Terms and Conditions
Welcome to store.thompson-safety.com. By accessing or using our website, you agree to comply with and be bound by the following terms and conditions. Please read them carefully.
1. Condition of Purchase. To the extent there is not already an existing contract signed by you (“Customer”) relating to the sale of services and products (collectively, “Products”), the Return Policy and these Standard Terms and Conditions comprise the complete and final agreement (the “Contract Documents”) relating to the purchase of Product by Customer from Company. Company expressly rejects any terms or conditions contained in Customer’s purchase order, or any other document or instrument issued by Customer that is not agreed to in writing by Company. All purchase orders are subject to acceptance by Company.
2. Privacy Policy. Your use of the site is also governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. Please review our Privacy Policy at Privacy Policy – Thompson Safety (thompson-safety.com) to understand our practices regarding personal information.
3. Products and Services. All products and services listed on store.thompson-safety.com are subject to availability. We reserve the right to limit quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change without notice at any time.
4. Pricing and Payment. We strive to ensure that pricing information on the website is accurate. However, we cannot guarantee that prices will be free from errors. In case of an error in pricing, we reserve the right to cancel any orders placed for products listed at the incorrect price. We accept payment through various methods as indicated on our website. Your order will only be processed once payment is confirmed.
5. Payment Terms and Taxes. Payments for each order shall be made in U.S. dollars no more than net 30 days from the date of Invoice and shall be made via check, money order, wire transfer or ACH. Unless specified otherwise on the face of the Invoice, Customer shall be responsible for all federal, state, and local taxes, including income, excise, use, and sales taxes, and customs and import duties. Accounts delinquent over 30 days will be charged at a rate the lesser of (i) 2% per month (or 24% per annum) or (ii) the maximum amount permitted by law. Accounts past due 45 days revert to C.O.D status.
5. Order Acceptance and Cancellation. We reserve the right to refuse or cancel any order at our discretion, for reasons including but not limited to the availability of the product, errors in the description or price of the product, or for other reasons. If we do cancel your order, we will notify you and refund any payment received.
6. Shipping and Delivery. Our shipping policies are outlined in our Shipping Policy section. We strive to deliver products in a timely manner; however, delivery dates are estimates and not guaranteed. We are not responsible for delays beyond our control.
7. Returns and Refunds. Please refer to our Returns and Refunds Policy for information on how to return products and receive refunds. This policy is incorporated by reference into these Terms of Service.
8. Intellectual Property. All content included on this site, such as text, graphics, logos, digital downloads, and data compilations, is the property of Thompson Safety or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Thompson Safety, with copyright authorship for this collection by Thompson Safety, and protected by international copyright laws.
As a licensed reseller for various vendors, Thompson Safety reserves the right to use content, images, logos, and other media provided by these vendors as part of our product listings and marketing efforts. All trademarks, service marks, logos, and brand names featured on this site are the property of their respective owners.
Any unauthorized use of the materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Thompson Safety or the respective trademark holder, is prohibited.
9. Compliance with Laws. Customer warrants that: (i) it will comply with all applicable laws, statues, rules, and regulations, including the U.S. Foreign Corrupt Practices Act; (ii) it is not in violation of any laws relating to terrorism or money laundering; and (iii) it does not sell products to “Prohibited Persons” as defined by the U.S. federal government or to any person or entity who is, or is affiliated with, a designated terrorist, or is associated with terrorism or money laundering. In addition, Customer represents that all purchases under the Contract Documents are for Customer’s “own use” and will not be sold or distributed to a third-party.
10. Warranty. Any warranty on the Products are those of the manufacturer and not of Company. COMPANY OFFERS NO EXPRESSED OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTIBILTY OR FITNESS FOR A PARTICULAR PURPOSE. This section shall also apply to both Products and Equipment, if any, placed under any Rewards/Free Use Program offered by Company.
CUSTOMER’S EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY OR FOR ANY BREACH OF THE CONTRACT DOCUMENTS SHALL BE, AT COMPANY’S OPTION, TO REPAIR OR REPLACE THE PRODUCT, OFFER A CREDIT OR OFFER A REFUND.
11. Medical Disclaimer. Company shall not be responsible for any liabilities arising out of the failure of Customer to comply with applicable laws and regulations. Customer shall ensure that all Products, whether purchased from Company or a third party, are maintained in accordance with manufacturer guidelines and in accordance with local and state laws, to the extent applicable. This includes properly maintaining AED units, conducting regular readiness checks, and ensuring AED equipment has current electrode pads and batteries. Nothing herein shall imply that Company will be responsible or liable for Customer’s failure to properly manage and maintain its AED equipment. Many AEDs require a prescription to purchase. Company provides prescriptions free-of-charge where applicable and includes a copy with your order. The prescription facilitates the purchase of your AED, but may not meet all federal, state, or local requirements for deploying the AED on your premises. By accepting the prescription(s) and AED, you agree to be responsible for complying with all legal requirements for AED placement. This includes, but is not limited to, medical control and oversight, ongoing CPR/AED training, event review, policy and procedure updates, equipment maintenance, and ongoing AED program compliance. Some states require those who purchase AEDs to obtain medical direction and oversight for their AED programs to quality for benefits of local Good Samaritan laws. Upon request, Company has compliance assistance programs with respect to such laws.
12. User Conduct. You agree to use the website only for lawful purposes. You are prohibited from using the site to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable material of any kind.
13. Limitation of Liability. In no event shall Thompson Safety, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the website; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from our website; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our website by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the website; and/or (vi) the defamatory, offensive, or illegal conduct of any third party.
14. Force Majeure. In the event that either party is prevented from performing or is unable to perform any of its obligations under the Contract Documents (other than payment of amounts due hereunder) due to any Act of God, fire, casualty, flood, war, strike, lockout, epidemic, destruction of facilities, riot, insurrection, or any other cause beyond the reasonable control of the party invoking this Section, such party’s performance shall be excused and the time for the performance shall be extended for the period of the delay or inability to perform due to such occurrences.
15. Waiver of Jury Trial. CUSTOMER AGREES TO WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN THE RESOLUTION OF THE DISPUTE OR CLAIM, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, BETWEEN ANY OF THE PARTIES OR ANY OF THEIR RESPECTIVE AFFILIATES ARISING OUT OF, CONNECTED WITH, RELATED TO OR INCIDENTAL TO THIS AGREEMENT.
16. Governing Law. These Standard Terms and Conditions will be governed by and construed in accordance with the applicable laws of Texas, without giving effect to the principles of that State relating to conflicts of laws. Each party irrevocably agrees that any legal action, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the state or federal courts in Houston, Texas.
17. Changes to Terms. Thompson Safety reserves the right, in its sole discretion, to modify or replace these Terms at any time. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes to these Terms constitutes acceptance of those changes.
18. Miscellaneous. No course of dealing between the parties or any waiver of a breach of any provision of the Contract Documents shall constitute a waiver of any other breach of such provision. Should any provision of the Contract Documents be held invalid or unenforceable, the remaining terms will remain in full force and effect, consistent with the terms of the Contract Documents taken as a whole. Each party shall be deemed an independent contractor of the other. Neither party shall be deemed an agent of the other.
19. Contact Information
If you have any questions about these Terms, please contact us at Support@Thompson-Safety.com