8910 W. 192nd Street, Unit C
Mokena, IL 60448
TERMS AND CONDITIONS OF SALE
January 1, 2021
All sales of products by North American Safety Products, Inc. (hereafter “NASP”) are subject to and governed by the following terms and conditions which are part of the agreement of sale, and any term or condition submitted by Buyer which may be inconsistent with or in addition to these terms and conditions shall not be applicable hereto or binding upon NASP. NASP’s failure to object to inconsistent or additional terms contained in any communications from Buyer will not be a waiver of the terms hereof, and retention by Buyer of any products delivered by NASP hereunder will be conclusively deemed acceptance of the terms and conditions hereof.
Unless otherwise specified, terms to customers of satisfactory credit are net thirty (30) days from date of invoice. To avoid delay in filling orders, purchasers without previous experience with NASP should include credit information or references with their first order, or remit cash. Each shipment shall be separate transaction and payment shall be made accordingly. If in the exclusive judgment of NASP, the financial condition of Buyer at any time does not justify the commencement or continuation of shipment on the terms specified herein, in addition to other remedies it may have at law or in equity, made a written demand for full or partial payment in advance, suspend its performance until such payment is made, and cancel the Buyer’s order if such payment is not received by NASP within thirty (30) days after delivery in person or mailing of said demand by NASP. If shipments are delayed by Buyer, payment shall become due from date NASP is prepared to make shipment. Products held for Buyer because of such delay in delivery shall be at the risk and expense of Buyer.
Charges for all NASP products shall be in accordance with the published NASP Price List currently in effect. NASP will publish and distribute new Price Lists 60 days prior to the effective date of all price increases or decreases. Freight charges shall be “Prepaid and Add” or Consignee Collect, FOB origin. Buyers are encouraged to specify a preferred shipping method when submitting Purchase Orders. Unless otherwise specified by Buyer NASP will select the lowest cost shipping method.
NASP will prepare an Order Confirmation for each Purchase Order received and accepted. Order Confirmations will be transmitted to Buyer via electronic facsimile within one working day after receipt of Purchase Order and include all applicable charges to be include on Buyer’s Invoice (including freight charges), projected shipment date, and shipping method.
DELIVERY, TITLE AND RISK OF LOSS:
Delivery dates are approximate, not guaranteed and are based upon prompt receipt of all necessary information from Buyer. Unless otherwise specified by NASP, delivery will be made and title will pass F.O.B. point of shipment to Buyer, except that a security interest in the goods shall remain in NASP until full payment in cash has been made therefore and NASP may at NASP’s option repossess the same upon Buyer’s default in payment and charge Buyer with any deficiency. Buyer waives its right to any judicial hearing prior to or subsequent to any such repossession.
DELIVERIES EXCUSE OF PERFORMANCE:
NASP shall be excused from performance and shall not be liable for delay in delivery or non-delivery, in all or part, caused by the occurrence of any contingency beyond the control of NASP or it’s suppliers, including, but not limited to, war or military action, insurrection, riot or civil disobedience, failure or delay in transportation, act of governmental agency affecting the terms of the contract or otherwise; judicial action, labor dispute, accident, fire, explosion, flood, storm or other act of God or shortage of fuel or energy, raw material, or labor; if any contingency occurs, NASP may allocate deliveries among its customers.
All shipments leaving NASP are packaged according to good standard packaging practice. NASP cannot be responsible for material damaged in transit. Responsibility for damaged shipment lies with the common carrier. When equipment is received in a damaged condition, the Buyer shall contact NASP within five (5) days of delivery. NASP will render the responsibility of all damage claims with the common carrier.
ALL CALIMS FOR SHORTAGES OR SHIPPING ERRORS MUST BE MADE WITHIN FIVE (5) BUSINESS DAYS OF RECEIPT OF THE GOODS BY CALLING NASP AT (800) 475-6946.
The foregoing supersedes all previous communications, representations or agreements either oral or written, with respect to the subject matter hereof and no representations of any kind made by any representative, or employee or modifications of any of the foregoing provision and no representation, promise or guarantee in connection with NASP products shall be binding upon NASP unless made in writing and signed by a corporate officer of NASP.
The rights and obligations of NASP and Buyer shall be governed by the laws of the State of Illinois, notwithstanding any choice-of-laws rules that would otherwise dictate application of the laws of any other jurisdiction.
All products and accessories manufactured and distributed by North American Safety Products, Inc. come with a five-year limited warranty from the date of purchase. This warranty applies to structural failure due to defects in materials or workmanship. This warranty excludes product damage as the result of normal wear-and-tear, misuse, or abuse. This warranty extends to the original end-user purchaser and Authorized Dealers and Distributors. This warranty is in lieu of any other warranty, expressed or implied, including, but not limited to any implied warranty of merchantability or fitness for a particular use, and of any other obligations or liability on the part of North American Safety Products, Inc. Under no circumstances will North American Safety Products, Inc. be liable for any loss, damage, expense or consequential damages of any kind arising in connection with the use or inability to use this product.
WARRANTY RETURN PROCEDURE
Warranty claims must be approved in advance by North American Safety Products, Inc. using the following procedures:
- Should you receive a damaged or defective item, please contact our Customer Service Department at (800) 475-6946 within five (5) business days after receipt of the order describing your warranty claim.
- Returned products should be shipped freight collect in the original or suitable packaging to:
North American Safety Products, Inc.
Sales and Distribution Center
8910 W. 192nd Street, Unit C
Mokena, IL 60448
- Upon receipt and inspection of the returned products, North American Safety Products, Inc. will ship replacement products freight prepaid to the location specified by the warranty claimant.
- There are no restocking fees for returning defective products or products damaged during shipment.
- 25% of unit cost for items returned for reasons not covered by our warranty (example – customer decided they did not want a particular item).
- The restocking fee is reduced to $25.00 per unit if the customer orders a different item at the time of the return.
- 6% Cancellation Fee on all orders due to raw material commitments.
- All returned items must be in an unused condition – without any marks, scratches or other damage.