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. These Terms are between SafetyCulture Marketplace (US) Inc (SafetyCulture, us, we, our) and you (the user) and any organistion or company you work for or represent (together you in this these terms).
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.
1.1 Delivery Costs
(a) Delivery prices depend on the weight and size of your order unless advertised otherwise.
(b) The delivery costs for items in a shopping cart are automatically calculated and displayed on the checkout page.
(c) We reserve the right to substitute the shipping carrier you have selected at checkout if we believe the carrier will be unable to render the services they have advertised at the agreed price. If this is the case 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.
(a) Orders are dispatched from the United States.
(b) Our expectations is that most items will be dispatched within 1-2 business days upon confirmation of payment. All "in stock" items are dispatched within 2-7 business days.
(c) All orders are processed in the order as received with Express Postage orders taking priority.
(d) We will not be liable for any delay or non-delivery of any goods ordered.
1.3 Signature on Delivery
All orders placed on our website are sent with Signature on Delivery. Delivery will only be made if someone is available to receive and sign for the delivery. If no one is available, the parcel will be taken to a nearby Post Office or carrier for collection.
If an Authority to Leave (ATL) is requested for your parcel to be left at a designated place, or if your parcel is taken to a location for collection, we take no responsibility for missing, lost or damaged parcels in such circumstances.
1.4 Delivery Times
We have partnered with a number of delivery providers (including DHL and Federal Express) to offer you shipping across the United States.
Estimated delivery times are in business days (Monday through Friday) excluding public holidays. Estimated delivery times may change due to unforeseen circumstances.
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 email@example.com.
All shipments require a phone number and valid address. Carriers may contact you to set up a specific time to receive 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.
1.5 International cost and other delivery costs
For all international orders we are not responsible for customs clearance or any duties or taxes that might be charged.
1.6 Express Delivery
Your Item will be picked, packed and manifested within 12-24 hours of placing your order on business days.
This service is only available for stocked items 10 pounds and under. Backordered items will be expressed shipped once they arrive into our warehouse.
1.7 Stock Definitions
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.
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.
Due to the global shortage for respiratory products we have no confirmed ETAs for such products.
2. Returns, Refunds and Replacements
We do not offer refunds or exchanges for change of mind (including changing clothing sizes).
By placing an order through this website you are offering to purchase selected products at the prices shown on this website.
You can place orders online via the SafetyCulture Marketplace website 24 hours a day, 7 days a week, 365 days a year.
If a minimum order value is specified for a product, an order will not be accepted for such product unless the minimum order value is satisfied.
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 your order has been accepted by us and your payment has been validated, we will email you an Order Confirmation. A tax invoice will be sent with your delivery.
3.1 Opening and account
If a product offered on our website requires you to open an account, you must accurately complete the registration process this will require you to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. And, 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 account, either with or without your knowledge. You are liable for losses incurred by us or another party due to someone else using your account. You may not use anyone else's account at any time.
3.2 Administrative Users
You may request that we appoint you or one of your representatives as an administrative user. An administrative user may be appointed to set parameters for usage by organizational members on our website, and to monitor and regulate any such usage. An administrative user may also set policies and procedures in relation to the use of corporate credit cards by organizational members. In all circumstances you will be responsible for the actions of any members of your organization who accesses the website, including all orders placed by any such persons regardless of whether any such persons have complied with your internal policies relating to website usage, the placement of any orders, use of corporate credit cards or otherwise, and we will have no responsibility, liability or otherwise in relation to the conduct of your organizational members.
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
5.1 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 any party to perfect the validity, priority, and enforceability of SafetyCulture's lien or security interest. You will assist us with any steps required to facilitate any such regulation.
5.2 Payment Gateway Information / SSL
We use commercially reasonable efforts to make our payment options safe and secure. We are not responsible for any damage or loss suffered or incurred by you as a consequence of third party credit card fraud, howsoever arising.
We may from time-to-time, at our absolute discretion, amend the prices displayed on our website. The prices displayed are exclusive of any taxes or duties that may apply. You are responsible for any such taxes or duties that may be payable.
5. 4 Promotions
Any coupons/vouchers cannot be used in conjunction with any other offer. Only original vouchers will be accepted as valid. A voucher is not valid if reproduced. A voucher must be surrendered at the time of redemption of offer.
No additional discounts will be allowed if an item ison 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. 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.
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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. We cannot guarantee compliance by any products sold by us with such laws, codes or regulations, 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. Safetyculture makes no representations or warranties expressed or implied in relation to any such products. 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 SafetyCulturePty Ltd. Manufacturers' logos and product images used by permission.
8.1 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, SafetyCulture Pty Ltd. and are protected by copyright, trademark and other laws and may not be used except as expressly 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 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.
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 expressly set forth in these terms, 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 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.
SafetyCulture does 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.
To the maximum extent permitted by law and except as expressly set out in these terms, in no event will SafetyCulture be liable in connection with these terms whether in contract, tort, equity, statute or otherwise. 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.
(a) 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, whether oral or in writing.
(b) 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.
(c) 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 such and acts or orders of government, acts of terrorism, or war.
(e) 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 our sole discretion.
(f) 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.