Terms of Sale Policy
Driver Industrial Safety™ Terms of Sale
These Terms of Sale (these “Terms”) apply to all sales of equipment, parts and other goods (“Products”) by Driver Industrial Safety (“Driver”) to an end user, dealer or other purchaser (“Buyer”). Except as specifically agreed to by Driver in writing, all terms and conditions in any purchase order, invoice or other document which are contrary to or inconsistent with these Terms are expressly rejected by Driver and waived by Buyer, and these Terms shall control in all respects. These Terms shall govern all purchases, including orders submitted by phone, email and online.
ORDER ACCEPTANCE. All orders for Products shall be accepted or rejected in Driver’s sole discretion. Upon Driver’s acceptance of an order, such order may not be changed or cancelled without Driver’s prior written consent.
PRICES. Prices listed on driverindustrial.com are subject to change without notice. Listed prices do not include applicable taxes or service fees. Buyers outside of the United States are solely responsible for any transaction fees for international transfers.
PAYMENT. Driver accepts payment for all orders by telephone. Buyer represents and warrants that (i) the credit card information supplied by Buyer is true, correct, and complete, (ii) Buyer is duly authorized to use such credit card for the purchase, (iii) charges incurred by Buyer will be honored by Buyer’s credit card company, and (iv) Buyer will pay charges incurred at the quoted prices, including all applicable taxes, plus and a service charge of 3% per credit card use, unless otherwise agreed to in a separate agreement. In addition to any other amounts due hereunder, Buyer shall reimburse Driver for all costs and expenses incurred by Driver (including attorneys’ fees and costs) in collecting any amounts due to Driver. For any order placed outside of the United States, payment must be made by wire transfer.
TAXES. Driver shall have the right to charge Buyer the applicable manufacturer’s tax, occupation tax, excise tax, value-added tax, duty, custom, inspection or testing fee, sales tax, use tax or any other tax, fee or charge which Driver may be required by law to collect, remit or pay in connection with Driver’s sale of the Products. In the event that Driver is required to pay any such tax, fee or charge, Buyer shall reimburse Driver therefor; or, in lieu of such payment, Buyer shall provide Driver at the time the order is submitted with an exemption certificate, resale certificate or other document acceptable to the authority imposing the tax, fee or charge.
DELIVERY: All deliveries of the Goods will be F.O.B. shipping point, and title and risk of loss with respect to such deliveries will pass to Buyer at the shipping point. Buyer must notify Driver or the carrier within 10 business days in the event the Goods were lost or damaged during transit.
RETURN: See Limited Warranty below. For specific requests regarding returns, please contact email@example.com.
LIMITED WARRANTY. Driver warrants to the original end user purchaser (“End User”) that all new and unused Products shall be free from defects in materials and workmanship under normal use and service, ordinary wear and tear excepted. If any Products shall be proved to Driver’s satisfaction to be defective, Driver shall have the option to credit the purchase price of such Products or repair or replace such Products. Such credit, repair or replacement shall be Driver’s sole obligation and the sole and exclusive remedy with regard to a defect in the Products. The Limited Warranty does not cover any of the following: (i) claims for labor, expenses or other loss related to any defect; (ii) products and services not provided by the Company or its authorized representatives, as well as damages arising therefrom; or (iii) replacements or repairs necessitated by inadequate maintenance, normal wear and usage, environmental conditions, accident, misuse, improper installation, modification, use of unauthorized replacement parts, storage or handling, negligence of you or any third party, or any other cause not the fault of the Company. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY DRIVER FOR THE PRODUCTS. CERTAIN PRODUCTS MAY BE SUBJECT TO SEPARATE WARRANTY. DRIVER ASSUMES NO OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE PRODUCTS. DRIVER DOES NOT AUTHORIZE THE SELLING DEALER OR A DISTRIBUTOR OR ANY OTHER PERSON OR ENTITY TO ALTER, AMEND, EXPAND, EXTEND OR OTHERWISE CHANGE THIS LIMITED WARRANTY IN ANY MANNER. THE LIMITED WARRANTY IS IN LIEU OR ALL OTHER WARRANTIES AND REPRESENTATIONS, STATUTORY OR OTHERWISE, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH WARRANTIES ARE EXPLICITLY DISCLAIMED.
FORCE MAJEURE: Driver shall not be liable for delays, impairments of performance or non‑performance resulting in whole or in part from acts of God, severe weather conditions, strikes, lockouts and other labor disruptions, fires, terrorism, pandemic, war conditions, accidents, foreign or domestic governmental decrees, controls or other actions, embargoes, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials or any other circumstances or causes beyond Driver’s control in the conduct of its business.
GOVERNING LAW AND DISPUTE RESOLUTION: These Terms will be construed according to the laws of the State of Arizona without regard to its conflicts of laws provisions. All actions or proceedings in any way, manner or respect arising out of or related to the Goods will be litigated only in state or federal courts, as appropriate, located in Phoenix, Arizona. Buyer consents and submits to jurisdiction in the State of Arizona and waives any right to transfer the venue of any such action or proceeding.
LIMITATION OF LIABILITY: Under no circumstances will Driver be liable to Buyer or any other party for costs, damages, claims or other liabilities in excess of the price paid for the Goods.
WAIVER: Driver’s failure at any time to require performance by Buyer of any provision of these Terms will in no way affect Driver’s right to require such performance at any time thereafter, nor will Driver’s waiver of Buyer’s breach of any provision of these Terms constitute a waiver of any succeeding breach of the same or any other provision. Any waiver of any of the terms of these Terms must be in writing signed by Driver.