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Conditions of sale



These are the terms of sale between B&M Industrial Supply Company, LLC (B&M), (“seller”) and the entity that is purchasing goods from seller (“buyer”).  “Buyer” agrees that these terms of sale are applicable to the transactions between “buyer” and “seller”, and agrees to contract with “seller” pursuant to these terms.
By accessing this web site, you (“buyer”) are agreeing to be bound by these terms and conditions of use, all applicable laws and regulations, and agree that you (“buyer”) are responsible for compliance with any applicable local laws.  If you (“buyer”) do not agree with any of these terms, you (“buyer”) are prohibited from using or accessing this site.  The materials contained in this web site are protected by applicable copyright and trade mark laws.  You (“buyer”) certify, represent, and warrant that all purchases made by employees of your (“buyer”) organization utilizing your (“buyer”) account number are authorized purchases of your (“buyer”) organization.  You (“buyer”) acknowledge and agree that it is your (“buyer”) responsibility to verify the protection, security, and the distribution of your (“buyer”)
account number, user names, and passwords associated with purchasing from B&M.  The “buyer” agrees that all liability relating to the use and management of your (“buyer”) password and account number resides with you (“buyer”) and your (“buyer”) organization.  Under no circumstances shall the “seller” be liable for any damages that result from the use of our website.  You (“buyer”) acknowledge that your (“buyer”) purchasing rights may be modified at any time upon notice from “seller”.  Orders are accepted on the basis of terms of sale in effect at the time the order is received by the “seller”.
All claims must be made within 3 days of receipt.  Damages incurred with commercial shipments must be claimed through the common carrier.
Standard terms of payment are 1%10, net 30 days.  If “buyer” fails to comply with these terms or if the “seller” has reason to doubt “buyers” financial responsibility, “seller” may demand full payment immediately and decline to make further sales or deliveries.  “Buyer” agrees to pay any collection costs incurred to collect delinquent amounts, including attorney's fees.
“Buyer” is responsible for any freight cost associated with the delivery of products to its destination and will be pre-paid and added to the “buyer's” invoice.  Any additional charges or services rendered in transit or at the destination will be the responsibility of the “buyer”.  Shipment and delivery dates are
estimates only and are not guaranteed.  In regard to damaged, lost, or short shipments, notify your (“buyer's”) local ups office immediately.  Keep damaged goods and containers for ups inspection. Shippers are not responsible for merchandise damaged or lost by motor freight carriers.  If your (“buyer”) shipment is damaged or short, have it noted on the delivery receipt.  Without making this notation, you (“buyer”) accept the shipment at your own risk.
The materials on B&M's web site are provided “as is”.  The “seller” makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.  Further, B&M does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its web site or otherwise relating to such materials or on any sites linked to this site.  The only warranties applying to materials sold are those specifically provided by the manufacturer.
In no event shall the “seller” or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the “seller's” internet site, even if the “seller” or a B&M authorized representative has been notified orally or in writing of the possibility of such damage. The “seller” is not liable for any damages caused by delay in delivery.
The “seller” has not reviewed all of the sites linked to its web site and is not responsible for the contents of any such linked site.  The inclusion of any link does not imply endorsement by the “seller” of the site.  Use of any such linked website is at the user's (“buyer's”) own risk.
The “seller” may revise these terms of sale/use for its web site at any time without notice.  By using this web site you (“buyer”) are agreeing to be bound by the then current version of these terms and conditions of sale/use.
All prices are in US Dollars.  All prices are subject to change without notice.  Typographical or similar errors are subject to correction.
The “seller” is required to charge state and local tax on items for which a sales tax exemption certificate has not been provided, or does not apply.  “Buyer” shall be responsible to pay the tax, interest and penalty, assessed by authorities.
Any claim relating to B&M's web site shall be governed by the laws of the state of Kentucky without regard to its conflict of law provisions.  General terms and conditions applicable to use of a web site.
Unless the “seller” has erred, returns must be prepaid.  No special make items or items held for more than 30 days are allowed to be returned.  The “seller” reserves the right to determine if the “buyer” has abused the item in question.  The item must be in like new condition.  If it cannot be returned to stock, no credit will be given.