Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS:

All orders placed acknowledges acceptance of the terms and conditions. All users of our eCommerce site(s), phone orders, and all other transaction methods with Eco Safety Products, (ESP), are subject to the following terms and conditions and other applicable law. 

Warranty Disclaimer
All materials and products provided are covered by a one year limited warranty against manufacturer product defect from the date of manufacture. Any defect claim must be reviewed and confirmed by ESP's quality control procedures and tests against lot/batch retains to confirm any unacceptable variations against manufacturer established tolerances. All other conditions will be sold "as is" and without warranties of any kind, whether express or implied unless otherwise stated in writing by the product manufacturer. To the fullest extent permissible pursuant to applicable law, ESP disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. ESP does not make any warrantees or representations regarding the use of the materials listed on our website(s) or in print, in terms of their correctness, accuracy, adequacy, usefulness, timeliness, and reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. All products deemed defective by the manufacturer will be covered by a replacement policy for actual defective materials only and does not cover loss of time, labor, or expedited delivery.

Copyright

The entire contend included in our website and all other forms of communication including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of ESP or its respective owners. The collective work includes works that are licensed to ESP. Copyright 2016, Eco Safety Products ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of our website for the sole purpose of placing an order with ESP or purchasing ESP products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site for use in promoting sales of the product(s), or to place an order with ESP. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by ESP. You further agree not to change or delete any documented materials provided to or downloaded from our website.

Trademarks

All trademarks, service marks and trade names of ESP used in our website or made available to the dealer or installer are trademarks or registered trademarks of ESP.  

Limitation of Liability
ESP shall not be liable for any special or consequential damages that result from the use of, or the inability to use the materials or the performance of the products, even if ESP has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Title of Goods

Title of goods sold remain the property of ESP until full payment is received for the order(s), in which such time the title of goods is transferred to the purchaser. Delinquent or collection accounts may be subject to applicable property or construction liens to secure payments due.

Return Policy
We want you to be fully satisfied with your product purchase at www.ecosafetyproducts.com, and understand there may be circumstances which require you to request a refund or exchange. Product returns or exchange requests must be made in writing within 30 days of product purchase date. All requests must be approved with a Return Material Authorization (RMA) number and instructions from ESP to ensure proper processing. Important note: All tinted products such as paints, coatings, stains, etc., are considered custom orders and are not eligible for return or refund. No overstock returns without pre-authorization and project review. Special projects or large order conditions will have its own stated policy where applicable. Approved returns are charged a flat restocking fee of 20% of the original product purchase price which includes all of our associated processing costs, giving our customers clear transparency of expected refunds without hidden charge surprises. The restocking fee will be waived under the following conditions: a) ESP delivered the wrong products and is advised in writing within 15 days of purchase. b) Products ordered are determined to be defective by the manufacturer. c) Customer wishes to receive the approved refund as store credit. Please allow up to 14 days from the date of RMA product inspection to receive your refund or store credit confirmation.

Cancellation Policy
Customer may cancel or postpone any or all Products on order as long as it is prior to the processing stage of the order. Cancellation must be in writing and confirmed by ESP. If Products have already been tinted, custom formulated, or manufactured to order, no cancellations are accepted. If order has to be repacked or disassembled, or due to size of order surpasses current Company stocking levels, such cancellations will incur a 15% restocking fee.

Shipping
Orders generally ship within 1 to 2 business days; large pallet orders projected ship date will be communicated after receipt of order.If order is time sensitive, ESP must be advised of required by date & time. All orders must contain a valid ship to street address. Any restrictions to ship to address must be communicated to ESP for LTL shipments as Carriers options may vary. Carriers do not ship to P.O. Boxes; Exception: USPS mail option for applicable orders.All delivery time estimates are always based upon business days Monday-Friday, excluding holidays. Expedited orders and the carriers estimated delivery time is determined from the actual date of shipment. Deliveries to Commercial address or LTL/FTL require signature; for residential deliveries that are in risk of cold weather environment or theft advise ESP for “Signature Required” when placing order.

Damaged Products 
All items are provided to the carrier in good condition. Products shipped by methods other than LTL/FTL will run higher risks of product packaging damage by nature of these forms of carrier services (FedEx, UPS, DHL, etc). If packaging integrity is important for display, LTL/FTL method of shipment is highly advisable. If you receive a package that is damaged and you do not want to accept the package in that condition, refuse shipment for that package and then notify Eco Safety Products immediately. If damage occurs to limited packages on an LTL/FTL shipment, detailed notations is required on the delivery documents. Do not sign for damaged packages without noting the damage on the shipping documents or your claim will be rejected. We have very limited recourse or probability of claim reimbursements for standard “no signature required” deliveries. Eco Safety Products nor the carrier will pay to expedite reshipments for properly reported damaged products, unless your original order included expedited delivery, and that you did not sign for the damaged shipment.

Product Shortage
Eco Safety Products is not responsible for product shortage if the customer has signed and accepted shipment without reporting the discrepancy on the shipping documents, unless records indicate an error on our part. Should you report shortage after accepting the shipment, our only recourse for replacement is to charge for the reshipment and process approved credits only if the carrier has accepted the claim. All shipments are delivered with insurance; however, claim reimbursement is always at the discretion of the carrier in which we have no control.

Frozen Products
Carriers such as FedEx, UPS, DHL, will not guarantee freeze protection during the cold weather months. Some LTL/FTL carrier will offer freeze protection service with a nominal surcharge. Many water-based products may be damaged if frozen and neither the carrier nor Eco Safety Products can be held responsible for such damage. Should you elect to have your package delivered during the cold weather months: a) to non-commercial address, at a minimum advise ESP that “Signature Required” to ensure someone will be available to receive the package to avoid extended storage on the truck or left outside; b) request ship date at beginning of week so order is in transit during business week; and/or c) ship via expedited method.

Indemnification
You agree to indemnify, defend, and hold harmless ESP, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person conducting business on your behalf.

Typographical Errors 
In the event that an ESP product or ship fee is mistakenly listed at an incorrect price, ESP reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. ESP reserves 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 cancelled, ESP shall issue a credit to your account or credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your placing an order via phone, fax, email or by accessing the website(s) and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by ESP without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
ESP may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to ESP.

Third Party Links
In an attempt to provide increased value to our visitors, ESP may link to sites operated by third parties. However, even if the third party is affiliated with ESP, ESP has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ESP. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ESP seeks to protect the integrity of its website and the links place upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Miscellaneous
Your use of our website and all methods of transactions with Eco Safety Products shall be governed in all respects by the laws of the state of Arizona, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of ESP products) shall be in the state or federal courts located in Maricopa County, Arizona. Any cause of action or claim you may have with respect to transactions made on our website(s) (including but not limited to the purchase of ESP products) must be commenced within one (1) year after the claim or cause of action arises. ESP's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. ESP may assign its rights and duties under this Agreement to any party at any time without notice to you.Use of Website(s)Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including ESP or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
ESP does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, ESP is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, ESP reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to ESP in its sole discretion.