General Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, 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 National Ladder and Scaffold. The collective work includes works that are licensed to National Ladder and Scaffold, Inc, Copyright 2017. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with National Ladder & Scaffold Co. or purchasing national ladder & Scaffold Co. 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 solely for your own non-commercial use, or to place an order with National Ladder & Scaffold Co. or to purchase National Ladder & Scaffold Co. products. 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 National Ladder & Scaffold Co. .. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of National Ladder & Scaffold Co. used in the site are trademarks or registered trademarks of National Ladder & Scaffold Co.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, National Ladder & Scaffold Co. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. National Ladder & Scaffold Co. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. National Ladder & Scaffold Co. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
National Ladder & Scaffold Co. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if National Ladder & Scaffold Co. 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.
Typographical Errors
In the event that a National Ladder & Scaffold Co. product is mistakenly listed at an incorrect price, National Ladder & Scaffold Co. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. National Ladder & Scaffold Co. 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, National Ladder & Scaffold Co. shall issue a credit to your credit card account in the amount of the incorrect price.
Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by National Ladder & Scaffold Co. 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
National Ladder & Scaffold Co. 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 National Ladder & Scaffold Co..
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, 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 National Ladder & Scaffold Co. products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of National Ladder & Scaffold Co. products) must be commenced within one (1) year after the claim or cause of action arises. National Ladder & Scaffold Co.'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. National Ladder & Scaffold Co. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
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 a National Ladder & Scaffold Co. 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
National Ladder & Scaffold Co. 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, National Ladder & Scaffold Co. 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, National Ladder & Scaffold Co. 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 National Ladder & Scaffold Co. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless National Ladder & Scaffold Co., 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 accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, National Ladder & Scaffold Co. may link to sites operated by third parties. However, even if the third party is affiliated with National Ladder & Scaffold Co., National Ladder & Scaffold Co. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of National Ladder & Scaffold Co. National Ladder & Scaffold CoThese linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, National Ladder & Scaffold Co. seeks to protect the integrity of its web site and the links placed 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).
Sales Terms and Conditions
National Ladder & Scaffold Co, Inc. (hereinafter referred to as National) agrees to sell and Buyer agrees to purchase the goods described on the reverse side hereof on the terms and conditions set forth herein, which shall be the only terms and conditions applicable to this agreement. National's acceptance of any order from Buyer is expressly made conditional on Buyer's consent to these terms and conditions. Any terms different from or in addition to tile terms and conditions set forth herenrein are hereby rejected. Buyer may accept this agreement and may purchase the goods described on the other side only on the terms and conditions set forth herein;
1: Delivery: All deliveries shall be F.O.B. National's or vendor warehouses. Buyer shall assume all risk of loss and damage to the goods at the F.O.B. point as aforesaid. National reserves the right to make deliveries in installments.
2: Price and Payment: Buyer agrees to pay the price set forth herein upon delivery of the goods described herein. No discounts are applicable except as noted herein. Buyer agrees to make all payments at National's specified payment address set forth herein. All taxes imposed by any Federal, State or local authority on the sale or use of the goods shall be paid by Buyer.
3: Cancellation: Buyer may not cancel this agreement except with written approval of such cancellation signed by an officer of National. lf National shall consent to cancellation as aforesaid, Buyer agrees to pay to National a cancellation charge to include expenses incurred by National in connection with the execution and performance of this agreement including but not limited to claims asserted by suppliers of National. If payment for goods shipped is not promptly made in accordance with the terms of this agreement, or if the credit or the financial responsibility of the Buyer becomes impaired or unsatisfactory to National, National reserves the right to demand cash or satisfactory security before making shipments On the failure of the Buyer to provide cash or satisfactory security to fully satisfy National's demands, National reserves the right to discontinue making shipments and to cancel the sale, or any part of the sale, thereby terminating all obligations on the part of National for delivery of the goods on or any part of the goods sold. If for any reason beyond its control National is unable to or fails to deliver any item of equipment or material described on the reverse side hereof, National may cancel this agreement as to that item by notifying the Buyer thereof and refunding to the Buyer the price paid by Buyer for that item.
4. Default: In the event that Buyer defaults on its obligation to make payment pursuant to this agreement, National, at its option, may take one or more of the following actions: (a) National may take all reasonable steps required to effect a collection of the monies due National under this agreement in which event Buyer agrees to pay National all such collection costs, including, but not limited to, litigation expenses and counsel fees. (b) National may take possession of goods described on the reverse side hereof, and Buyer agrees to turn over possession of said goods without legal proceedings when demand is made by National pursuant to this paragraph National may at its option sell said goods in a commercially reasonable manner and apply the proceeds of such resell to the amounts owing to National, but Buyer shall in any event remain liable for the outstanding balance of such amount. Buyer agrees to pay National all reasonable costs for taking possession of said goods including, but not limited to, litigation expenses and counsel fees. Buyer agrees that this paragraph is not to be construed as a limitation on the remedies available to National or the liabilities of Buyer but that the remedies set forth herein are in addition to any other remedies available to National under law.
5. Warranty: National honors all manufacturers’ warranties in effect at the time of sale. Labor performed by National is warranted for defects in installation only for a period of ninety (90) days. The liability of National under these warranties is limited to replacement, repair or credit, at National's and or the vendors option, at the price in effect on date of claim for any equipment or material which is returned by the Buyer during the warranty period. In order to permit National to properly administer this warranty, Buyer shall: (a) Notify National within seventy-two (72) hours in writing of any claim; (b) Provide National and or the vendor with an opportunity to inspect and test the product claimed to be defective This warranty constitutes National's sole liability hereunder and is in lieu of any other warranty expressed, implied or statutory, including any warranty of merchantability or fitness for purpose.
6. Limitation of Liability: The liability of National to the Buyer or any other person arising by reason of this agreement or out of the delivery, possession or use of any equipment or material sold to Buyer pursuant to this agreement, whether based on contract or tort, shall be limited to the cost of replacement or repair of defective equipment or materials supplied by National and in no event shall such liability exceed the price of the item supplied by National which is defective. In the event National shall for any reason fail to deliver any item of equipment or materials referred to herein, National's liability to Buyer shall be limited to the price actually paid by Buyer for that item In no event shall National be liable for incidental or consequential damages The foregoing shall constitute the sole remedy of the Buyer against National and the Buyer waives all other remedies against National. Buyer shall bring no action against National for any liability whatsoever before the lapse of sixty (60) days after filing with National an itemized written proof of claim, and not later than one (1) year after the accrual of any claim or cause of action.
7. Waiver: A waiver by National or any default by Buyer of any of the provisions of these terms and conditions shall not be deemed to be a continuing waiver or a waiver of any other default or of any other of these terms and conditions, but shall apply solely to the instance to which the waiver is directed.
8. Applicable Law: This agreement shall be construed under the laws of the State of Michigan. Buyer consents to and submits to the jurisdiction of the courts of the State of Michigan with respect to any action arising in connection with this agreement or the goods referred to therein.
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