Terms & Conditions

Empire Safety, a California corporation (“we,” “our” and “us”), asks that customers and other visitors to our Web Site, www.EmpireSafety.com (“Site”), review these Terms & Conditions, which govern orders placed with us as well as the use of our Site. By using this Site, you accept and agree to be bound by these Terms & Conditions, along with our Shipping Policy and Privacy Policy, which we incorporate into the Terms & Conditions by this reference.

We accept Visa, MasterCard, Discover, and American Express. Purchase Orders are accepted on approved credit only. Contact us for details.

All prices herein are subject to change without notice. We reserve the right to change prices due to market changes or pricing errors. We are not responsible for pricing errors. Prices are not confirmed until we accept orders. Quotation prices on large quantities or items not found in our catalog may be provided on request; please contact a customer service representative for assistance.

We charge state and local tax on items sold to customers in California unless they have provided a sales tax exemption certificate.

For customers with established credit, terms are net 30 days from the date of our invoice. If credit is not established, please purchase through American Express, Visa, Discover, or MasterCard. Cash or anticipation discounts are not allowed. All payments must be in US dollars.

Customers with credit balances must either apply them to new purchases or request a refund within one year. Otherwise, any balance remaining will be subject to cancellation, and we will have no further liability.

Please contact our Customer Service Department, toll free, at 1-800-995-1341, or email us at custserv@empiresafety.com, to return goods within 30 days of shipment. A Return Authorization Number must be issued by a customer service representative prior to returning any merchandise and must be clearly and conspicuously marked on the outside of each box returned. Custom orders are not returnable unless they are our mistake. For any damaged shipments, please note in detail the damage on the delivery receipt.

Refunds of shipping costs vary depending on the reason for the return. If the reason for the return was due to the product being damaged, mis-shipped, defective, expired, or otherwise unusable, Empire Safety will refund any shipping costs paid by the customer, including the cost to return the item. If the reason for the return was not due to any of the previously listed reasons, the customer is responsible for all shipping costs related to the transaction. Appropriate re-stock/handling charges will be charged on all returns. The restock charge will vary depending on product. Please call if you need re-stock charges.

International: For products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter, if appropriate). You are responsible for assuring that the product can be lawfully imported to and used in the destination country. When you order from us, you are the importer of record and must comply with all laws and regulations of the destination country.

The goods we sell are manufactured by others and may be warranted by the manufacturer against defects in material or workmanship. Upon request, manufacturer warranty disclosures will be provided. WE, HOWEVER, OFFER NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. We make no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.

PRODUCT DEFECTS OR MISUSE: TO THE GREATEST EXTENT OF THE LAW, WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECTS OR MISUSE. WE ARE NOT LIABLE FOR ANY INJURY DUE TO PRODUCT MISUSE, OR IMPROPER PRODUCT SELECTION OR APPLICATION. ANY PRODUCT DESCRIPTIONS ON THE SITE DO NOT EXPRESS OR IMPLY A WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES IS EXPRESSLY DISCLAIMED. OUR LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.

THIS SITE IS MADE AVAILABLE “AS IS.” YOU ASSUME ANY RISK OF DAMAGE OR LOSS FROM YOUR USE OF, OR INABILITY TO USE, THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.

You may access and use this Site solely for legitimate business purposes. Any unauthorized access, or attempt to access, any non-public area of our Site or computer system is strictly prohibited.

We welcome links to this Site and permit “web crawlers” to index this Site. Unless we object, you may link to this Site. Generally, you should link to our home page: www.EmpireSafety.com. Links to other pages on the Site are permitted, but you should run an automated link-checker periodically to test the integrity of the links because information, or page structures, may change over time. To request placement of a link on our Web site, please contact us at Webmaster@empiresafety.com.

We make no guarantees, and offer no warranties or indemnities, with respect to external Web sites that may be linked to this Site. Your use of such other sites is at your own risk.

© 2008 Empire Safety. We have and assert a copyright in the contents of the Site. You may use the Site for the purpose of shopping for and purchasing the products that we sell, and you may print or email content from our Site solely for that purpose. You may not otherwise print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained in this Site.

This Site contains our trademarks and service marks and those of third parties. All such marks are the property of their respective owners.

All rights in the intellectual property contained in this Site are reserved. Access to this Site does not constitute a license to register, copy or use any of the intellectual property contained herein. Site users covenant that they will take no unauthorized action to register or otherwise interfere with intellectual property rights

We are not liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, the inability to procure or ship products or to obtain permits or licenses, or any other circumstances or causes beyond our control.

The State of California requires that certain warnings be given concerning products subject to Proposition 65. Some products we carry contain a product known to the State of California to cause cancer, birth defects or other reproductive harm. If you have questions regarding a product we sell, please contact us at custserv@empiresafety.com, by telephone at 1-800-995-1341, or chat with a representative live.

All remarks, suggestions, ideas, graphics or other information communicated to us through this Site will forever become our property. Unless specifically agreed to in writing in advance of any submission, we will not be required to treat the information as confidential. We will have exclusive ownership of the information, without compensation or other obligation of any nature to the person providing the information.

We operate and control this Site from our offices in the State of California, United States of America. Any dispute between us and any customer or any other user of this Site shall governed exclusively by the laws of the State of California, without regard to rules regarding conflicts of law. Any legal action against us must be commenced within one year after the cause of action has arisen even if California law otherwise provides for a longer limitations period. The provisions of the Uniform Commercial Code, as adopted by the State of California, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.

Any dispute between us and a customer, or any other user of this Site, shall be decided by a state or federal court located in Sacramento County, California. Customers and other users of this Site hereby irrevocably consent and submit to the exclusive jurisdiction of said courts, and further agree that any judgment entered in said courts shall be valid and enforceable worldwide.

In any dispute regarding the nonpayment of our invoices, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other legal costs and expenses.

If any provision of these Terms & Conditions shall be deemed illegal or unenforceable, the remaining provisions shall remain valid and enforceable.

No waiver of any breach of these Terms & Conditions shall constitute a waiver of any prior, concurrent, or subsequent beach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by a duly authorized representative of the waiving party.

We may, in our sole discretion and without prior notice, revise these Terms & Conditions and otherwise modify the Site at any time, and the revision(s) shall be effective immediately upon posting. You agree to review the Site periodically to become aware of any revision(s). By continuing to use the Site, you are bound by the posted revision(s).