Terms & Conditions

 

Updated November 2018

 

THESE TERMS OF USE ARE PROVIDED BY SAFETY EXPRESS LTD. ("SAFETY EXPRESS," "WE," "OUR," OR "US") TO GOVERN YOUR ACCESS TO AND USE OF WWW.SAFETYEXPRESS.COM or other sites of SAFETY EXPRESS and its affiliates or subsidiaries ("WEBSITE"). PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING OUR WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE AND ACCEPT THESE TERMS OF USE, YOU MUST EXIT THE WEBSITE IMMEDIATELY.

 

CHANGES TO THE TERMS OF USE

 

Safety Express reserves the right, at any time and without notice, to modify these Terms of Use by revising them on the Website. By continuing to access or use the Website, you agree to be bound by the revised Terms of Use. You may not modify these Terms of Use except in a writing signed by us.

 

PERMITTED USE OF THE WEBSITE

 

The information and materials on the Website are provided for general informational purposes. You may use the site solely for the purpose of learning about and/or purchasing Safety Express services or products. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Website for any other purpose.

 

USER SUBMITTED CONTENT

 

We may, from time to time, allow you to post content to the Website. Safety Express does not and cannot review all such content, and you remain solely responsible for such content. You will not submit any content that contains viruses, harmful computer code, or is illegal, false, misleading, defamatory, harassing, racist, biased, threatening or violates the rights of any party or which may otherwise give rise to liability or violate any law.

 

Safety Express reserves the right to block, remove or modify user submitted content for any reason, including if we believe it violates these Terms of Use or our policies.

 

THIRD PARTY LINKS

 

Safety Express may link to sites operated by third parties. These links are available only for convenience and for no other purpose. Safety Express has no control over these linked sites and does not warrant or make any representation about the content, products or services on such third party sites. Safety Express specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

 

A link to a third party site on the Website does not constitute sponsorship, endorsement, approval or responsibility for any third party site.

 

PURCHASES

All purchases of products from Safety Express are subject to our standard credit approval process and our standard Terms and Conditions of Sale ("Terms of Sale"). Any terms and conditions in any purchase order or other documentation that is not provided or otherwise approved in writing by Safety Express which are different from or in addition to the Terms of Sale are hereby rejected and of no effect.

 

PRODUCT RETURN POLICY

At Safety Express, our priority is your satisfaction. If you're not completely satisfied with your purchase, we're here to assist you with returns. Please review the following guidelines to understand our return process:

 

Return Eligibility:

Contact Us: If you're unsatisfied with your purchase for any reason, please get in touch with Safety Express.

Timely Returns: Returns will be accepted for unopened products in their original packaging within 15 days from the date of purchase.

Restocking Fee: Items returned after 15 days will be subject to a 20% restocking fee.

Time Limit: Returns cannot be accepted for products purchased more than 45 days prior to the return request.

 

Non-Eligible Returns:

Products classified as non-stock or special-order items are ineligible for return to Safety Express.

 

Return Authorization:

Request Authorization: To initiate a return, you'll need a return authorization number from Safety Express. This is a crucial step for a smooth return process.

How to Obtain: You can acquire a return authorization number by contacting your local branch or calling our toll-free number at (800) 465-3898.

 

Exceptions:

Damaged Items: If you receive a damaged item, please notify Safety Express within 15 days. We will promptly provide an exchange for the exact item during this period. After 15 days, the product will be repaired in accordance with the manufacturer's warranty.

Extraordinary Events: Safety Express will not accept returns on high-volume purchases made during catastrophic events like floods, fires, tornadoes, earthquakes, hurricanes, etc. Safety Express reserves the right to determine if such an event has occurred.

 

Return Freight Charges:

Convenient Locations: Returns can be processed at Safety Express stores nationwide.

Pickup Option: If needed, you can arrange for the pickup of returns at your expense.

We appreciate your understanding of our return policy, designed to ensure that your experience with Safety Express continues to meet your expectations. If you have any questions or need further assistance, please don't hesitate to reach out to us. Your satisfaction remains our top priority.

 

SHIPPING & FREIGHT TERMS

 

Freight charges will apply unless otherwise agreed to by Safety Express. For special order, non-stock products, and factory direct orders, freight charges may apply regardless of shipping location. Not all cataloged items are stocked in every warehouse, therefore additional shipping time and charges may be required. In times of rising fuel prices, we reserve the right to add a fuel surcharge on all shipments.

 

CLAIMS AND RETURN GOODS POLICY

 

Safety Express reserves the right to charge a restocking fee on returns for reasons other than defective merchandise or shipping errors. Returns will be subject to the terms and conditions from our suppliers, including freight charges. A return authorization number is required for any return. Please contact your local Branch or the Customer Service Department for a return authorization number. We carefully fill and pack every order. In the rare event an item is missing or received damaged, please call the Customer Service Department. Special order and non-stocked items are considered NOT RETURNABLE to Safety Express.

 

PAYMENT TERMS

 

The extension of credit to the Purchaser by the Company shall be at the sole discretion of the Company and, where extended, unless otherwise advised in writing by the Company, the Company requires payment in full within thirty (30) days of the end of the month in which shipment of the Goods occurs or as otherwise specified in the invoice. For Purchasers without approved credit, all sales are made on condition that Purchaser make payment in advance at the time of order. Payments shall be in Canadian dollars. Most major credit cards are accepted.

 

COMMODITY TAXES

 

Prices for items purchased from Safety Express, do not include applicable taxes, such as Goods and Services Tax, Provincial Retail Sales Tax, Harmonized Sales Tax or other similar taxes levied in any jurisdiction. When required by law, Safety Express will collect such taxes and remit same to the appropriate governmental authority. Safety Express must be informed of the tax exempt status of any particular order, and provided with the requisite details at the time the order is made, failing which all orders are otherwise presumed to be taxable.

 

PRICING

 

Prices on the Company website are for the product shown and do not include applicable taxes or freight charges. You may contact your sales or customer service representative for final pricing and availability for any item. Call 1-800-465-3898 to reach any branch location.

 

PRODUCT SALES

 

Terms of product sales are FOB Shipping Point, when utilizing a common carrier for delivery. In the event that Safety Express delivers product to a customer (not common carrier) then title to the product passes to the customer upon delivery.

 

ERRORS

 

We do not warrant that product descriptions or other Website content is accurate, complete or error-free. Prices and promotions are subject to change. In the event that a service or product is mistakenly listed at an incorrect price or with incorrect specifications, Safety Express reserves the right to refuse or cancel any orders placed for product or service listed incorrectly.

 

DISCLAIMER - WARRANTY

 

THE WEBSITE, ITS CONTENT, MATERIALS, SERVICES AND PRODUCTS ON THE WEBSITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SAFETY EXPRESS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

Safety Express does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes the Website available are free of viruses or other harmful components. Safety Express does not make any warranties or representations regarding the use of the materials in the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Safety Express does not make any warranties or representations regarding the security of your personal information. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

 

INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless Safety Express, its subsidiaries, affiliates, officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

 

LIMITATION OF LIABILITY

 

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER SAFETY EXPRESS, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS EMPLOYEES, AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

 

PRIVACY

 

Safety Express's Privacy Policy can be found by clicking here, and is incorporated and made part of these Terms of Use.

 

TRADEMARKS

 

We own Safety Express and other trademark and tradenames contained on the site related to our company. Other trademarks on the site for our suppliers, distributors, customers and other business partners are owned by those respective companies. These marks may not be used on any product or service without our consent or the consent of the respective trademark owner.

 

COPYRIGHT

 

Copyright © 2018, Safety Express Ltd. ALL RIGHTS RESERVED.

 

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Safety Express or its content suppliers and protected by applicable copyright laws. The compilation of all content on the Website is the exclusive property of Safety Express and protected by applicable copyright laws. All software used on the Website is the property of Safety Express or its software suppliers and protected by applicable copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the site.

 

COPYRIGHT COMPLAINTS

 

Safety Express respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us by email or the mailing address below.

 

GOVERNING LAW AND JURISDICTION

 

These Terms of Use and your use of the Website are governed by the laws of Ontario and the federal laws of Canada applicable to Ontario and the courts of Ontario will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Website or in which these Terms of Use and/or the Website are a material fact.

 

ASSIGNMENT

 

This Terms of Use may not be assigned or transferred by you, but Safety Express may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

 

QUESTIONS AND COMMENTS

 

If you have any questions or comments about the Website or these Terms of Use, please contact us by e-mail at info@safetyexpress.com or by mailing us at the following address:

 

Safety Express Ltd.

D1-3680 Odyssey Drive

Mississauga, ON L5M 0Y9