Terms and Conditions
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO PURCHASES ON THIS WEB SITE. PLEASE SCROLL DOWN TO VIEW IMPORTANT INFORMATION ON THE TERMS AND CONDITIONS.
Subject to credit approval and the terms and conditions set out herein, Safety-Kleen Systems, Inc. ("Safety-Kleen") proposes to furnish the products selected by you in this online session ("Products") for the purchase price ("Price").
1. ENTIRE AGREEMENT: This Terms and Conditions of Sale Agreement ("Agreement") constitutes the entire agreement between Safety-Kleen and you ("Buyer"). Terms or conditions contained in any purchase order or other similar document that in any manner purport to alter, modify, change, suspend or add to any term or condition contained in this Agreement shall be deemed excluded from such purchase order and waived by Buyer. Safety-Kleen's performance hereunder is expressly conditioned upon Buyer's acceptance of the terms and conditions of the Agreement. If Buyer does not wish to be bound by this Agreement, Buyer must notify Safety-Kleen immediately and return the Products pursuant to the Return Policy set forth below. THIS AGREEMENT SHALL APPLY UNLESS BUYER HAS A SEPARATE EXISTING PURCHASE AGREEMENT WITH SAFETY-KLEEN, IN WHICH CASE THE SEPARATE PURCHASE AGREEMENT SHALL GOVERN.
2. PRICING: Pricing of an item is not confirmed until Buyer orders. Safety-Kleen, however, does not process the payment on Buyer's credit card until after Buyer's order has been shipped. From time to time, the price displayed during ordering will not be the correct price. Safety-Kleen is not responsible for pricing, typographical or other errors, in any offer by Safety-Kleen and reserves the right to cancel any orders resulting from such errors. All the prices are in USD. Canadian prices might be different from those stated on the website.
3. TAXES: The Price does not include tax, unless explicitly stated otherwise. All taxes of any kind levied by a federal, state, municipal or other governmental authority that Safety-Kleen is required to collect or pay with respect to the production, sale or shipment of Products shall be the responsibility of Buyer. Buyer agrees to pay all such taxes and further agrees to reimburse Safety-Kleen for any such payments made by Safety-Kleen. Buyer will provide any valid and correct tax exemption certificate or other appropriate documentation related to tax exemption status prior to shipment of Product.
4. PAYMENT TERMS: Payment terms are within Safety-Kleen's sole discretion, and, unless otherwise agreed to in writing by Safety-Kleen, payment must be made at the time of purchase. Payment for Products shall be made by credit card or some other prearranged payment method. Your order is subject to cancellation by Safety-Kleen, at Safety-Kleen's sole discretion. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. If applicable, shipping and handling will be specified in the invoice(s).
5. SHIPPING AND DELIVERY: Safety-Kleen currently ships only in the continental United States. In most instances, Parts Washers will be delivered by a Safety-Kleen representative from the Safety-Kleen branch closest to Buyer's location. In other instances, Safety-Kleen will ship the Products to Buyer using various shipping methods depending on the items being shipped, quantity, time and destination. Safety-Kleen makes no guarantee that ordered items will arrive by a certain time or date although it is expected that most Products will ship within 15 business days from receipt of order. Any shipping dates provided by Safety-Kleen are estimates only. Loss or damage that occurs during the shipping by a carrier selected by Safety-Kleen is Safety-Kleen's responsibility. Loss or damage that occurs during the shipping by a carrier selected by Buyer is Buyer's responsibility. Unless otherwise agreed to, Buyer will be responsible for installation of Products. Buyer must follow the manufacturer's installation specifications and instructions exactly or Buyer's ability to return the Products and any warranty that may exist on the Products may be nullified. Some products might not be available in Canada.
6. ACCEPTANCE AND REJECTION OF PRODUCTS: It is Buyer's responsibility to inspect shipment at time of delivery and refuse delivery of the Products if damaged. Buyer agrees that receipt of the Products shall constitute acceptance of the Products. Buyer must notify Safety-Kleen within 30 days of the date of your invoice if Buyer believes any part of your purchase is missing, incorrect or damaged.
7. RETURN POLICIES; EXCHANGES: New and Refurbished Parts Washers and unused Products that Buyer purchases from Safety-Kleen may be returned or exchanged within thirty (30) days of the delivery date for a refund. Buyer must contact Safety-Kleen directly at 1-800-669-5740, ext. 2490 (Monday through Friday 8:00 a.m. to 5:00 p.m. CST) prior to returning any Products. All returns will be coordinated through the Safety-Kleen branch that delivered the Products to Buyer or otherwise designated following notice of intent to return. Buyer must return the Product in its original or equivalent packaging. Buyer is responsible for risk of loss, shipping and handling fees for returning or exchanging Products. Additional fees may apply, including processing fees and restocking fees equal to 10% of the Price. If Buyer cancels an order before Buyer receives the order, Buyer may be charged for shipping and handling costs, even for Products in which shipping and handling were not charged on the original order. Upon receipt and inspection of all returned Products, Safety-Kleen will credit the credit card used to place the order for the purchase Price of the Products returned, less shipping and handling. All returns must (a) be in the original or equivalent packaging; (b) have the original manufacturer's paperwork and owners' manual delivered with the Products; and (c) contain all parts and components originally delivered with the Products.
8. INDUSTRIAL/COMMERCIAL USE: Buyer acknowledges that many of the Products sold by Safety-Kleen are for industrial or commercial use only and agrees to use those specified Products only for industrial or commercial purposes.
9. CERTIFIED RECONDITIONED PRODUCTS: Buyer acknowledges that Parts Washers, except the minimizers, may be certified reconditioned Products as set forth in the Specifications for each Parts Washer.
10. WARRANTY: Safety-Kleen makes no express warranties on the Products except as stated in documentation provided with certain Parts Washers. EXCEPT AS SPECIFICALLY STATED IN DOCUMENTATION PROVIDED WITH PRODUCTS, ALL PRODUCTS ARE SOLD ON AN "AS-IS" BASIS. SAFETY-KLEEN HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THE NONINFRINGEMENT OF ANY PATENTS, TRADEMARKS, COPYRIGHTS OR THE LIKE. The limited warranties provided with Parts Washers are valid only with the use of Safety-Kleen brand chemistries or other chemistries approved by Safety-Kleen in writing. Warranties will be voided if foreign chemistries, solvents, cleaners, paint thinners or additives which will cause deleterious corrosion effects to internal surfaces and hardware components, are added to the solvent or paint thinner. This would include the addition of any compounds that include nitrocellulose. Warranties may also be voided if Buyer fails to install or operate the parts washers in accordance with the operating manual.
11. BUYER'S EXCLUSIVE REMEDY: Products for which damages are claimed shall not be returned, repaired or discarded without Safety-Kleen's written consent. BUYER'S EXCLUSIVE REMEDY AGAINST SAFETY-KLEEN, AND SAFETY-KLEEN'S SOLE OBLIGATION, FOR ANY AND ALL CLAIMS ARISING OUT OF THE PURCHASE OR USE OF PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY OR NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO SAFETY-KLEEN REPLACING OR REPAIRING THE DEFECTIVE PRODUCT OR, AT SAFETY-KLEEN'S OPTION, REFUNDING THE PRICE FOR THE DEFECTIVE PRODUCT. IN NO EVENT SHALL SAFETY-KLEEN HAVE ANY LIABILITY FOR DAMAGES IN AN AMOUNT EXCEEDING THE PURCHASE PRICE, NOR SHALL SAFETY-KLEEN HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. ACCEPTANCE AND CANCELLATION: After acceptance and approval of this Agreement by Safety-Kleen, this Agreement cannot be modified or canceled without mutual agreement of the parties.
13. ASSIGNMENT: Buyer shall not assign its rights or responsibilities under this Agreement without written consent of Safety-Kleen.
14. ENFORCEABILITY: In the event that any one or more of the provisions contained herein shall for any reason be held to be unenforceable in any respect, such unenforceability shall not affect any of the provisions of this Agreement, but this Agreement shall be construed as if such unenforceable provisions have never been contained herein.
15. GOVERNING LAW: THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS. Buyer, acting for itself and its successors and assigns, hereby expressly and irrevocably consents to the exclusive jurisdiction of the state and federal courts of Texas for any litigation that may arise out of or be related to this Agreement. Buyer waives any objection based on forum non conveniens or any objection to venue of any such action.