Terms & Conditions

SafetyCulture Marketplace Terms and Conditions

These Terms govern your access to and use of the SafetyCulture Marketplace website. By accessing or using this website, you agree to be bound by these Terms without change. These Terms are between SafetyCulture Marketplace (US) Inc (SafetyCulture, us, we, our), you the user, and, if you are using the website on behalf of a company or an organization, such company or organization will also be considered a party to these Terms.

The SafetyCulture website is not for use by persons under the age of 18. 

1. Delivery

Purchases made from United States will be shipped via the carrier designated in your checkout cart.  Orders are shipped EXW (Incoterms 2020) to the destination indicated on your order. 

Delivery Costs

Delivery prices depend on the total weight and size of your order unless advertised otherwise.

To find the total cost of the order add the items you wish to purchase into the shopping cart, including your full delivery address.  The shipping costs will be automatically calculated and displayed on the checkout page.

Large, Heavy or Dangerous Items

We reserve the right to substitute the shipping carrier you have selected at checkout if we have reasonable grounds to believe the carrier will be unable to render the services they have advertised at the agreed price. Should this occur we will provide you with the details of the substitute carrier and a revised quotation from another carrier. You will have the right to accept the revised quotation or to cancel the transaction without penalty.

Dispatch

• Orders are dispatched from the United States.

• We proudly work with a highly streamlined dispatch team, with most items being dispatched within 1-2 business days upon confirmation of payment.

• All "in stock" items are dispatched within 2-7 business days.

• All orders are processed in the order as received with Express Postage orders taking priority.

• To fast track your order, we encourage you to pay via credit card as your order can be processed and dispatched the same day subject to stock availability.

Signature on Delivery

All orders placed on our website are sent with Signature on Delivery. This adds extra security to your parcel as delivery will only be made if someone is available to receive the parcel. If no one is available, the parcel will be taken to a nearby Post Office or carrier for collection.

Authority to Leave

If an Authority to Leave (ATL) is requested for your parcel to be left in a safe place, we take no responsibility for missing, lost or damaged parcels based on this request.

Delivery Times

We have partnered with delivery providers (DHL and Federal Express) to offer you prompt and safe shipping across the United States in most circumstances. 

In most instances estimated delivery times from the time of dispatch will be displayed at checkout and are based on ALL products being "in stock" at the time of ordering. 

Estimated delivery times are in business days (Monday through Friday) excluding public holidays. Every effort is made to ship your order according to the estimated delivery times provided. Estimated delivery times may change due to unforeseen circumstances from the couriers.

Delivery time is subject to stock availability, product size and location.

If your product has not arrived after the estimated delivery time, please contact us by email by REPLYING to your order confirmation email to marketplace@safetyculture.com with a brief message.

We are able to deliver your items to your home or work address United States wide, including all rural and remote areas. For larger items that need to be sent via courier, a street address is mandatory, and you will be notified during the checkout process.  All US shipments require a phone number and valid address.  Carriers may contact you to set up a specific time to receive US shipments.  Shipping is to your dock or other similar location and does not include moving your items within your facility.  Carriers may assess an additional fee if you do not have a dock and need a lift-gate or other equipment. 

International cost and other delivery costs 

• In most cases, international shipments are delivered in a timely manner. However, it can take several weeks depending on your country’s customs regulations.

• For all international orders we are not responsible for customs clearance or any duties or taxes that might be charged.

• All our international orders will be shipped by the most suitable carrier (Australia Post, TNT, DHL, FedEx). 

Express Delivery

• Your Item will be picked, packed and manifested within 12-24 hours of placing your order on business days.

• Depending on the time that you place your order, it will be in transit to you within 12-24 hours on business days.

• This service is only available for stocked items. Backordered items will be expressed shipped once they arrive into our warehouse.

• Only available for items 5 kilos and under.

Stock Definitions

In Stock: If a product is “in stock”, you can add it to cart and proceed to the checkout. Once your purchase has been successful, we will process your order and ship it. Below is an example of a product in stock.

Backorders with approx. ETA and Backorders with no confirmed ETA: If a product is on Backorder with an approximate estimate time of arrival, you will be able to add it to cart as a Backorder and proceed to the checkout. Once your purchase has been successful, your order will be in the queue for dispatch when we have received the product in one of our warehouses. The ETA is the approximate date that our supplier has provided us with and may change due to unforeseen circumstances and if that's the case we will inform you with your options.

Due to the Global Shortage for respiratory products we have no confirmed ETAs for such products.

If you are not prepared to wait for your Backorder, DO NOT BACKORDER/PREORDER.

2. Returns, Refunds and Replacements

We do not offer refunds or exchanges for change of mind (including changing clothing sizes).

You may cancel an order/backorder before it is shipped. In this case, a $20+any applicable taxes admin fee will apply.

3. Ordering

Offer to purchase terms and conditions disclaimer

By sending an order through this website you are placing an offer to purchase selected products at the shown prices on this website. We reserve the right to refuse any offer to purchase for whatever reason including out of date pricing, inability to supply stock, incorrect freight calculations. Where a problem occurs, we will contact you and provide you with your options.

You can place orders online at our website 24/7/365. 

We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.

When you place your order and pay on our website, and your order has been accepted by us and payment has been validated, we will email you an Order Confirmation with total cost of purchase. A tax invoice will be sent with your delivery. Your tax invoice is your proof of purchase.

Viewing Orders

If a product offered on our website requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable secured registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Minimum Order Value

We are competitive as we buy in bulk and sell in bulk. We have a minimum order value of $19.95 worth of product (excluding taxes and delivery charges).

4. Quotes

All Quotes are valid for 14 days and may be revised should you only proceed with part of the quote.

5. Payment, Pricing and Promotions

Our Payment Methods and Processing

We accept Visa, MasterCard and Amex. At Final Checkout you can select any of these options.

You grant to SafetyCulture 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 SafetyCulture. You agree to file, and permit and authorize SafetyCulture to file, any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of SafetyCulture's lien or security interest.

Payment Gateway Information / SSL

We use commercially reasonable efforts to make our payment options safe and secure. Credit Card payments are made directly through 128 bit SSL Encryption software to ensure your personal details are kept safe and are processed through a third party payment processor engaged by SafetyCulture. None of your payment details are stored, this ensures you will be happy with your transaction.

Pricing

We may at times amend the prices displayed on our website.

If we display an item for an incorrect price, we reserve the right to, at our discretion:

a)     charge the correct price for the item, with your consent; or

b)     honour the price displayed at the time of purchase.

Credit Card Fraud

Whilst our website employs the latest in Secure Sockets Layer technology for its transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

Promotions

• All coupons/vouchers cannot be used in conjunction with any other offer. Where the voucher must be presented to redeem an offer, only original vouchers will be accepted as valid. The voucher is not valid if reproduced. The voucher must be surrendered at the time of redemption of offer.

• No additional discounts will be allowed if the items are on sale or is a featured item. 

• Discount coupons must be activated at checkout at the time of purchase.

• Coupons can only be redeemed at our website towards the purchase of products listed in the website's product catalogue.

• The total value of coupon(s) applied to an order must be equal or less than the total order value.

• Any balance must be paid by credit card or PayPal.

• A coupon can be allocated to one order only.

• Product specific coupons are for use only when purchasing the product identified on the coupon.

• We are unable to apply coupons retrospectively.

• Coupons expire on the expiry date shown.

• There are no cash alternatives for coupons.

• We reserve the right to cancel any coupons at any time.

6. Servicing and Inspections

• All items are to be sent to or dropped off at our service centres at your cost.

• Following the inspection a quotation will be provided via email.

• Any quotation must be accepted and paid for prior to work commencing.

• If a quotation is not accepted the customer must pick the goods up within 30 days.

• Should any items not be picked up within 30 days of the quotation all items will be disposed of in accordance with local laws and manufacturers specifications.

• If a quotation is accepted for work to commence, all items must be picked up within 30 days of their completion date or all items will be disposed of in accordance with local laws and manufacturers specifications.

• We reserve the right to charge a disposal fee and cleaning fee.

7. Product Suitability

Many states and territories have laws, codes and regulations governing sales, construction, installation and/or use of products for certain purposes, which may vary from those in neighbouring areas. While we attempt to ensure that our products comply with such codes, we cannot guarantee compliance, and cannot be responsible for how products are installed or used. Before purchase and use of a product, please review the product, and applicable national, provincial, state and local laws, codes and regulations, and be sure that the product, as well as its installation and use, complies with them.

SafetyCulture is a distributor of products. Information about the products on our website is provided by the manufacturers and/or suppliers. Product depictions on the website are for illustrative purposes only. Access to, any SafetyCulture website or product literature does not constitute the right to purchase products. SafetyCulture reserves the right to revise publishing errors in its product literature or any of its websites. Despite our efforts, occasional pricing or product description errors may occur in the SafetyCulture product literature and websites, and SafetyCulture reserves the right to correct or change such errors without notice. SafetyCulture further reserves the right to cancel any and all orders resulting from such errors, even if you have received an order confirmation from SafetyCulture.  

SafetyCulture products are not authorized for use for health care or medical purposes.

The State of California requires that certain warnings be given to concerning products which contain chemicals subject to Proposition 65. A complete list of Proposition 65 regulated chemicals is available at www.oehha.ca.gov. For identification of products which contain a chemical subject to Proposition 65, see the product description on our website. Applicable Proposition 65 warning(s), (see below) are provided directly on the website product page and upon product purchase.

• Warning: This product contains a chemical known to the State of California to cause cancer.

• Warning: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm.

You will take all precautions, at all times, for the health and safety of your personnel, including but not limited to identifying to your personnel all hazardous materials or safety or health hazards to which your personnel or your premises may be exposed; providing to your personnel for review, and instructing your personnel regarding your safety practices; and proper and safe handling of, and protection of your personnel from exposure to hazardous materials or dangerous conditions. You agree to provide your personnel with all safety health and other protections required by law, including, without limitation, all protections required by federal, state and local laws, standards, regulations, orders and other requirements under OSHA, and similar workplace safety and health statutes and programs.

You are responsible for compliance with all US export control laws, regulations and license requirements. 

8. Trademark and Copyright, Use Limitations

All designs are copyrighted by WorkSafeGEAR Pty Ltd. Manufacturers' logos and product images used by permission.

Use of this website

The website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are either the property of, or used with permission by, WorkSafeGEAR Pty Ltd. and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms or with the prior written permission of the owner of such material. You may not modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information, materials or images may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your computer account or password.

As a condition of your use of this website, you warrant to SafetyCulture that you will not use this website for any purpose that is against the law or prohibited by these Terms.  If you violate any of these Terms, your permission to use this website automatically ends. 

You may not without our prior written permission use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this website or accessed through this website.  You may not republish SafetyCulture content or other content from this website on another website or use in-line or other linking to display such content without our permission.  You may not introduce viruses, spyware, or other malicious code to this website.  You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our website is virus free.

Should you provide SafetyCulture with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of this website, such information will be deemed to be non-confidential.  We will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation.  We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.

9. Limitations of Liability, Indemnity

By using this website, you agree to indemnify SafetyCulture and its affiliates, officers, directors, and employees for any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys' fees) incurred by them arising out of or relating to your breach or alleged breach of these Terms and your use of any products purchased through the website. You agree to cooperate as fully as reasonably required in the defense of any claim. SafetyCulture reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE PRODUCTS OFFERED AT THE WEBSITE IS AT YOUR SOLE RISK.  THE WEBSITE AND OUR PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  EXCEPT AS SET FORTH IN THESE TERMS AND WHERE APPLICABLE, NO WARRANTY OR AFFIRMATION OF FACT OR DESCRIPTION, EXPRESS OR IMPLIED, IS MADE OR AUTHORIZED BY SAFETYCULTURE. SAFETYCULTURE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SAFETYCULTURE ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY AND OTHER RIGHTS MAY BE AVAILABLE. 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

We have made efforts to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your device’s screen display of any color will be accurate.  We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products will be corrected.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SAFETYCULTURE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR PRODUCTS; (ii) THE COST OF SUBSTITUTE PRODUCTS RESULTING FROM ANY DATA, INFORMATION OR PRODUCTS OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES.  IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT PRODUCTS OR $100, WHICHEVER IS GREATER.

10. General

Taxes

You are responsible for the payment of all applicable state and local taxes. 

If and when applicable, taxes payable on the price for the products will be set out on our website or in our invoices. You agree to pay the tax amount at the same time as you pay for your order.  

Entire Agreement

These Terms, your order and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between the you and us, whether oral or in writing.

Amendment

We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

Force Majeure

We shall not be liable for any delay in performing any of our obligations under these Terms if such delay is caused by circumstances beyond our reasonable control and we shall be entitled to a reasonable extension of time for the performance of such obligations. Such circumstances include, without limitation, labor shortages, supply chain shortages, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, public health emergencies (including pandemics and epidemics and the consequences of the COVID-19 pandemic), acts or orders of government, acts of terrorism, or war. 

Links to Third Party Sites

Our emails may contain links to third party Web sites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site nor are we responsible if the Linked Site is not working appropriately. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms and conditions posted at the Linked Sites. Any dealings with third parties (including advertisers) included within our email account or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. We shall not be responsible or liable for any part of any such dealings or promotions. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link in our emails or our website (Affiliate Link) or for featuring certain products or services on our website. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on our website, or which (if any) third party links are Affiliate Links. Furthermore, because the SafetyCulture privacy policy is applicable only when you are on our website, once linked to another website, you should read that site’s privacy policy before disclosing any personal information.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our website so long as (i) the link or your linking website does not portray SafetyCulture, our affiliates, or our products or services in a false, misleading, derogatory, or otherwise offensive matter;  (ii) your linking website complies with all applicable law and does not otherwise violate these Terms or the rights of others; and (iii) your website has, maintains and follows a privacy policy no less protective of user data than the privacy policy of this website. You may not use any SafetyCulture logo or other proprietary graphic or trademark as part of the link without prior express written permission.  We may revoke this license at any time, with or without cause, in which case you agree to immediately remove the hyperlink.  You may not link to any page other than the home page of this website.  Any link to our website should be a full forward link that passes the client browser to our home page without barriers.  The "back" button should return the visitor to the original site if the visitor wishes to back out.

Other Limitations

You acknowledge that we reserve the right to sign out, terminate or delete your accounts within our website that are "inactive" for an extended period of time. "Inactive" means that you have not signed in to a particular service for an extended period of time, as determined by us, in its sole discretion. The amount of time that we currently consider as an "extended" period of time is determined based on the particular service within our website to which it pertains.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri without giving effect to principles of conflicts of law.