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Terms of Use

EnscoSupply.com Terms of Service

The use of this site is governed by the policies, terms and conditions set forth below, please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to EnscoSupply.com indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by EnscoSupply.com. EnscoSupply.com reserves the right to make changes to this site and these terms and conditions at any time.

Copyright & Trademark Notice

This site is owned and operated by Industrial Distribution Group (IDG). Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of IDG, Copyright © 2015, ALL RIGHTS RESERVED. All audio and video clips are licensed by, or are the sole property of, EnscoSupply.com or their respective content providers. All software used on the site is licensed by, or is the sole property of, EnscoSupply.com or those vendors supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without the prior written permission of EnscoSupply.com. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

EnscoSupply.com is a registered trademark, trademark or service mark of IDG. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of EnscoSupply.com. All other trademarks or service marks are property of their respective owners. The use of any EnscoSupply.com trademark or service mark without the express written consent of IDG is strictly prohibited.

Disclaimer & Limitiation of Liability as to Products Sold

All of products sold on EnscoSupply.com are guaranteed against defects for 15 days from the date of the invoice, subject to the following conditions. International customers are responsible for duty taxes and shipping if order is refused. Except as expressly stated herein, EnscoSupply.com makes no representations or warranties, either express or implied, of any kind with respect to products sold on the EnscoSupply.com web site. Except as expressly stated herein, EnscoSupply.com expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to EnscoSupply.com arising from any product sold on the EnscoSupply.com site shall be the price of the product ordered. In no event shall EnscoSupply.com, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to any product sold.

Disclaimer & Limitation of Liability as to EnscoSupply.com Website

EnscoSupply.com website and the materials therein are provided “as is”. EnscoSupply.com makes no representations or warranties, either express or implied, of any kind with respect to EnscoSupply.com website, its operation, content, information, or materials. EnscoSupply.com expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that EnscoSupply.com, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of EnscoSupply.com website. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

Typographical Erros

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, EnscoSupply.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. EnscoSupply.com 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, EnscoSupply.com shall immediately issue a credit to your credit card account in the amount of the charge.

Links

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that EnscoSupply.com is not responsible for the operation of or content located on or through any such site.

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. EnscoSupply.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. EnscoSupply.com reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $250.00(U.S.) are subject to pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. EnscoSupply.com is a reseller to end user customers and does not accept orders from exporters, wholesalers, or other customers who intend to resell the products offered by EnscoSupply.com.

We reserve the right to substitute out of stock or discontinued items with an item of similar or greater value.

Sales Taxes

EnscoSupply.com shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the states of:

  • Alabama
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Florida
  • Georgia
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Nebraska
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Pennsylvania
  • Puerto Rico
  • Rhode Island
  • South Carolina
  • Tennessee
  • Texas
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin

Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.

Jurisdiction & Venue

You agree that any legal action brought against EnscoSupply.com, shall be governed by the laws of the State of North Carolina without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on EnscoSupply.com website shall be an appropriate Federal or State court located in North Carolina.

 

2. TERMS AND CONDITIONS OF SALE

  1. Parties and Products. The company selling the Products as indicated on the front hereof is referred to herein as “Seller” and the person, company or other entity purchasing the Products as indicated on the front hereof is referred to herein as “Buyer.” All materials, goods or merchandise described on the front hereof, regardless of type, are referred to herein as “Products.”

  2. Acceptance of Orders. No written or oral order of Buyer shall become binding on Seller unless and until Seller has issued a written invoice as provided herein. Sales of Products hereunder are subject to and include these Terms and Conditions of Sale and are expressly conditioned upon Buyer’s assent to any Terms and Conditions of Sale herein which are additional to or different from any terms or conditions of sale contained in any purchase order or other document submitted by Buyer. Without limiting the foregoing, no acknowledgment by Seller of or reference by Seller to or performance by Seller under any purchase order submitted by Buyer orally or in writing shall be deemed to be an acceptance by Seller of any terms or conditions contained in such purchase order which are additional to or contrary to the Terms and Conditions of Sale contained herein. Sales are final upon Seller’s shipment of the Products and may not be canceled or changed without the written approval of Seller. Seller reserves to its sole judgment and discretion when and under what circumstances it will approve any order changes and/or cancellations.

  3. Prices and Payment. Unless otherwise stated on the front side hereof, all prices are F.O.B. Seller’s facilities specified on the front hereof and include standard carton packaging. Prices do not include applicable sales, use, excise or similar taxes unless provided on the front hereof. All such taxes are the responsibility of Buyer. The purchase price for Products sold hereunder shall be due and payable in full in cash or by certified check within 30 days from the date of this invoice. Any amounts payable to Seller hereunder which are not paid when due shall thereafter bear interest at the rate of 1.5% per month or the maximum amount permitted by applicable law, whichever is less. Time is of the essence of all payments due hereunder, and if any payment due Seller is collected at law, or through an attorney-at-law or under advice there from, or through a collection agency, Buyer shall pay all costs of collection, including, without limitation, all court costs and reasonable attorneys’ fees.

  4. Security Interest. To secure Buyer’s obligations hereunder, Seller reserves a security interest in all Products sold hereunder together with all proceeds thereof, until all payments with respect to the Products have been received by Seller. Buyer agrees upon request by Seller to perfect and maintain the security interest reserved herein. Buyer constitutes and irrevocably appoints Seller as its agent and attorney-in-fact for the purpose of executing any and all financing statements, notice and other documents that may be necessary from time to time for Seller to perfect and maintain the security interest reserved herein.

  5. Delivery and Risk. Unless otherwise expressly provided on the front hereof, delivery hereunder shall be made F.O.B. Seller’s facilities. Buyer shall bear all risks of loss or damage to Products after they are delivered to Buyer or to a carrier on behalf of Buyer at Seller’s warehouse. Any arrangements made or expenses incurred by Seller for carriage or insurance of Products after delivery shall be for the account of Buyer and promptly paid or reimbursed to Seller by Buyer. Unless Buyer specifies complete instructions as to the method of shipment. Seller may exercise its judgment and discretion in choosing the carrier and means of shipment. All charges incurred by Buyer for the storage of the Products after the delivery date shall be paid by Buyer.

  6. Deferred Delivers. Seller will not defer delivery at Buyer’s request unless Buyer agrees to indemnify Seller against all loss and additional expense incurred by Seller in connection therewith including but not limited to, demurrage, handling, storage, insurance and similar changes. Transfer to storage shall be considered delivery for all purpose hereunder, including invoicing and payment and Buyer shall bear all risks of loss or damage to Products during storage.

  7. Limited Warranty. Buyer acknowledges that Seller is not the manufacturer of any of the Products. All Products sold hereunder shall be sold by Seller “AS IS” and shall be subject only to the Product manufacturer’s standard terms of warranty available to Buyer, if any. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF THE PRODUCTS FOR ANY PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND SELLER HEREBY DISCLAIMS THE SAME.

  8. Return Policy. In the event the need arises for a product return, the Buyer must first contact their Seller Customer Service Representative and obtain a Return Merchandise Authorization document (RMA). Product returned without an RMA document will be refused. Requests for RMA’s must be made within sixty (60) days of receipt of the Product. All Products returned must be in new condition and in original packaging. No “special order” Products will be accepted for return unless Seller or the manufacturer has erred in filling the order. All Products returned due to Buyer error must be returned prepaid and are subject to a restocking charge. Seller will issue credit upon receipt and satisfactory inspection of the returned Product. Requests for billing credits due to invoicing or freight errors must be made via your Customer Service Representative within 15 days of receipt of the invoice.

  9. Limitation of Liability. In no event shall Seller be liable to Buyer, whether in contract or in tort or under any other legal theory, for loss of profits or revenues, loss of use or similar economic loss, or for any indirect, special, incidental, consequential or similar damages arising out of or in connection with the sale, delivery, non-delivery, servicing, use, installation, maintenance, condition or possession of any Product sold hereunder, or for any claim made against Buyer by any other party, even if Seller has been advised of the possibly of such claim. In no event shall Seller’s liability under any claims made by Buyer exceed the purchase price of the Products in respect of which such claim is made.

  10. Indemnification. Buyer agrees to indemnify and hold Seller harmless from and against any and all claims, demands, liabilities, losses, costs, and expenses (including without limitation, reasonable attorney’s fees) irrespective of the theory upon which based (including, without limitation, negligence and strict liability), Seller may suffer or incur as a result of any claims, demands, or actions against Seller by third parties arising out of the sale, delivery, installation or servicing of Products sold or delivered to Buyer hereunder or in connection with the use condition, possession, installation, ownership, selection, transportation, loading, unloading, maintenance or return of any Products sold or delivered to Buyer hereunder, including without limitation, claims for injury to property or person (including death).

  11. Inspection/Limitation of Actions. Buyer shall promptly inspect all Products upon delivery. All Products shall be deemed to be free of any defects, shortages or nonconformities, unless Buyer notifies Seller of such defects, shortages, or nonconformities in writing within ten days after the date of delivery. No action, regardless of form, arising out of or in connection with the sale of Products hereunder (other than an action by Seller for any amount due to Seller from Buyer) may be brought more than one year after the cause of action has arisen.

  12. Force Majeure. Seller shall not be liable for any default or delay in the performance of any of its obligations hereunder if such default or delay is caused, directly or indirectly, by fire, flood, earthquake; accidents; regulations or requirements of any governmental agency; interruptions of transportation facilities or delays in transit; supply shortages, or the failure of any party to perform any commitment to the Seller relative to the production or delivery of Products or any part thereof; or any other cause, whether similar or dissimilar to the causes enumerated herein, beyond the reasonable control of Seller. If due to an excusable delay, performance cannot be completed within the original period for performance, the period for performance shall be extended for a reasonable period of time to all for completion of performance.

  13. Seller shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.

  14. Limitations on Assignment. Buyer may not assign all or any portion of its rights hereunder, or delegate or subcontract all or any portion of its obligation hereunder, without the prior written consent of Seller.

  15. Remedies. Except as otherwise provided herein, any rights or remedies granted hereunder to either party shall be in addition to and not in lieu of any other rights or remedies of such party at law or in equity.

  16. Waiver. Buyer hereby waives demand, presentment, dishonor, protest, notice of nonpayment, notice of default and any and all other demands or notices whatsoever. No express waiver or assent by Seller to any breach of or default in any term or condition hereof shall constitute a waiver of or assent to any succeeding breach of or default in the same or any other term or condition hereof.

  17. Governing Law/Forum. This document and all amendments, modifications, alterations or supplements hereto, and the rights of the parties hereunder shall be construed and enforced in accordance with the laws of the State of Georgia, without regard to its rules regarding conflicts of law.

  18. Entire Agreement. This invoice supersedes all prior discussions and agreements between the parties with respect to the subject matter hereof, and this invoice contains the sole and entire agreement between the parties with respect to the matters covered hereby. By way of illustration, and not by way of limitation, all purchase orders, delivery schedules and other documents submitted by Buyer hereunder or in connection herewith shall be deemed to incorporate without exception all of the Terms and Conditions of Sale contained herein notwithstanding any additional or contrary terms or conditions contained therein. The Terms and Conditions of Sale contained herein may not modified or amended except by an instrument in writing signed by one of Seller’s duly authorized officers.