Agreement between user and www.GryphonSafety.com
The www.GryphonSafety.com website (the “Site”) is comprised of various web pages operated by Gryphon Safety Equipment, Inc. (“Gryphon Safety”). www.GryphonSafety.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.GryphonSafety.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. www.GryphonSafety.com is an E-commerce Site.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Gryphon Safety is not responsible for third party access to your account that results from theft or misappropriation of your account. Gryphon Safety and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. We are committed to protecting children’s privacy on the Internet and we comply fully with the Children’s Online Privacy Protection Act (COPPA). We do not knowingly collect personally identifiable information from children under the age of 13. If a child has provided our website with personally identifiable information, we ask that a parent or guardian call us at (786) 452-6565 or email us at Infor@GryphonSafety.com and we will delete the information about the child from our files immediately.
If for any reason, you are not satisfied with a product you receive from Gryphon Safety, please call for shipping instructions and return it within 30 days for a full credit excluding shipping cost. The return of custom and made to order products is only subject to return misprinted or defective and will require prior authorization. Buyer must contact Gryphon Safety for confirmation and shipping instructions prior to returning any products. All returns must be shipped prepaid, unused, in resalable condition, and are subject to inspection for damage or misuse prior to issuance of a credit or refund. Products not returned within 30 days of receipt will be subject to 25% restocking charges or refused all together it’s up to Gryphon Safety discretion.
Gryphon Safety is the legal and rightful owner of the Products or that it is legally licensed and/or authorized to sell and/or distribute Products being purchased hereunder. All Products delivered hereunder will be free and clear of all defects of any kind.
Customers acknowledge that Gryphon Safety is not the manufacturer of any of the Products purchased hereunder. Other than the warranties set forth above, any warranty with respect to the Products must come from the manufacturer. There are no warranties which extend beyond those described. Gryphon Safety will pass through to customers any applicable warranties of the manufacturer to the extent permissible. Notwithstanding anything to the contrary, Gryphon Safety’s liability is limited to the replacement value of the Products and no more than that.
THIS WARRANTY SUPERSEDES ALL INCONSISTENT PROVISIONS OF ANY AND ALL PURCHASE ORDERS, INVOICES, ACKNOWLEDGMENTS, OR OTHER WRITINGS OR STATEMENTS, WRITTEN OR OTHERWISE. GRYPHON SAFETY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND PRODUCT LIABILITY, SPECIFICALLY INCLUDING THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
Notwithstanding anything to the contrary, in no event will Gryphon Safety be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, including without limitation loss of data or its use, loss of profits, loss of business, or other economic damages, even if advised of the possibility of such loss or damage.
You agree to indemnify, defend and hold harmless Gryphon Safety, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Gryphon Safety reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gryphon Safety in asserting any available defenses.
If the order is not paid in full at the time of placement, payment is due and payable net 30 days from the date of invoice. Late payments shall be assessed a late payment charge at the rate of 1 1/2% per month, but in no event to exceed the maximum allowable by law. There shall be a $30.00 fee payable on all return checks.
Customer shall be responsible for any state or local tax not collected at the time of sale (excluding sales tax collected by Gryphon Safety that will reflect on income statement) that results from the transfer of title or sale or delivery of the Products purchased hereunder unless a valid and correct tax exemption certificate is furnished to Gryphon Safety prior to delivery.
If collection be required by Gryphon Safety on any account, Customer shall be liable for all costs and attorney’s fees incurred in such collection effort whether litigation is required or not.