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 3. TERMS CONDITIONS


TERMS & CONDITIONS

 * TERMS AND CONDITIONS OF SALE
 * Limitation of Liability
 * Force Majeure
 * Prices; Typographical Errors
 * Order Acceptance Policy
 * Truck Shipment Terms
 * Warranty Limitations
 * Payment Terms
 * Aircraft Products
 * Shipping Charges/Taxes/Delivery
 * Title/Risk of Loss
 * Components
 * Product Disclaimers
 * Special Order Items
 * Credit
 * Important Notice to Government Customers and Contractors
 * Important Country of Origin Information
 * Safety Data Sheet (SDS)
 * California Proposition 65 and Other Warnings
 * Export Sales
 * Amendments/Applicable Law
 * User Generated Content Policy
 * Return Policy
 * Flat Rate Parcel Standard Shipping
 * Mobile Messaging Terms and Conditions
 * TERMS AND CONDITIONS OF USE

TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale for Products (“Sales Terms”) apply to
the sale of products (“products”) by Global Equipment Company Inc. DBA Global
Industrial ("Global") to customer (“you” or “Customer”). Global’s offer to sell
products to Customer, and Global’s acknowledgment of any purchase order or other
Customer document (“Order”) is expressly limited to, and expressly conditioned
on Customer’s acceptance of these Sales Terms. The applicability of terms
contained in Customer’s Order is limited to the identification and the quantity
of products ordered. Unless agreed to by Customer and Global in a separate
written contract, Global objects to and rejects all other Customer terms, in any
form, that are different from or additional to these Sales Terms.

Limitation of Liability

In no event shall Global or any of its subsidiaries or affiliates be liable for
any indirect, special, incidental, punitive or consequential damages including
but not limited to loss of use, loss of data, loss of business or loss of
profits to the extent permitted by law. In the event of any issue with a product
that you have purchased through Global, you agree that your sole remedy, if any,
is from the manufacturer of such product, in accordance with such manufacturer's
warranty, or to seek a return and refund for such product in accordance with
Global's return policy.

Force Majeure

Global shall not be liable for any delay in, or impairment of, performance
resulting in whole or in part from any force majeure event, including but not
limited to acts of God, labor disruptions, acts of war, acts of terrorism
(whether actual or threatened), governmental decrees or controls, insurrections,
epidemics, pandemics, quarantines, shortages, communication or power failures,
fires, accidents, explosions, inability or delays in procuring or shipping
product or obtaining permits and licenses, inability in procuring supplies or
raw materials, severe weather conditions, catastrophic events, or any other
circumstance or cause beyond the reasonable control of Global in the conduct of
its business.

Prices; Typographical Errors

Prices are subject to change without notice. Global is not responsible for
typographical errors. In the event a product is listed at an incorrect or
outdated price or with incorrect information due to typographical error or error
in pricing or product information received from our suppliers or due to the
passage of time or change in market conditions, Global shall have the right to
refuse or cancel any orders placed for product listed at the incorrect or
outdated price. Global shall have the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase and your order is
canceled, Global shall promptly issue a credit to your credit card account in
the amount of the charge.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute confirmation of our
offer to sell. Global reserves the right at any time after receipt of your order
and prior to shipment, without prior notice to you, to supply less than the
quantity you ordered and/or change the estimated delivery date and/or decline or
cancel your order. Orders are subject to the priorities under the Defense
Production Act.

Truck Shipment Terms

This order contains shipments that must ship via truck. The quoted shipping
charges are for standard truck shipment to a dock designated to receive freight.
Someone must be present to receive truck shipments. Shipments that require a
call prior to delivery/24-hour notification, lift gate, inside delivery and/or
residential delivery will incur additional charges.

Warranty Limitations

The only warranties applying to products sold are those, if any, specifically
provided by the manufacturer to be honored by the manufacturer. You acknowledge
and agree that Global is a distributor and not a manufacturer, and all
applicable product specifications, representations and warranties are solely
those of the manufacturer of the product sold. Global makes no warranties,
express or implied, and disclaims all other warranties, including without
limitation implied warranties of merchantability, fitness for a particular
purpose and conformity to models or samples. Some states do not allow
limitations on implied warranties so these limitations may not apply to you.
Manufacturers' warranties for exported products may vary or may be null and void
for products exported or transported outside the United States.

Payment Terms

Terms of payment are within Global's sole discretion, and unless otherwise
agreed to by Global, payment must be received by Global prior to Global's
acceptance of an order. Payment for the products will be made by credit card,
wire transfer, or ACH unless credit terms have been agreed to by Global.
Invoices are due and payable within the time period noted on the invoice,
measured from the date of the invoice. Global may invoice parts of an order
separately. Orders are not binding upon Global until accepted by Global. Any
quotations given by Global will be valid for the period stated on the quotation.
Customer agrees to pay interest on all past-due sums at the highest rate allowed
by law.

Aircraft Products

Global does not sell products intended to be used as Aircraft Products. Global
shall not be responsible to Customer or any third party, including any customer
of Customer, or liable for any liability, damage, loss, injury, demand, claim or
suit that directly or indirectly arises out of or allegedly arises out of use of
or is attributable or due to the products we sell being used by Customers or
third parties as Aircraft Products. "Aircraft Products" means (i) aircraft,
missiles or spacecraft and any ground support or control equipment used in
connection with aircraft, missiles or spacecraft; (ii) products installed in or
used in connection with aircraft, missiles or spacecraft, including spare parts,
ground handling tools and equipment; (iii) training aids, instructions, manuals,
blueprints, engineering or other advice; and (iv) any services and labor related
to any of the above. Customer warrants that it shall not use or install or offer
for sale an item purchased from Global as an Aircraft Product. In addition,
Customer shall not sell to any of its direct or indirect customers, any item
purchased from Global which its customer intends to use as an Aircraft Product
and shall advise its customers in writing of such prohibition.

Shipping Charges/Taxes/Delivery

Separate charges for shipping and handling will be shown on Global's invoice(s).
You are responsible for all applicable sales and other taxes associated with the
order. If applicable, a separate charge for taxes will be shown on Global's
invoice. Delivery dates are approximate and products may be placed on backorder
at Global’s discretion. Where product availability is limited for any reason,
Global may fill orders or otherwise allocate products in any manner it deems
appropriate, including as required by the Defense Production Act. Under no
circumstances will Global be liable for failure to ship, delay in delivery, or
for Customer’s failure to receive products by a certain date.

Title/Risk of Loss

Title to products and risk of loss passes from Global to you upon delivery to
the carrier.

Components

Unless you are purchasing a remanufactured product, the product you purchase
contains components that are new or equivalent to new in accordance with
industry standards.

Product Disclaimers

Product specifications may reflect accepted industry terminology and standards
that could vary from commonplace meanings or may reflect the manufacturers best
estimates of power, capacity and other usage capabilities and limitations or may
reflect the capabilities of a product only under specific circumstances. Product
specifications are not independently tested by Global in every circumstance.
Parameters provided in datasheets and/or specifications may vary in different
applications and performance may vary over time. Product specifications do not
expand or otherwise modify these Sales Terms, including but not limited to the
warranty. Our products are not designed for use in medical, life-saving, or
life-sustaining applications or for any other application in which the failure
of the product could result in personal injury or death.

Special Order Items

Once you place an order for custom-cut, customer built or special order items
(such as matting, slings, cranes, prefab offices, buildings, mezzanines,
assembled lockers and regularly stocked items such as generators, pressure
washers, water and trash pumps, snow throwers, radio headsets, striping paint,
line stripers, floor care machines, vacuums, custom fabric chairs, forklifts)
your order is considered non-cancelable and any custom-cut, customer built or
special order items purchased by you are also non-returnable.

Credit

All orders must be approved by Global's Credit Department. Placement or
acceptance of an order does not constitute the opening of an account on credit
terms. Accounts placed on credit hold will not be authorized to receive product
until their account is current and in good standing. Global reserves the right
to require payment for any shipment hereunder in advance or, in the alternative,
satisfactory security for such order if the financial performance or credit
worthiness of Customer is unsatisfactory to Global. Such security includes, but
is not limited to, execution by Customer of a Corporate Guaranty. If Customer
fails to make payment in accordance with these terms and conditions of sale or
otherwise fails to comply with any provision hereof, Global may, at its option
(and in addition to any other remedies available to Global at law or in equity),
cancel any unshipped portion of Customer’s order. Notwithstanding the above,
Customer shall remain liable for all of its unpaid accounts. Customer shall not
transfer or assign the account(s) relationship(s) created by the extension of
credit by Global to any third party without Global’s prior written consent.

Important Notice to Government Customers and Contractors

Acceptance of and agreement to any government contract regulations, specifically
including, but not limited to, any country of origin requirements; FAR
52.223-99, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors
(OCT 2021)(DEVIATION); and DFARS 252.223-7999, Ensuring Adequate COVID-19 Safety
Protocols for Federal Contractors (Deviation 2021-O0009), must be explicitly
agreed to in writing by an authorized representative of Global prior to
purchase. Any government Customer purchasing a product from Global will be
making an "open market" purchase. Federal government Customers are advised that
open market purchases are NOT GSA schedule purchases. By purchasing any product
on the open market, the government Customer represents that it has authority to
make such purchase and has complied with all applicable procurement regulations.
Government Customers are further advised that compliance with the Buy American
Act, Free Trade Agreements Act, Trade Agreements Act, or the like, is not
guaranteed by Global. It is the government Customer’s obligation to specifically
advise Global in writing of any product origin requirements and for the Customer
to confirm that the product complies with its needs at the time of ordering.

Important Country of Origin Information

Country of origin information can change and what is displayed on
globalindustrial.com or in the catalog may not be accurate or consistent with
manufacturer information at the time of order or shipment. For updated, accurate
country of origin data, it is recommended that you rely on product packaging or
manufacturer information. With regard to product kits, country of origin may be
undetermined as such kits contain multiple parts.

Safety Data Sheet (SDS)

The Hazard Communication Standard (29 CFR 1910.1200(g)) requires that the
chemical manufacturer, distributor, or importer provide a Safety Data Sheet
("SDS") for each hazardous chemical to downstream users to communicate
information on these hazards. Employers shall have a SDS in the workplace for
each hazardous chemical which they use. Each SDS includes information such as
the properties of each chemical; the physical, health, and environmental health
hazards; protective measures; and safety precautions for handling, storing, and
transporting the chemical. Since each SDS is supplied by the chemical
manufacturer/importer, Global expressly relies on the evaluation of the chemical
manufacturer/importer contained therein. GLOBAL MAKES NO WARRANTIES AND
EXPRESSLY DISCLAIMS ALL LIABILITY TO YOU AND/OR ANY OTHER USER WITH RESPECT TO
THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE INFORMATION IN ANY
SDS. Send SDS requests to: Global Equipment Company Inc., 11 Harbor Park Dr,
Port Washington, NY 11050, Attn. Legal Department, or log onto the Site and
click the SDS link for the applicable product or call 800-645-2986.

California Proposition 65 and Other Warnings

The State of California requires that certain warnings be given concerning
products which contain chemicals subject to Proposition 65. Proposition 65
requires that products containing certain chemicals identified by the State of
California as causing cancer, birth defects or other reproductive harm contain
warnings. In addition, certain states have also enacted warning requirements
regarding chemical components of particular products we sell, such as cleaning
supplies. We rely on the manufacturer regarding the hazardous chemicals in their
products and we make no representations or warranties regarding the information
provided by the manufacturer. Applicable Proposition 65 warning(s) are provided
upon product purchase. In addition, for information on whether a specific
product you are considering purchasing from Global contains a Proposition 65
warning label, please email prop65@globalindustrial.com.

Export Sales

You agree that you will not divert, use, export or re-export the products
contrary to United States law. You expressly acknowledge and agree that you will
not export, re-export, or provide the products to any entity or person within
any country that is subject to United States economic sanctions imposing
comprehensive embargoes without obtaining prior authorization from the United
States Government. The list of such countries subject to United States economic
sanctions or embargoes may change from time to time but currently includes North
Korea, Cuba, Iran, Sudan, and Syria. You also expressly acknowledge and agree
that it will not export, re-export, or provide the products to entities and
persons that are ineligible under United States law to receive such items,
including but not limited to, any person or entity on the United States Treasury
Department's list of Specially Designated Nationals or on the United States
Commerce Department's Denied Persons List, Entity List, or Unverified List.

Amendments/Applicable Law

These terms and conditions of sale may be amended at any time by Global. The
laws of the State of New York shall govern these terms and conditions of sale.

User Generated Content Policy

From time to time on certain areas of the Site you may be able to submit
reviews, comments, feedback and certain other materials (collectively, "User
Contributions"). By using these features, you agree that: (a) you will not post
any content that is unlawful, harmful, tortious, defamatory, libelous, obscene,
invasive of the privacy of another person, threatening, harassing, abusive,
hateful, racist, infringing, pornographic, violent, or otherwise objectionable
or inappropriate as determined by Global in its discretion; (b) you will not
post any content that contains personal information about any individual,
violates the privacy/publicity of any other individual or entity, or anything
that you are under a contractual obligation to keep private or confidential; (c)
you will not impersonate any person or organization, including without
limitation, the personnel of Global, or misrepresent an affiliation with another
person or organization; and (d) you will not post any content that contains
viruses, corrupted files, or any other similar software or programs that may
adversely affect the operation of the Site, or any feature of the Site.

You represent and warrant that you own or have a valid license to use the User
Contribution submitted, displayed, published or posted by you on the Site and
otherwise have the right to grant the license set forth herein, and the
displaying, publishing or posting of the User Contribution, and Global's use
thereof does not and will not violate the privacy rights, publicity rights,
copyrights, trademark rights, patents, contract rights or any other intellectual
property rights or other rights of any person or entity.

For any User Contribution that you submit, you grant Global and its authorized
third-party service providers a perpetual, irrevocable, royalty-free,
transferable right and license to use, copy, modify, delete in its entirety,
adapt, publish, translate, create derivative works from and/or sell and/or
distribute your User Contribution and/or incorporate your User Contribution into
any form, medium or technology throughout the world without compensation to you.
Any User Contribution that you submit may be used and shared with authorized
third-parties at Global's sole discretion. Global sometimes offers gifts of
nominal value to individuals for submitting reviews on the Site. Global is
committed to complying with government gift and ethics rules and therefore
government employees are not eligible to receive such gifts.

Return Policy

Click here to view the globalindustrial.com return policy

Flat Rate Parcel Standard Shipping Offer

Flat rate shipping fee structure is:

 

 * $12.99 for orders $100.00 and under
 * $19.99 for orders between $100.01 - $250.00
 * $24.99 for orders between $250.01 - $500.00
 * Orders over $500.00 use standard shipping rates

 

Offer applies to small pack items up to 50 lb using standard ground shipping and
excludes large boxes/items, expedited freight, special delivery services,
products shipped via truck and oversized shipments.

Mobile Messaging Terms and Conditions

Global offers its customers mobile alerts regarding your orders, product
delivery status sales, event promotions, new product releases, cart reminders,
back in stock alerts, price drop alerts and low inventory alerts via recurring
SMS (Short Message Service) message from certain short codes. Enrollment in
Global text alerts requires a customer who is at least 18 years old to provide
his or her own mobile phone number with an area code within the 50 United States
or the District of Columbia. By enrolling to receive Global text alerts, you
agree to these Mobile Messaging Terms and Conditions and to our Privacy Policy.

 

You acknowledge that text alerts will be sent to the mobile phone number you
provide to Global and you authorize Global to use auto dialer or non-auto dialed
technology to send recurring text messages to such mobile phone number. Once you
enroll, the frequency of text alerts we send to you will vary. Global does not
impose a separate charge for text alerts; however, your mobile carrier’s message
and data rates may apply depending on the terms and conditions of your mobile
phone contract. You are solely responsible for all message and data charges that
you incur. Please contact your mobile service provider about such charges.

 

You may opt out of Global text alerts at any time. To stop receiving Global
service text alerts, text STOP to the applicable short code. Texting STOP to the
applicable short code will opt you out of all future Global text messages from
that short code. After you submit a request to unsubscribe, you will receive one
final text alert from Global confirming that you will no longer receive text
alerts from that short code. No additional Global text alerts will be sent from
that short code unless you re-activate your enrollment. For questions about text
alerts, text the word HELP to the applicable short code, or contact Global at
888.978.7759.

 

The Global text alert programs are offered on an "as is" basis and: (1) may not
be available in all areas or through all wireless carriers at any or all times;
and (2) may not continue to work in the event of product, software, coverage or
other service changes made by your wireless carrier. Global may change or
discontinue any of its text alert programs without notice or liability to you.
The wireless carriers are not liable for any delayed or undelivered text alerts.

 

All information collected in connection with our text alert programs is governed
by our Privacy Policy. These Mobile Messaging Terms and Conditions are subject
to change at any time without notice.

TERMS AND CONDITIONS OF USE

Materials appearing on globalindustrial.com (the "Site") are copyrighted by
Global unless otherwise noted, and may not be used without the written
permission of the copyright owner.

The Site is presented for private, noncommercial use only. Materials presented
at the Site may be downloaded and printed exclusively for private, noncommercial
use, provided that all copyright notices and other notices or proprietary rights
are retained on resulting hard copies of the materials. No materials presented
at the Site may be otherwise reproduced, in whole or in part, retransmitted or
distributed without the written permission of Global.

Trademarks appearing at the Site may be owned and/or registered by parties other
than Global, as denoted by express attribution or the clear implication of
context. No representation contained at the Site should be construed to
authorize the reproduction, retransmission or other use of the trademarks of
Global or other parties.

Global will enforce its intellectual property rights to the full extent of the
law.

Global serves customers in the United States, United States territories, F.P.O.s
and A.P.O.s. All product prices, specifications and availability are subject to
change without notice. Prices do not include shipping or applicable sales tax.

Global uses reasonable efforts to include accurate and up-to-date information on
the Site, but does not warrant that it is free of errors or omissions. Because
of continuing improvements, actual products may differ slightly from photo.
Photograph images may have been retouched. Global will not be liable for any
damages to the end-user, whether direct, consequential or incidental, arising
from the end-user's use of, or reliance upon, material presented at the Site.
Global will not be liable for any damages to, or viruses that may infect, your
computer or related equipment as the result of your access to, use of, or
downloading material from, the Site. Global is not responsible for the contents
of any off-site pages or any other sites linked to the Site.

IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT ON THE SITE, YOU AGREE
THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.

All communications received by Global via electronic mail or otherwise,
including letters, questions and comments, may be posted on the Site or
otherwise published by Global. Such communications may be edited for length and
clarity.

Certain links on the Site will allow you to leave the Site. These linked sites
are not produced by Global and Global is not responsible for the content or
material of any linked site or any link contained in a linked site, or any
changes or updates to such sites. These linked sites are included by Global as a
service to its customers, and the links do not necessarily imply endorsement by
Global.

The videos provided on the Site, as well as all content in the Knowledge Center
are for informational, educational and promotional purposes only (the
"Informational Content"). It is your responsibility to ensure compliance with
all applicable laws, rules, codes and regulations and Global assume no
responsibility for the accuracy of the information contained in the
Informational Content and disclaims any liability for omissions, errors or
outcomes. If there is any question or doubt in regard to any element contained
in the Informational Content, please consult a licensed professional. You may
not rely on any information and opinions expressed in the Informational Content
for any other purpose. In all instances, it is your responsibility to evaluate
the accuracy, timeliness, completeness, or usefulness of Informational Content.
Under no circumstances will Global be liable for any loss or damage caused by
your reliance on any Informational Content.

These terms and conditions of use may be amended at any time by Global. The laws
of the State of New York shall govern these terms and conditions of use.




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