Website Terms & Conditions of Use and of Sale
These conditions of sale shall apply to and form an integral part of any purchase order contract (a “contract”) for the supply of goods or services by Blast-One to you, including any contract arising from oral acceptance of repeat or additional orders from you for goods or services that are the same or similar to those to which an existing contract applies.
If you do not wish to be bound by these terms and conditions, you may not access or use this site or place an order through any means.
All the content on this site is Copyright 2011 Blast-One International. All rights reserved.
Website Usage Restrictions
You may access and view the content appearing on this Website for personal use only. You may download, print and/or copy portions of the content for personal use only, provided that a) retain all copyright, trademark or other proprietary notices contained on the content, b) do not modify or alter the content in any way and c) do not make content available to any third party. Blast-One reserves complete title and full intellectual property rights in any content that you copy, print or download from this Website.
Communications with Blast-One
We welcome your comments regarding this site. However, comments, feedback, notes, messages, ideas, suggestions or other communications transmitted to Blast-One will be treated as non-confidential and nonproprietary. All communications to Blast-One become the exclusive property of Blast-One and you agree that by transmitting any communication you relinquish all rights and interests in same. Blast-One shall be free to reproduce, use, disclose, and distribute these communications to third parties without restriction. Blast-One shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. Therefore, Blast-One discourages you from transmitting information that you do not wish to assign to Blast-One, including confidential information or creative ideas. Furthermore, you will take all responsibility for the content of your communication and warrant that it does not violate any law, statute, ordinance or regulation or the intellectual property rights of third parties. You agree that Blast-One may copy all or part of your communication in any response(s) it makes to you.
All product names, logos, trademarks, as well as other marks and trade names on this Website are the properties of Blast-One International, or their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner.
Accuracy and Content
Blast-One is working hard to ensure that the information provided on the Blast-One site or in any Blast-One catalog or advertisement is accurate and up-to-date but due to the risk that the information may be compromised by software or procedural errors, Blast-One does not guarantee the accuracy or completeness of the information provided on this site or in any Blast-One catalog or advertisement . Blast-One reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Photos may vary. Pricing and shipping & handling rates are subject to change without notice. We apologize for any inconvenience this may cause you.
All merchandise listed in this Website, Blast-One catalog or any type of Blast-One advertisement are “as is” (to the extent allowed by law) and, unless otherwise specifically noted, are without warranties of any type, express or implied. Blast-One disclaims all warranties, including, but not limited to, the Implied Warranty of Merchantability and the Implied Warranty of Fitness, for a particular purpose.
Limitation of Liability
Blast-One shall not be liable or responsible for nor bear the risk of anything arising with respect to its dealings with you (the Customer) (whether capable of being assessed or having a monetary value or not) where the law (including but not limited to the law relating to negligence) would or might but for this clause give rise to a cause, remedy, claim, demand or consequence, including but not in any way limiting the generality of the foregoing, loss and/or damage by reason of:
To the extent permitted by law, any liability of Blast-One is limited to and you (the Customer) shall not seek, require, make any demand for or commence any form of legal action or proceeding for any amount of money exceeding:
You (the Customer) shall not assert and hereby releases and indemnifies Blast-One with respect to any claim for any loss or damage of an incidental or consequential nature and/or any loss or damage of any amount.
Any clerical errors in computation, typing or otherwise of any catalogue, quotation, acceptance, offer, invoice, delivery document, credit note or specification given by Blast-One shall be subject to correction at any time by Blast-One.
Terms and Conditions.
You (the Customer) indemnify Blast-One in respect of anything done by or in the name of you (the Customer) or its assigns contrary to or otherwise than as permitted by these terms and conditions.
No implied obligations of service
You (the Customer) hereby acknowledge that these conditions do not impose on Blast-One an obligation to inspect any site of you (the Customer) or any goods supplied, delivered, or installed by Blast-One on such a site. Any obligation may only arise by way of a separate agreement between Blast-One and you (the Customer). In the absence of any such separate agreement, you (the Customer) shall seek assistance from the manufacturer of any goods supplied.
No Warranties; Limitation of Liability for Website, Blast-One catalog or any type of Blast-One advertisement
In no event shall Blast-One, its Directors, Officers, Employees, Affiliates, Successors, or Assigns or Other Representatives be liable, whether in contract, warranty, tort (including negligence-whether active, passive or imputed), product liability, strict liability, or other theory, to you, or any other person or entity for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results of use of, this Website, Blast-One catalog or any type of Blast-One advertisement or any content on this Website, Blast-One catalog or any type of Blast-One advertisement, even if Blast-One or its Representative has been advised of the possibility of such damages. If you are dissatisfied with this Website, Blast-One catalog or any type of Blast-One advertisement and the content contained therein or these Terms and Conditions, your sole and exclusive remedy is to discontinue use of this Website, Blast-One catalog or any type of Blast-One advertisement. If any portion of this limitation is found to be invalid or unenforceable for any reason, then Blast-One’s total liability to you shall in no event exceed one hundred United States dollars (US$100.00). Some states do not allow the exclusion and limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
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.
Shipping & Delivery
Unless otherwise agreed, goods will be delivered to you (the Customer) F.O.B. point of shipment. Title to goods and risk of loss will pass to Customer upon Blast-One’s tender of delivery of the goods.
To the extent permitted by law cancellation of a contract of sale between you (the Customer) and the Blast-One requires express approval in writing from Blast-One. This approval is at the absolute discretion of Blast-One and unless granted, the goods will be delivered to you (the Customer) and Blast-One will be entitled to payment from you (the Customer).
If Blast-One notifies you (the Customer) that the goods are ready for delivery and you (the Customer) requests Blast-One to hold the goods on its behalf or refuses to accept delivery, such goods will be held by Blast-One at you (the Customer)'s risk and Blast-One shall be entitled to charge a reasonable storage fee in respect of the goods.
Blast-One retains the exclusive and sole right as to whether an item may be returned, exchanged or order cancelled. Blast-One thus encourages customers to use caution when placing an order, as once placed the order cannot be cancelled, nor the item returned or exchanged unless Blast-One expressly consents.
In order to obtain a refund or exchange, prior approval must be given by Blast-One. Please call 1-877-725-2781 to obtain a Return Authorization Form.
When ordering on this website and selecting ‘Purchase Order’ as your form of payment, an official order (in the form prescribed by Blast-One from time to time) is to be submitted by you (you (the Customer)) showing order number and full description of the goods and services.
Payment; Security Trust
Unless otherwise agreed, all payments for goods or services shall be due at the time of ordering.
The Terms and Conditions constitute the entire agreement between you and Blast-One with respect to this Website, Blast-One catalog or any type of Blast-One advertisement. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Blast-One with respect to this Website, Blast-One catalog or any type of Blast-One advertisement. No modification of the Terms and Conditions shall be effective unless it is authorized in writing by Blast-One. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Choice of Law
By use of this Website, Blast-One catalog or any type of Blast-One advertisement, you agree to be governed and construed in accordance with the laws of the State of Ohio without giving effect to its principles of conflicts of laws. Any dispute or disagreement arising hereunder shall be determined exclusively in the state or federal courts located in Columbus, Ohio. The parties expressly consent to the personal jurisdiction of these courts and waive any right to object to the same for all matters arising out of or relating to this agreement and all agreement or contracts herein referenced.
Without prejudice to any other rights Blast-One may have under this agreement or at law, you (the Customer) shall indemnify and hold harmless Blast-One for any action, claim, suit, liability, loss, damage, cost, or expense, whether direct or indirect, incurred by Blast-One arising from or related to your (the Customer’s) breach or non-performance of any term of a contract, including without limitation any attempt to cancel any order or part of an order after acceptance by Blast-One.
Unless otherwise agreed in writing, the risk in the goods purchased shall pass to you (the Customer), upon delivery to you (the Customer) or after notice by Blast-One to you (the Customer) that the goods are ready for delivery to its agent or to a carrier commissioned by you (the Customer).
The amounts payable by you (the Customer) to Blast-One for, or in connection with, any goods or services under this agreement do not include any applicable sales tax. You (the Customer) must pay Blast-One an additional amount on account of sales tax, equal to the amounts payable by you (the Customer) for the good or services, multiplied by the prevailing tax rate (unless proof of sales tax exemption is shown).
Entire contract; Miscellaneous; Nature of Relationship
These conditions of sale together with any application for credit and/or any applicable purchase order contract(s), contain the complete and final agreement between you (the Customer) and Blast-One and no other agreement in any way modifying the conditions of sale will be binding on Blast-One unless made in writing and signed by Blast-One's authorized representative. If any provision of this agreement is deemed invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired thereby. No right or interest of Customer hereunder may be assigned without the prior written consent of Blast-One. The rights and remedies of Blast-One herein will be cumulative and additional to any other or further rights and remedies provided in law or equity. Upon the occurrence of any default of Customer hereunder, Customer will pay to Blast-One all attorneys’ fees, court costs, and expenses incurred by Blast-One in connection with Blast-One’s efforts to collect amounts due to Blast-One hereunder. This agreement imposes no obligation on Customer to buy goods or services and no obligation on Blast-One to sell goods or services. If Customer submits an order to Blast-One, Blast-One may elect accept or reject such order. If Blast-One accepts an order, the terms and conditions set forth herein shall apply to the purchase and sale of such goods and services. Customer understands that its relationship with Blast-One is only that of a buyer of goods. Under no circumstances whatsoever shall any type of franchise, dealership, or distributorship arrangement or obligation be created in connection herewith, unless established in a formal written agreement signed by both parties.
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