These Terms of Sale may NOT be altered, supplemented, or amended by you via the use of any other document(s) unless otherwise agreed to in a separate written agreement signed by Gripnail. Any use of pre-printed forms, such as purchase orders, is for convenience only. Neither acknowledgment nor return of a copy of Buyer’s purchase order or other form, irrespective of its terms, nor the filling and shipment of such order shall constitute acceptance of such conflicting, inconsistent or additional terms, nor shall they in any way operate to modify, or change the full effect of the terms and conditions herein. No representative of our company has any authority to waive, alter, vary or add to any term hereof without prior approval in writing executed by an officer of our company.
Purchases of Products from the Site are available only in the United States of America and are not available in any other location. You agree not to use or attempt to use the Site from outside of the United States. Gripnail may utilize security technologies to verify your purchase is occurring within the United States. You may place your order on our Site at any time, subject to any planned or unplanned periodic downtime or outage. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Site. Use of the Site, except as permitted in these Terms of Sale, is strictly prohibited.
By placing an order through the Site, you are entering into an agreement to make purchases electronically.
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND THAT YOU INTEND TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
1. PRICES AND TERMS OF PAYMENT
A. Prices, freight policy and terms of payment relating to products are published on the Site. Prices offered on the Site are quoted in U.S. Dollars. Gripnail does not accept checks, drafts, or money orders for orders submitted through the Site. We do accept major credit cards but we reserve the right to require cash with order on any order. You will bear all costs associated with a disputed credit card charge which results in action from Gripnail’s merchant account provider, otherwise known as “chargebacks”. All payments are to be made in United States funds at par. Gripnail is not responsible for typographic or other errors on the Site. If the amount you pay for an item is obviously incorrect, regardless of whether it is an error in a price posted on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred.
B. Prices listed are net prices and are subject to change without notice. The prices shown herein may be withdrawn at any time prior to receipt and acceptance of your order at our plant. The prices at which we invoice will be those in effect at the time of shipment. Such prices do not include shipping and handling, expedited service, or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for any shipping and handling charges that may apply to your order. You agree to pay interest on all past-due sums at the highest rate allowed by law.
C. Taxes: Unless otherwise indicated no Sales, Use, Retailers Occupations, Service Occupation, Service Use or other similar taxes are included in our prices. Buyer is responsible for any state and local sales, use or other such taxes that may apply to your order. The amount of any such taxes which are paid or payable or assessed, in connection with any order and which are not specifically stated as being included in the purchase price, shall be paid by the Buyer to us or, if authorized by law, by the Buyer directly to the taxing authority.
D. Product Description; No Refunds or Exchanges: We attempt to describe the items offered on the Site as accurately as possible. However, Gripnail does not warrant that the descriptions or other content on the Site are accurate, current, complete, reliable, or error-free. All sales made through the Site are final. Refunds or exchanges for items purchased through this Site are governed by the terms described in this Agreement.
2. ORDER ACCEPTANCE/STATUS
Orders shall not be deemed accepted until approved acknowledged by Gripnail. Gripnail will send you a confirming email within two (2) business days. By placing an order with Gripnail, you consent to receive email from us regarding your order. You can always contact us at 1-800-474-7624 if you have any questions concerning your order.
A. The time of delivery named by us is the date of shipping from our plant or warehouse provided that shipping dates provided by Gripnail are estimates only. We will not be liable for delays in production, delivery or any failure to perform any of its obligations under this Agreement caused by any reason beyond our control, including but not limited to acts of God, casualty, civil disturbance, labor disputes, transportation or supply difficulties, any interruption of our facilities, or act of any governmental authority and the time for delivery specified herein shall be extended during the continuance of such conditions and for the reasonable time thereafter.
B. Gripnail may invoice or ship parts of an order separately. All shipments are F.O.B. our plant E. Providence, Rhode Island. We are not responsible for damage to or loss of products after delivery to the transportation company. If you should have a claim against the transportation company, however, we will afford reasonable cooperation in attempting to secure an adjustment when so requested.
C. We reserve the right to decide how to pack or ship unless specific written instructions are given.
D. Where shipment from stock is indicated, material is subject to prior sale.
4. FREIGHT CHARGES
A. Freight charges will be prepaid and invoiced to the customer by us on shipments (unless otherwise specified).
B. Premium rate services such as express (rail or air), airfreight, etc, and special routing will be utilized only when specified by customer. Additional or special freight charges will be prepaid and invoiced to the customer.
C. Shipments which are picked up by customer will not be subject to freight charges.
5. BOXING AND CARTAGE
No charge is made for boxing or crating required by transportation company for domestic shipment. Cost of special boxing, export boxing, cartage to steamer or transfer expenses will be added to the invoice unless such charges are identified as included in the price quoted.
6. DESIGNS, DIMENSIONS DISPLAY AND WEIGHTS
Because we are constantly improving our product, the designs, dimensions, and weights shown on our Site, while sufficiently accurate for most purposes, are subject to variation. If extreme accuracy is required, additional information and certification will be provided upon request after receipt of order. We have made every effort to display the items featured on this Site as accurately as possible. Please note, however, that the colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect the visualization of our products as actually seen on the screen. The Site cannot be responsible for the limitations of your monitor’s display of any color or detail.
A. We guarantee the material and workmanship going into our products to be of good quality and in conformity with the best commercial practice. All products are inspected before shipment.
If, within one (1) year of delivery, we receive a report of defects in material or workmanship existing at the time of delivery, we will furnish replacements for such parts as we find to have been defective. THE FOREGOING IS IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED, AND THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE PRODUCTS. Damage or breakage due to use contrary to Gripnail’s instruction, ordinary wear and tear, misuse, abuse, negligence, accident, unauthorized repair, acts of God, or modification of, or to any part of any Gripnail product is not covered by the warranty.
B. It is expressly understood that our liability is limited to the furnishing of such replacement parts, and that we will not be liable for any other expense, injury, loss or damage, whether direct or consequential, arising in connection with the sale or use or inability to use our products for any purpose. GRIPNAIL WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, OR FOR ANY LIABILITY FOR THE UNAVAILBAILITY OF PRODUCTS OR SERVICES, LOST PROFITS OR SAVINGS OR LOSS OF BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO PRODUCTS SOLD ON THE SITE IS HEREBY DISCLAIMED.
C. You agree that, in any event, for any liability arising from or related to the purchase of any products pursuant to this agreement, GRIPNAIL SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES BEYOND THE SUM EXPENDED BY BUYER RELATED TO SUCH PURCHASE.
8. GOVERNING LAW
This Agreement, any sales thereunder, or any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present, or future, and including statutory, common law, and equitable claims) between Buyer and Gripnail arising from or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this agreement, Gripnail’s advertising, or any related purchase shall be governed by the laws of the state of Rhode Island without regard to conflicts of laws rules.
To the fullest extent permitted by law, you will indemnify, defend, and hold Gripnail harmless, including Gripnail’s officers, directors, agents, employees, subsidiaries, affiliates, parents, successors and assigns, from any claim, demand, cause of action, debt, or liability (including reasonable attorneys’ or legal fees, expenses, and court costs) that relates to: (a) your modification of or addition to Gripnail products; (b) your breach of this Agreement; (c) your omission, misrepresentation or negligence; (d) warranties you provide to end users outside the terms of this Agreement with respect to Gripnail products; or (e) damages to third parties pertaining to Gripnail products sold by you to the extent that such claim is based on (i) Buyer’s modification of or addition to Gripnail products; (ii) Buyer’s failure to abide by all applicable laws, rules, regulations, and orders that affect Gripnail products; (iii) your omission, misrepresentation, or negligence; or (iv) intentional harm to any person or property caused by you.
Suspension or cancellation of orders may be made only upon our written approval and on terms that will indemnify us against all loss. We reserve the right to cancel an order or transaction, in whole or in part. If you breach the provisions of this Agreement or the terms of any offer, Gripnail may charge or re-debit your account or credit card the price for your purchase.
11. RETURN OF GOODS
No goods will be accepted for return unless authorized in writing by us. All goods returned will be subject to a 25% restocking charge, returned within one year of purchase and freight prepaid unless otherwise specified.
The section headings used in these Terms of Sale are for convenience of reference only and do not form a part of this Agreement. No construction or inference shall be derived therefrom. If any provision of this Agreement is void or unenforceable, the remainder of these Terms and Conditions will remain in full force and will not be terminated.
To give notice under this Agreement, your notice must be in writing and sent by postage prepaid first-class mail, receipted courier service to: Gripnail Corporation, 97 Dexter Road, East Providence, RI 02914. Notice to you may be sent to you by postage prepaid first-class mail, receipted courier service, facsimile telecommunication or electronic mail to the address and contact information provided by you in connection with your order and/or use of the Site.
14. WEBSITE INFORMATION
Gripnail does not sell or share any of the information collected on this site.
Effective Date: January 2010