in
any purchase order or sale acknowledgment are rejected and shall be controlled
by these Terms and Conditions unless agreed to by the customer and MSC in a
separate mutual writing. Additional terms are not binding unless agreed to by an
officer of MSC in a separate writing. We reserve the right to decline fulfilling
orders at our discretion.
Our catalogs of products, parts, machinery system and product ordering hierarchy
(the "MSC Catalogs") constitute original works and selections and arrangements
of data compiled by MSC, and are protected works and compilations under the U.S.
Copyright Act. All rights in MSC Catalogs are reserved by MSC. You shall use MSC
Catalogs solely to purchase products.
Our Hassle Free Guarantee
MSC has been doing business for over 76 years. We are proud to be a NYSE listed
company, trading under the symbol MSM. The suppliers and manufacturers we
represent are the best in the business. Brands you want and ask for. All
products are first quality. If you receive a product that does not perform as
advertised in MSC Catalogs, please call us. We will happily and quickly provide
an exchange or refund (subject to Q.A. inspection) provided it is returned
(excluding hazardous materials and cut-to-length products) within 30 days of
shipment in its original packaging. Due to COVID restrictions, facial coverings
including K95 masks and respirators are non-returnable. Thank you for choosing
MSC as your industrial supplier.
Pricing & Charges
Product: Prices and charges in this catalog are effective upon publication (or
immediately when displayed on our website) and are subject to change without
notice. All prices are quoted in U.S. dollars. We reserve the right to pass on
any surcharges or impose purchase restrictions or limits at any time. Prices and
availability may vary at branch locations.
Charges: All orders are subject to applicable shipping, freight, taxes and
processing charges. Shipping charges for ground service on all stocking orders
are determined by using a flat rate table that is based on the combined weight
of all items on the order. There are no additional charges for split shipments
on MSC stocking orders. This simplified table approach gives MSC the ability to
quote freight at the time of the order. Flat table charges are intended to
approximate MSC's average cost to process and ship a package of similar weight
characteristics. Shipping charges for non-stocking orders and premium shipping
services will be subject to the carrier's published rates plus an additional
handling charge of $3.99 per order. In some cases, shipping charges may be less
than or greater than MSC's actual cost to process and ship.
Carrier Surcharges: Carriers may impose surcharges, which vary by carrier and
may change at the carrier's discretion. MSC will pass on the surcharge.
Minimum Order: $25 (U.S. dollars). You will be charged the minimum $25 on any
order with a merchandise value of $25 or less.
Terms/Billing Options
Net 30 days on approved open accounts from date of invoice. In addition to open
accounts, we also accept cash, C.O.D. and most major credit cards. MSC has
multiple payment/billing options. MSC may charge a convenience fee for credit
card payments. MSC also offers an online ACH payment option which is free of
charge. If an open account customer fails to make full payment within thirty
(30) days from date of invoice, MSC may defer any further shipments or other
orders, or cancel any portion of an unshipped order. MSC further reserves the
right to charge interest on overdue invoices at the rate of 18% per annum (1.5%
monthly) or at the highest rate available under applicable law. It is understood
and agreed that customer will pay, to the extent permitted under law, all
reasonable costs and expenses, including attorney’s fees, collection agency fees
and court costs incurred by MSC in connection with any collection action for
payment of the amounts due herein.
MSC makes available certain payment processes through which you can provide
payment information to us when you pay for your order (our "Authorized Payment
Processes"). Examples of our Authorized Payment Processes include providing
payment information by telephone, through our website checkout page or using an
established Electronic Data Interchange (EDI). MSC has implemented physical,
technological and administrative safeguards intended to protect the information
that you provide using one of our Authorized Payment Processes. These safeguards
include, for example, encryption of Internet communications. If you do not use
an Authorized Payment Processes, and you submit payment information through some
other method (such as via email or fax), then the safeguards provided by our
Authorized Payment Processes will not protect your payment information, and you
provide such information at your own risk. MSC expressly disclaims all
responsibility regarding the collection, use and protection of information that
you do not submit through an Authorized Payment Process.
Delivery
Deliveries are made Monday through Friday, daytime hours only. Most orders are
shipped UPS. MSC also uses various carriers for different regions. Items that
are drop shipped directly from manufacturers may take longer, so items ordered
together may not always arrive in the same box or on the same day. Hazardous
materials require special handling, are not service level guaranteed and may be
subject to local, state and federal regulations which may delay or prohibit
shipments. Hazardous materials will not be shipped to Alaska or Hawaii or
exported outside of the contiguous United States. All orders to locations
outside of the State of California are shipped F.O.B. Origin from MSC's
distribution facility or manufacturer's facility for drop shipments, with title
and risk of loss passing to Customer on delivery to the common carrier or upon
Customer pickup. Unless Customer’s freight carriers are used, all orders to
locations within the State of California are shipped F.O.B. Destination, with
title and risk of loss passing to Customer on delivery to the specified Customer
location. Orders placed on Fridays (after your local cut-off time), weekends or
holidays will be shipped on the next regular business day. Any request for a UPS
proof of delivery shall be made by Customer to MSC within thirty (30) days of
the invoice's due date. Please check with your MSC sales representative for more
information at order time. See Warranties-Limited Liability.
Damaged or Lost Shipments
UPS, Fed-Ex Ground, other package carriers & Prepaid Truck Shipments (MSC
carrier): Check your order immediately upon arrival. All damages must be noted
on delivery receipt. All shortages and damages must be called into MSC
Industrial Supply at 1-800-645-7270 or e-mailed to customercare@mscdirect.com
within 7 calendar days.
Machinery Shipments: Call 800-331-1110 or e-mail mach_service@mscdirect.com. All
damaged containers and merchandise must be kept for inspection. If product was
damaged in transit, you must file a claim with the carrier.
Truck Shipment (when you select the carrier): Check your order immediately upon
arrival. All damages must be noted on delivery receipt. All damages and
shortages must be called in to the trucker you chose within 7 days. All damaged
containers and merchandise must be kept for your trucker to inspect. At that
time, you will file a claim with your trucker. Damaged Hazardous Materials must
be returned through the freight company prior to acceptance of delivery (See
Returns and Repairs Section).
Warranties
General Merchandise Warranty: Except as otherwise stated, the only warranties
applying to materials sold are those, if any, specifically provided by the
manufacturer to be honored by the manufacturer. Items marked Lifetime Warranty
are subject to manufacturer's warranty terms. EXCEPT AS SET FORTH HEREIN, MSC
MAKES NO WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED. MSC DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, WORKMANSHIP, QUALITY, DURABILITY, SUITABILITY, OR
NON-INFRINGEMENT INCLUDING WITHOUT LIMITATION IN THOSE INSTANCES WHERE CHANGES,
ALTERATIONS OR MODIFICATIONS ARE MADE IN MATERIALS AT THE REQUEST OR INSTRUCTION
OF THE CUSTOMER, AND THE CUSTOMER AGREES NOT TO CLAIM OR COMMENCE SUIT AGAINST
MSC BASED ON ANY SUCH DISCLAIMED WARRANTIES OR SUCH MANUFACTURER'S WARRANTIES.
OUR OBLIGATION IS LIMITED ONLY TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS
OR, AT OUR SOLE OPTION, TO REFUND THE PURCHASE PRICE. A full refund will be
given, subject to our Q.A. inspection, for any defective item returned to us and
received by us within 30 days of the date of shipment in its original packaging.
Exception: Phase converters in You-Build-It Kit form are final sale only.
Machinery Warranty: Motorized machinery purchased directly from MSC shall be
free from defects in material and workmanship for a period of 1 year from date
of shipment for mechanical and electrical components (or 2,000 operating hours,
whichever comes first, for CNC equipment). This warranty is void in the event a
static phase convertor is used to support the machine's operation. Parts found
to be defective in material and workmanship by MSC during the warranty period
shall be replaced or repaired at MSC's sole option. Any components on motorized
machinery found by MSC to be modified, altered, misused, abused or neglected
will void the MSC warranty. This warranty is exclusive and in lieu of any and
all other warranties whether written or oral, expressed or implied, including
but not limited to any warranty of merchantability and any warranty of fitness
for a particular purpose and any warranty of non-infringement. Parts not covered
by this warranty are normal wear or consumable parts such as (but not limited
to) belts, filters, greases and lubricants, batteries, lamps, brakes and blades.
This warranty is void outside of the U.S.
Manufacturer's Responsibility: The customer recognizes that MSC is a distributor
and not a manufacturer, fabricator or packager, and all applicable product
specifications, representations and warranties are solely those of the
fabricator, manufacturer or packager of the products sold. MSC's liability
hereunder for any claim of loss or damage of any kind whatsoever by the customer
arising from a breach of any such specifications, representations or warranties
by the manufacturer, fabricator or packager shall be limited to reimbursement of
the price paid for the specific item sold, and other than such reimbursement, as
between the customer and MSC, the customer's sole and exclusive recourse for
such loss or damage is to the manufacturer, fabricator or packager of the
products. Customer waives any right of set-off or cover under the Uniform
Commercial Code or otherwise.
Limited Liability: IN NO EVENT SHALL MSC BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, ARISING OUT OF THE PURCHASE, INCLUDING BUT NOT
LIMITED TO LOSS OF ANTICIPATED OPPORTUNITY OR PROFITS, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. MSC shall not be responsible for computer or
electronic interruptions, mechanical or electrical breakdowns, strikes, labor
slowdowns, war, terrorism, riots, severe weather conditions, natural disasters,
acts of God or any other forces beyond the reasonable control of MSC, LTL
shipments and other non-scheduled carriers, branch shipments (due to earlier
pickups), back ordered items, replacement orders, new accounts (first order),
orders requiring credit review, and supplier manufacturing deficiencies.
WARNING: MSC assumes no responsibility for how personal protective equipment
(PPE) items are used or their effectiveness. Each user is solely responsible for
the selection of appropriate PPE items for the setting and application. Before
use, the user and/or wearer must read and understand the user instructions
provided as a part of the product packaging for ensuring proper use. While use
of PPE may decrease the chance of exposure to the COVID-19 coronavirus, there is
no guarantee even with proper use that all risk of exposure will be eliminated.
For example, no matter how well a respirator seals to the face and how efficient
the filter media is, wearers should expect a small amount of leakage inside any
respirator. Except as expressly provided by the manufacturers, PPE items have
not been tested to determine their efficacy against viruses such as the COVID-19
coronavirus.
PPE PRODUCTS NOT INTENDED FOR MEDICAL USE: The PPE products distributed by MSC
are not intended to be used for medical purposes and are not intended for use by
healthcare professionals. Any use of PPE products distributed by MSC are limited
to non-medical use by non-clinical individuals.
Responsibility
The value of the defective product or material is our only liability. All
specifications and technical data have been supplied by the manufacturer and are
listed only as a convenience. We do not warrant or represent that the
merchandise complies with the provisions of any law, particularly the
Walsh-Healey Public Contracts Act, and the Occupational Safety and Health Act of
1970, and regulations promulgated thereunder, unless the manufacturer so
warrants.
Catalog Errors
Although all information in MSC Catalogs has been carefully checked for
accuracy, errors and omissions occasionally occur and therefore are subject to
correction. We regret any inconvenience.
Compliance with Laws
Some products may be obtained from multiple supply sources located throughout
the United States or internationally and shipped directly to the customer
without sending the item through MSC. Many states and localities have codes and
regulations governing sale, offering for sale, distribution, construction,
installation and use of products for certain purposes and/or containing certain
regulated substances, which may vary from those in neighboring areas. MSC relies
upon information provided by the supplier of these products to ensure they are
compliant with the laws of the jurisdiction into which the product is shipped.
The information provided by the supplier as to the ability of the product to be
sold or distributed in any particular jurisdiction is believed by MSC to be
accurate. MSC, however, shall not be responsible for how products are used or
installed or for the product's conformance to regional, state, or local codes or
regulations. MSC does not guarantee compliance with any law and assumes no
responsibility for how the items are used or installed. Without limiting the
foregoing, MSC shall not be liable for any use of the products that are
inconsistent with directions or instructions provided by MSC or the
manufacturer. Customer has the sole responsibility for compliance with all
applicable codes, regulations and laws and before purchase and use of the
product must review and ensure full compliance with such codes, regulations and
laws, in addition to any limitations or instructions provided by MSC or the
manufacturer, concerning the use or installation of the products.
Federal Government Flowdown Clauses
MSC primarily sells commercial items as defined in FAR 2.101. For orders which
reference a U.S. Government agency prime contract number, or are otherwise
identified as a U.S. Government subcontract, the following clauses as in effect
on the date of the order are hereby incorporated by reference into these Terms
and Conditions only to the extent that they are applicable and required to be
flowed down by FAR or DFARS prescription: (a) the clauses required to be flowed
down to subcontracts in FAR 52.212-5(e) when the Buyer’s government contract is
for commercial items/services or those required to be flowed down to
subcontracts in FAR 52.244-6 when the customer’s government contract is for
noncommercial items/services, and (b) for contracts with the Department of
Defense, the clauses required to be flowed down to subcontracts for commercial
items per DFARS 252.244-7000(a), except for DFARS 252.225-7009 - Restriction of
Acquisition of Certain Articles Containing Specialty Metals and DFARS
252.227-7013 - Rights in Technical Data--Noncommercial Items, which must be
separately negotiated if applicable. All other U.S. Government agency contract
provisions are rejected. Acceptance of additional government contract
provisions, including country of origin provisions, must be explicitly agreed
upon in writing by the MSC legal department. Acceptance of an order does not
constitute acceptance by MSC of any other government contract provision listed
on purchase order documents or customer terms and conditions. MSC rejects any
customer provision pertaining to most favored customer pricing. MSC requires its
suppliers to provide goods that conform to all design, performance and
production requirements, do not infringe on a third party’s intellectual
property rights, are new, authentic, and not counterfeit, and comply with all
applicable laws and regulations. Therefore, MSC specifically rejects any
customer counterfeit terms and conditions, and all such terms and conditions are
deemed not to apply. Except for technical data accompanying a product such as
instruction manuals that are included by the manufacturer, technical data is not
normally a deliverable for MSC. Technical data provisions must be separately
negotiated. MSC is a large business under FAR Part 19 and the rules of the Small
Business Administration. Customer warrants that in supplying products in
response to any government contract solicitation that has been set-aside for
small business, customer understands and will comply with the applicable rules.
Environmental & Safety
VOC (Volatile OrganicCompounds) Limits:
MSC may be prohibited from offering certain products due to restrictions or
requirements of various federal, state, local and other authorities having
jurisdiction in these matters. VOC restrictions may change without notice.
Customers should consult the regulations applicable to these products to ensure
compliance. MSC relies on the manufacturer regarding the VOC content of their
products and makes no representation or warranties regarding the information
provided by the manufacturer.
Ozone Depleting Substances (ODS)
MSC may be prohibited from selling certain products that contain chemicals
(hydrochlorofluorocarbons) to customers that are not commercial customers as
defined by regulations issued by the United States Environmental Protection
Agency (USEPA). As per the USEPA regulations, it is a violation of federal law
to sell, distribute, or offer to sell or distribute any chlorofluorocarbon or
aerosol hydrochlorofluorocarbon containing cleaning fluid for electronic and
photographic equipment to anyone who is not a commercial user of this product.
The penalty for violating this prohibition can be up to $25,000 per sale.
Individuals purchasing such products must present proof of their commercial
status in accordance with Title 40 of the CFR 82.68(a) or (c). ODS restrictions
may change without notice and customers should consult the ODS regulations and
are responsible for compliance with all the ODS regulations.
California Proposition 65
Some products may contain certain chemicals and, therefore, be subject to
warning requirements of California Proposition 65. Proposition 65 requires that
packages of products containing certain chemicals identified by the State of
California as causing cancer, birth defects or other reproductive harm contain
warnings. MSC relies on the manufacturer regarding the hazardous chemicals in
their products and makes no representations or warranties regarding the
information provided by the manufacturer.
Mercury Containing Products
Some products may contain mercury and may, therefore, be subject to federal,
state, or local regulations regarding their purchase, use, handling and/or
disposal. Customers should consult the regulations applicable to their
operations regarding these products. MSC relies on the manufacturer regarding
the mercury content of their products and makes no representations or warranties
regarding the information provided by the manufacturer.
Restrictions of Hazardous Substances (RoHS):
The European Union, China and South Korea have implemented legislation that
limits and requires disclosure that may prevent the sale of electronic products
or electronic equipment and their accessories when certain chemical substances
exceed threshold limits. MSC works with our suppliers to identify items that may
be impacted by this regulation as needed to meet with our customer’s requests
for this information.
Registration, Evaluation, Authorization and Restriction of Chemical Substances
(REACh)
is a European Union Regulation that requires companies to identify and manage
the risks linked to substances they manufacture and market in the EU. MSC works
with our suppliers to identify items that contain Substances of Very High
Concern (SVHC) as needed to meet with our customer’s requests for this
information.
Safety Data Sheet (SDS)
An SDS is a document that is required by the Occupational Safety and Health
Administration (OSHA) and provides specific Safety, Health and Environmental
information about a product deemed to be hazardous (e.g. Hazardous Ingredients,
Physical Hazards, Health Hazards, Safe Handling, Control Measures and more.)
Manufacturers or importers are required to produce SDSs and employers are
required to have them available for their staff as per OSHA's Hazard
Communication Standard 29 CFR. 1910.1200. MSC expressly relies on the evaluation
of the chemical manufacturer/importer contained therein. MSC provides SDSs when
required. An SDS will be provided for a product when: You order the product for
the first time, an updated SDS is received from the manufacturer/importer, or
you request another SDS. SDSs will be provided via the following means: (i)
accessing MSC's website (mscdirect.com), (ii) contacting your local sales office
(800-645-7270), (iii) using MSC's 24-hour toll-free number (866-910-0719) to
request an SDS by mail or facsimile, (iv) requesting an SDS when ordering a
product, or (v) contacting MSC in writing requesting an SDS.
Dangerous Goods/Hazardous Materials
* Lead: MSC may be prohibited from offering certain plumbing products intended
for use in conveying potable water due to restrictions or requirements of
various federal, state, local and other authorities that have prescribed lead
content restrictions for such products. These restrictions may change without
notice. Customers should consult the regulations applicable to these products
to ensure compliance. MSC relies on the manufacturer regarding the lead
content of their products and makes no representations or warranties
regarding the information provided by the manufacturer.
* Energy Efficiency: MSC may be prohibited from offering certain products that
do not meet federal, state, and/or local requirements for energy efficiency.
Energy efficiency requirements may change without notice. Customers should
consult the regulations applicable to these products to ensure compliance.
MSC relies on the manufacturer regarding the energy efficiency rating of its
products and makes no representations or warranties regarding the information
provided by the manufacturer.
* Handling and Disposal: Numerous federal, state, and local codes, regulations
and laws may apply to the disposal of products. Customer is solely
responsible for proper handling and disposal of purchased items and should
review and ensure compliance with all such codes, regulations and laws.
Returns & Repairs
Returns
Except as otherwise provided, no material will be accepted for return after 30
days from date of shipment. To return merchandise, you must call MSC at
800-645-7270 for a Return Authorization number. For machinery returns or
repairs, call MSC machinery service at 800-753-7995. No returns will be accepted
without a Return Authorization number. Include with your return a copy of your
invoice or packing slip. All merchandise must be returned in its original
packaging and condition. Any claims for discrepancies in shipment must be made
within 7 days of receipt of merchandise. C.O.D. returns will not be accepted.
Shipping charges for returned items must be prepaid. No return of altered or
etched items. A re-stocking charge may be applied. Customers are required to
inspect all hazardous materials deliveries prior to accepting the delivery.
Unaccepted hazardous materials can be returned to MSC through the freight
company that delivered the materials by not accepting the delivery. Once
hazardous materials or non-hazardous materials that can become hazardous waste
(e.g. broken fluorescent bulbs) are accepted for delivery, MSC is unable to take
these items back. Regulated Lithium batteries or cells, or products packed with
Lithium batteries and cells, can be returned but it is the customer’s
responsibility to comply with all applicable DOT ground shipping regulations.
MSC does not take title to returned products until the item is received at an
MSC Customer Fulfillment Center (CFC).
Computer Software
Unopened Software may be returned for credit. Opened Software will be replaced
only if defective.
Repairs
Please call our Technical Service Department at 800-645-7270 for the address and
phone number of the authorized service center nearest you.
Repair Service
Items left after 60 days of notification of repair will be disposed of.
Cut-to-Length Products
Because of the special nature of the products, we will be glad to cut products
to length per your specifications. We reserve the right to charge a service fee
for difficult or multiple cuts per item. Cut-to-length products, however, are
considered final sale, and may not be returned for credit.
Export Controls
MSC products and services, including user manuals and software, are subject to
U.S. export control laws, regulations and administrative policies. Customer
acknowledges that it is familiar with such laws and regulations and it agrees to
abide by them in all respects. Diversion of products and/or services contrary to
U.S. law is prohibited. Customer understands that a license, written approval or
other authorization may be required from the Bureau of Industry and Security of
the U.S. Department of Commerce, the Directorate of Defense Trade Controls of
the U.S. Department of State or other U.S. government agency prior to the export
or reexport of these items from the United States Guidance may be found at
http://www.bis.doc.gov or http://www.pmddtc.state.gov. Customer further
understands that it is unlawful to export, reexport or transfer, or to attempt
to export, reexport or transfer these items to individuals or entities on the
List of Debarred Parties, Denied Persons List, Specially Designated Nationals
List, Entity List, Unverified List or Nonproliferation Sanctions List, as well
as sales or transfers to Embargoed Countries (currently, Cuba, Iran, North
Korea, Syria and Sudan). It is the customer's responsibility to be aware of
these Lists and Embargoes. These Lists may be accessed at
http://export.gov/ecr/eg_main_023148.asp.
Important Notice to Federal Customers re: Country of Origin.
While MSC products listed on GSA Advantage meet the requirements of the Trade
Agreements Act (“TAA”), as implemented by Federal Acquisition Regulations Part
25, other products sold by MSC may not meet the requirements. At the time of
purchase, MSC will advise properly identified and authorized schedule customers
if a product is “TAA-compliant.” Any federal customer purchasing a non-TAA item
will be making an “open market” purchase that is not covered by any contract.
Federal customers are advised that the open market purchases are NOT GSA
schedule purchases. By purchasing any product on the open market, the federal
customer represents that it has authority to make such purchase and has complied
with all applicable procurement regulations.
Important Country of Origin Information.
For certain items sold by MSC on its websites, the displayed country of origin
information may not be accurate or consistent with manufacturer information. For
updated, accurate country of origin data, it is recommended that you rely on
product packaging or manufacturer information
Provisions
Security Interest
Customer hereby grants to MSC a first priority 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 MSC.
Independent Contractors
MSC and Customer are independent contractors and not principal and agent.
Nothing contained in these terms and conditions shall be construed to create a
partnership, dealership, reseller, agency, employment or joint venture
relationship. Customer will not have the right to bind or otherwise obligate MSC
in any manner, nor will Customer represent to anyone that it has the right to do
so.
Assignment
Customer shall not assign any order, or any interest therein, without the prior
written consent of MSC. Any actual or attempted assignment without MSC's prior
written consent shall entitle MSC to cancel such order upon notice to Customer.
MSC may assign any rights to receive any payments from Customer without
obtaining the approval of Customer, and Customer shall honor such assignment(s)
and directly pay the assignee of such assignment(s).
Electronic Commerce
If MSC and Customer mutually agree to use an Electronic Data Interchange ("EDI")
system to facilitate purchase and sale transactions, Customer agrees that it
will not contest: (i) any contract of sale resulting from an EDI transaction
under the provisions of any law relating to whether agreements must be in
writing or signed by the party to be bound thereby; or (ii) the admissibility of
copies of EDI records under the business records exception to the hearsay rule,
the best evidence rule or any other similar rule, on the basis that such records
were not originated or maintained in documentary form. MSC and Customer will
negotiate and agree on technical standards and methods to use in making EDI
purchases, and will use reasonable security procedures to protect EDI records
from improper access. In the event of a conflict, the business records
maintained by MSC regarding EDI purchases made by Customer shall be deemed to be
conclusive.
Intellectual Property
Customer shall have no right to copy or use any of the intellectual property of
MSC or its suppliers without MSC's permission. All materials contained in MSC
Catalogs and MSC's website are subject to the ownership rights of MSC and its
suppliers.
MSC's Performance of Service
In conjunction with Customer's purchase of product, MSC may perform certain
services for Customer on Customer's premises such as delivering, ordering,
performing inventory management, or putting-away product as well as services
relating to optimizing Customer’s metalworking equipment and processes
(collectively, the "Services"). Customer will hold harmless and indemnify MSC,
its officers, directors, employees, agents, subcontractors or representatives
from and against any and all claims, including bodily injury, death, or damage
to personal property, and all other losses, liabilities, obligations, demands,
actions and expenses, whether direct or indirect, known or unknown, absolute or
contingent, incurred by MSC related to the performance of Services for Customer
(including without limitation, settlement costs, attorneys' fees, and any and
all other expenses for defending any actions or threatened actions) arising out
of, in whole or in part, any act or omission of Customer, its employees, agents,
subcontractors or representatives. MSC may use and disclose non-Customer
identifiable and non-personally identifiable data collected and created in the
course of performing such services for purposes of aggregated analysis and other
business purposes. Waiver: No failure by either party to take any action or
assert any right hereunder will be deemed to be a waiver of such right in the
event of the continuation or repetition of the circumstances giving rise to such
right.
Third-Party Software and Services
MSC may make available to customers certain third-party software or services,
including, for example, Web-based software and consulting services (“Third-Party
Services”). Except as otherwise specifically agreed by MSC in a separate written
agreement, any acquisition by customers of such Third-Party Services is solely
between each customer and the applicable third-party provider. Customer
acknowledges and agrees that: (1) MSC shall have no performance obligation with
respect to such Third-Party Services; (2) MSC does not warrant or provide
support for such Third-Party Services; and (3) MSC shall have no liability
relating to such Third-Party Services, whether or not they are designated by MSC
as “certified” or otherwise, unless expressly provided otherwise in a separate
written agreement.
Duplicate "Big Book®" & Sales Flyers
If you are receiving duplicate MSC Catalogs, please call our toll-free number
and indicate which name(s) you would like us to delete. Thanks for helping us
cut waste.
Controlling Law & Venue
The provisions of the Uniform Commercial Code, as adopted in New York, shall
apply (except as expressly modified hereby) with no application of the United
Nations Convention on Contracts for the International Sale of Goods. All
transactions shall be governed by the laws of the State of New York, without
regard to any conflict of law principles that would require the application of
the laws of any other jurisdiction, and venue shall be in Suffolk County, State
of New York.
Next Day Delivery Upgrade
MSC will upgrade qualifying orders to Next Day Air Saver at the customer's
request (additional charges may apply). The Next Day Delivery upgrade only
applies to standard UPS Ground shipping orders, and does not apply to orders
shipped via Freight Saver shipping method. Qualifying orders will be delivered
on the next regular business day, or on a weekend day for an additional charge.
The upgrade will apply if: (i) the order is received by MSC at one of its
customer fulfillment centers (CFCs) before the applicable cut-off time on an
operating business day; (ii) the item is a national catalog item; (iii) the
order is 20 pounds or less and is not too large to ship by air; (iv) the order
cannot be delivered to the customer next day through our Ground Network; and (v)
the exclusions described below do not apply.
Exclusions
Neither the Same Day Shipping Guarantee nor the Next Day Air Saver Upgrade
cover: (i) orders to non-qualified customers or those outside of the continental
U.S.; (ii) orders for items that are not in stock; (iii) orders for hazardous
materials, machinery or items that require customized lengths, set-up or special
packaging; (iv) circumstances beyond MSC's control (for example, computer or
electronic interruptions, strikes, natural disasters, severe weather conditions,
war or supplier manufacturing deficiencies); (v) Freight Saver shipments; (vi)
"less-than-truckload" (LTL) shipments, orders shipped by non-scheduled carriers,
shipments from branch locations, replacement orders, vendor-managed inventory
(VMI) orders, first orders for new accounts, direct ship items, or orders
requiring credit review; or (vii) orders awaiting the customer's acknowledgement
of California Proposition 65 notices provided by MSC.
Note:
Hazardous materials require special handling. Any item containing such materials
may be subject to local, state and federal regulations which may delay or
prohibit shipments. MSC makes no service level guarantees regarding such items.
See Terms and Conditions-Warranties-Limited Liability.
products distributed by MSC are not intended to be used for medical purposes and
are not intended for use by healthcare professionals. Any use of PPE products
distributed by MSC are limited to non-medical use by non-clinical individuals.
Responsibility
The value of the defective product or material is our only liability. All
specifications and technical data have been supplied by the manufacturer and are
listed only as a convenience. We do not warrant or represent that the
merchandise complies with the provisions of any law, particularly the
Walsh-Healey Public Contracts Act, and the Occupational Safety and Health Act of
1970, and regulations promulgated thereunder, unless the manufacturer so
warrants.
Catalog Errors
Although all information in MSC Catalogs has been carefully checked for
accuracy, errors and omissions occasionally occur and therefore are subject to
correction. We regret any inconvenience.
Compliance with Laws
Some products may be obtained from multiple supply sources located throughout
the United States or internationally and shipped directly to the customer
without sending the item through MSC. Many states and localities have codes and
regulations governing sale, offering for sale, distribution, construction,
installation and use of products for certain purposes and/or containing certain
regulated substances, which may vary from those in neighboring areas. MSC relies
upon information provided by the supplier of these products to ensure they are
compliant with the laws of the jurisdiction into which the product is shipped.
The information provided by the supplier as to the ability of the product to be
sold or distributed in any particular jurisdiction is believed by MSC to be
accurate. MSC, however, shall not be responsible for how products are used or
installed or for the product's conformance to regional, state, or local codes or
regulations. MSC does not guarantee compliance with any law and assumes no
responsibility for how the items are used or installed. Without limiting the
foregoing, MSC shall not be liable for any use of the products that are
inconsistent with directions or instructions provided by MSC or the
manufacturer. Customer has the sole responsibility for compliance with all
applicable codes, regulations and laws and before purchase and use of the
product must review and ensure full compliance with such codes, regulations and
laws, in addition to any limitations or instructions provided by MSC or the
manufacturer, concerning the use or installation of the products.
Federal Government Flowdown Clauses
MSC primarily sells commercial items as defined in FAR 2.101. For orders which
reference a U.S. Government agency prime contract number, or are otherwise
identified as a U.S. Government subcontract, the following clauses as in effect
on the date of the order are hereby incorporated by reference into these Terms
and Conditions only to the extent that they are applicable and required to be
flowed down by FAR or DFARS prescription: (a) the clauses required to be flowed
down to subcontracts in FAR 52.212-5(e) when the Buyer’s government contract is
for commercial items/services or those required to be flowed down to
subcontracts in FAR 52.244-6 when the customer’s government contract is for
noncommercial items/services, and (b) for contracts with the Department of
Defense, the clauses required to be flowed down to subcontracts for commercial
items per DFARS 252.244-7000(a), except for DFARS 252.225-7009 - Restriction of
Acquisition of Certain Articles Containing Specialty Metals and DFARS
252.227-7013 - Rights in Technical Data--Noncommercial Items, which must be
separately negotiated if applicable. All other U.S. Government agency contract
provisions are rejected. Acceptance of additional government contract
provisions, including country of origin provisions, must be explicitly agreed
upon in writing by the MSC legal department. Acceptance of an order does not
constitute acceptance by MSC of any other government contract provision listed
on purchase order documents or customer terms and conditions. MSC rejects any
customer provision pertaining to most favored customer pricing. MSC requires its
suppliers to provide goods that conform to all design, performance and
production requirements, do not infringe on a third party’s intellectual
property rights, are new, authentic, and not counterfeit, and comply with all
applicable laws and regulations. Therefore, MSC specifically rejects any
customer counterfeit terms and conditions, and all such terms and conditions are
deemed not to apply. Except for technical data accompanying a product such as
instruction manuals that are included by the manufacturer, technical data is not
normally a deliverable for MSC. Technical data provisions must be separately
negotiated. MSC is a large business under FAR Part 19 and the rules of the Small
Business Administration. Customer warrants that in supplying products in
response to any government contract solicitation that has been set-aside for
small business, customer understands and will comply with the applicable rules.
Environmental & Safety
VOC (Volatile OrganicCompounds) Limits:
MSC may be prohibited from offering certain products due to restrictions or
requirements of various federal, state, local and other authorities having
jurisdiction in these matters. VOC restrictions may change without notice.
Customers should consult the regulations applicable to these products to ensure
compliance. MSC relies on the manufacturer regarding the VOC content of their
products and makes no representation or warranties regarding the information
provided by the manufacturer.
Ozone Depleting Substances (ODS)
MSC may be prohibited from selling certain products that contain chemicals
(hydrochlorofluorocarbons) to customers that are not commercial customers as
defined by regulations issued by the United States Environmental Protection
Agency (USEPA). As per the USEPA regulations, it is a violation of federal law
to sell, distribute, or offer to sell or distribute any chlorofluorocarbon or
aerosol hydrochlorofluorocarbon containing cleaning fluid for electronic and
photographic equipment to anyone who is not a commercial user of this product.
The penalty for violating this prohibition can be up to $25,000 per sale.
Individuals purchasing such products must present proof of their commercial
status in accordance with Title 40 of the CFR 82.68(a) or (c). ODS restrictions
may change without notice and customers should consult the ODS regulations and
are responsible for compliance with all the ODS regulations.
California Proposition 65
Some products may contain certain chemicals and, therefore, be subject to
warning requirements of California Proposition 65. Proposition 65 requires that
packages of products containing certain chemicals identified by the State of
California as causing cancer, birth defects or other reproductive harm contain
warnings. MSC relies on the manufacturer regarding the hazardous chemicals in
their products and makes no representations or warranties regarding the
information provided by the manufacturer.
Mercury Containing Products
Some products may contain mercury and may, therefore, be subject to federal,
state, or local regulations regarding their purchase, use, handling and/or
disposal. Customers should consult the regulations applicable to their
operations regarding these products. MSC relies on the manufacturer regarding
the mercury content of their products and makes no representations or warranties
regarding the information provided by the manufacturer.
Restrictions of Hazardous Substances (RoHS):
The European Union, China and South Korea have implemented legislation that
limits and requires disclosure that may prevent the sale of electronic products
or electronic equipment and their accessories when certain chemical substances
exceed threshold limits. MSC works with our suppliers to identify items that may
be impacted by this regulation as needed to meet with our customer’s requests
for this information.
Registration, Evaluation, Authorization and Restriction of Chemical Substances
(REACh)
is a European Union Regulation that requires companies to identify and manage
the risks linked to substances they manufacture and market in the EU. MSC works
with our suppliers to identify items that contain Substances of Very High
Concern (SVHC) as needed to meet with our customer’s requests for this
information.
Safety Data Sheet (SDS)
An SDS is a document that is required by the Occupational Safety and Health
Administration (OSHA) and provides specific Safety, Health and Environmental
information about a product deemed to be hazardous (e.g. Hazardous Ingredients,
Physical Hazards, Health Hazards, Safe Handling, Control Measures and more.)
Manufacturers or importers are required to produce SDSs and employers are
required to have them available for their staff as per OSHA's Hazard
Communication Standard 29 CFR. 1910.1200. MSC expressly relies on the evaluation
of the chemical manufacturer/importer contained therein. MSC provides SDSs when
required. An SDS will be provided for a product when: You order the product for
the first time, an updated SDS is received from the manufacturer/importer, or
you request another SDS. SDSs will be provided via the following means: (i)
accessing MSC's website (mscdirect.com), (ii) contacting your local sales office
(800-645-7270), (iii) using MSC's 24-hour toll-free number (866-910-0719) to
request an SDS by mail or facsimile, (iv) requesting an SDS when ordering a
product, or (v) contacting MSC in writing requesting an SDS.
Dangerous Goods/Hazardous Materials
* Lead: MSC may be prohibited from offering certain plumbing products intended
for use in conveying potable water due to restrictions or requirements of
various federal, state, local and other authorities that have prescribed lead
content restrictions for such products. These restrictions may change without
notice. Customers should consult the regulations applicable to these products
to ensure compliance. MSC relies on the manufacturer regarding the lead
content of their products and makes no representations or warranties
regarding the information provided by the manufacturer.
* Energy Efficiency: MSC may be prohibited from offering certain products that
do not meet federal, state, and/or local requirements for energy efficiency.
Energy efficiency requirements may change without notice. Customers should
consult the regulations applicable to these products to ensure compliance.
MSC relies on the manufacturer regarding the energy efficiency rating of its
products and makes no representations or warranties regarding the information
provided by the manufacturer.
* Handling and Disposal: Numerous federal, state, and local codes, regulations
and laws may apply to the disposal of products. Customer is solely
responsible for proper handling and disposal of purchased items and should
review and ensure compliance with all such codes, regulations and laws.
Returns & Repairs
Returns
Except as otherwise provided, no material will be accepted for return after 30
days from date of shipment. To return merchandise, you must call MSC at
800-645-7270 for a Return Authorization number. For machinery returns or
repairs, call MSC machinery service at 800-753-7995. No returns will be accepted
without a Return Authorization number. Include with your return a copy of your
invoice or packing slip. All merchandise must be returned in its original
packaging and condition. Any claims for discrepancies in shipment must be made
within 7 days of receipt of merchandise. C.O.D. returns will not be accepted.
Shipping charges for returned items must be prepaid. No return of altered or
etched items. A re-stocking charge may be applied. Customers are required to
inspect all hazardous materials deliveries prior to accepting the delivery.
Unaccepted hazardous materials can be returned to MSC through the freight
company that delivered the materials by not accepting the delivery. Once
hazardous materials or non-hazardous materials that can become hazardous waste
(e.g. broken fluorescent bulbs) are accepted for delivery, MSC is unable to take
these items back. Regulated Lithium batteries or cells, or products packed with
Lithium batteries and cells, can be returned but it is the customer’s
responsibility to comply with all applicable DOT ground shipping regulations.
MSC does not take title to returned products until the item is received at an
MSC Customer Fulfillment Center (CFC).
Computer Software
Unopened Software may be returned for credit. Opened Software will be replaced
only if defective.
Repairs
Please call our Technical Service Department at 800-645-7270 for the address and
phone number of the authorized service center nearest you.
Repair Service
Items left after 60 days of notification of repair will be disposed of.
Cut-to-Length Products
Because of the special nature of the products, we will be glad to cut products
to length per your specifications. We reserve the right to charge a service fee
for difficult or multiple cuts per item. Cut-to-length products, however, are
considered final sale, and may not be returned for credit.
Export Controls
MSC products and services, including user manuals and software, are subject to
U.S. export control laws, regulations and administrative policies. Customer
acknowledges that it is familiar with such laws and regulations and it agrees to
abide by them in all respects. Diversion of products and/or services contrary to
U.S. law is prohibited. Customer understands that a license, written approval or
other authorization may be required from the Bureau of Industry and Security of
the U.S. Department of Commerce, the Directorate of Defense Trade Controls of
the U.S. Department of State or other U.S. government agency prior to the export
or reexport of these items from the United States Guidance may be found at
http://www.bis.doc.gov or http://www.pmddtc.state.gov. Customer further
understands that it is unlawful to export, reexport or transfer, or to attempt
to export, reexport or transfer these items to individuals or entities on the
List of Debarred Parties, Denied Persons List, Specially Designated Nationals
List, Entity List, Unverified List or Nonproliferation Sanctions List, as well
as sales or transfers to Embargoed Countries (currently, Cuba, Iran, North
Korea, Syria and Sudan). It is the customer's responsibility to be aware of
these Lists and Embargoes. These Lists may be accessed at
http://export.gov/ecr/eg_main_023148.asp.
Important Notice to Federal Customers re: Country of Origin.
While MSC products listed on GSA Advantage meet the requirements of the Trade
Agreements Act (“TAA”), as implemented by Federal Acquisition Regulations Part
25, other products sold by MSC may not meet the requirements. At the time of
purchase, MSC will advise properly identified and authorized schedule customers
if a product is “TAA-compliant.” Any federal customer purchasing a non-TAA item
will be making an “open market” purchase that is not covered by any contract.
Federal customers are advised that the open market purchases are NOT GSA
schedule purchases. By purchasing any product on the open market, the federal
customer represents that it has authority to make such purchase and has complied
with all applicable procurement regulations.
Important Country of Origin Information.
For certain items sold by MSC on its websites, the displayed country of origin
information may not be accurate or consistent with manufacturer information. For
updated, accurate country of origin data, it is recommended that you rely on
product packaging or manufacturer information
Provisions
Security Interest
Customer hereby grants to MSC a first priority 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 MSC.
Independent Contractors
MSC and Customer are independent contractors and not principal and agent.
Nothing contained in these terms and conditions shall be construed to create a
partnership, dealership, reseller, agency, employment or joint venture
relationship. Customer will not have the right to bind or otherwise obligate MSC
in any manner, nor will Customer represent to anyone that it has the right to do
so.
Assignment
Customer shall not assign any order, or any interest therein, without the prior
written consent of MSC. Any actual or attempted assignment without MSC's prior
written consent shall entitle MSC to cancel such order upon notice to Customer.
MSC may assign any rights to receive any payments from Customer without
obtaining the approval of Customer, and Customer shall honor such assignment(s)
and directly pay the assignee of such assignment(s).
Electronic Commerce
If MSC and Customer mutually agree to use an Electronic Data Interchange ("EDI")
system to facilitate purchase and sale transactions, Customer agrees that it
will not contest: (i) any contract of sale resulting from an EDI transaction
under the provisions of any law relating to whether agreements must be in
writing or signed by the party to be bound thereby; or (ii) the admissibility of
copies of EDI records under the business records exception to the hearsay rule,
the best evidence rule or any other similar rule, on the basis that such records
were not originated or maintained in documentary form. MSC and Customer will
negotiate and agree on technical standards and methods to use in making EDI
purchases, and will use reasonable security procedures to protect EDI records
from improper access. In the event of a conflict, the business records
maintained by MSC regarding EDI purchases made by Customer shall be deemed to be
conclusive.
Intellectual Property
Customer shall have no right to copy or use any of the intellectual property of
MSC or its suppliers without MSC's permission. All materials contained in MSC
Catalogs and MSC's website are subject to the ownership rights of MSC and its
suppliers.
MSC's Performance of Service
In conjunction with Customer's purchase of product, MSC may perform certain
services for Customer on Customer's premises such as delivering, ordering,
performing inventory management, or putting-away product as well as services
relating to optimizing Customer’s metalworking equipment and processes
(collectively, the "Services"). Customer will hold harmless and indemnify MSC,
its officers, directors, employees, agents, subcontractors or representatives
from and against any and all claims, including bodily injury, death, or damage
to personal property, and all other losses, liabilities, obligations, demands,
actions and expenses, whether direct or indirect, known or unknown, absolute or
contingent, incurred by MSC related to the performance of Services for Customer
(including without limitation, settlement costs, attorneys' fees, and any and
all other expenses for defending any actions or threatened actions) arising out
of, in whole or in part, any act or omission of Customer, its employees, agents,
subcontractors or representatives. MSC may use and disclose non-Customer
identifiable and non-personally identifiable data collected and created in the
course of performing such services for purposes of aggregated analysis and other
business purposes. Waiver: No failure by either party to take any action or
assert any right hereunder will be deemed to be a waiver of such right in the
event of the continuation or repetition of the circumstances giving rise to such
right.
Third-Party Software and Services
MSC may make available to customers certain third-party software or services,
including, for example, Web-based software and consulting services (“Third-Party
Services”). Except as otherwise specifically agreed by MSC in a separate written
agreement, any acquisition by customers of such Third-Party Services is solely
between each customer and the applicable third-party provider. Customer
acknowledges and agrees that: (1) MSC shall have no performance obligation with
respect to such Third-Party Services; (2) MSC does not warrant or provide
support for such Third-Party Services; and (3) MSC shall have no liability
relating to such Third-Party Services, whether or not they are designated by MSC
as “certified” or otherwise, unless expressly provided otherwise in a separate
written agreement.
Duplicate "Big Book®" & Sales Flyers
If you are receiving duplicate MSC Catalogs, please call our toll-free number
and indicate which name(s) you would like us to delete. Thanks for helping us
cut waste.
Controlling Law & Venue
The provisions of the Uniform Commercial Code, as adopted in New York, shall
apply (except as expressly modified hereby) with no application of the United
Nations Convention on Contracts for the International Sale of Goods. All
transactions shall be governed by the laws of the State of New York, without
regard to any conflict of law principles that would require the application of
the laws of any other jurisdiction, and venue shall be in Suffolk County, State
of New York.
Next Day Delivery Upgrade
MSC will upgrade qualifying orders to Next Day Air Saver at the customer's
request (additional charges may apply). The Next Day Delivery upgrade only
applies to standard UPS Ground shipping orders, and does not apply to orders
shipped via Freight Saver shipping method. Qualifying orders will be delivered
on the next regular business day, or on a weekend day for an additional charge.
The upgrade will apply if: (i) the order is received by MSC at one of its
customer fulfillment centers (CFCs) before the applicable cut-off time on an
operating business day; (ii) the item is a national catalog item; (iii) the
order is 20 pounds or less and is not too large to ship by air; (iv) the order
cannot be delivered to the customer next day through our Ground Network; and (v)
the exclusions described below do not apply.
Exclusions
Neither the Same Day Shipping Guarantee nor the Next Day Air Saver Upgrade
cover: (i) orders to non-qualified customers or those outside of the continental
U.S.; (ii) orders for items that are not in stock; (iii) orders for hazardous
materials, machinery or items that require customized lengths, set-up or special
packaging; (iv) circumstances beyond MSC's control (for example, computer or
electronic interruptions, strikes, natural disasters, severe weather conditions,
war or supplier manufacturing deficiencies); (v) Freight Saver shipments; (vi)
"less-than-truckload" (LTL) shipments, orders shipped by non-scheduled carriers,
shipments from branch locations, replacement orders, vendor-managed inventory
(VMI) orders, first orders for new accounts, direct ship items, or orders
requiring credit review; or (vii) orders awaiting the customer's acknowledgement
of California Proposition 65 notices provided by MSC.
Note:
Hazardous materials require special handling. Any item containing such materials
may be subject to local, state and federal regulations which may delay or
prohibit shipments. MSC makes no service level guarantees regarding such items.
See Terms and Conditions-Warranties-Limited Liability.
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