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.
THE NOTICES ON THIS PAGE ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU MUST REVISIT THIS PAGE OFTEN TO LEARN OF CHANGES
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.
You agree to use this Website only for lawful purposes. The following are included, but not limited to, in strictly prohibited actions: i) misrepresenting the identity of a user; ii) tampering in any way with this Website; and iii) conducting any type of fraudulent activity.
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.
The entire contents of this Website, including but not limited to text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information, and software (collectively, “Content”) are subject to copyright, trademark, or other proprietary rights or licenses held by Blast-One or a Blast-One affiliate or by third parties who have licensed their rights to Blast-One. All content is copyrighted as a collective work under the U.S. and international copyright laws and Blast-One owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. Except as provided in this agreement, you may not distribute, publish, transmit, reuse, repost, “and frame” the Content in any manner or sell or attempt to sell the Content.
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.
Blast-One does not warrant the accuracy, integrity or completeness of the content provided in this Website or in any Blast-One catalog or advertisement, including any advice or other similar information obtained by you from us though this Website or in any Blast-One catalog or advertisement.
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.
Blast-One warrants that upon payment in full it shall give good title in the goods without encumbrance to you (the Customer).
BLAST-ONE DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Except as otherwise stated herein, any conditions or warranties (express or implied) relating to title, defects or conformity of the goods are expressly excluded.
No statement or recommendation made, or advice, supervision or assistance given by Blast-One, its employees, agents or representatives, whether oral, written, published or otherwise, shall constitute a warranty by Blast-One or a waiver of any of the provisions hereof, and Blast-One accepts no responsibility for the same. Blast-One shall not be liable for damage or loss arising directly or indirectly from any act or forbearance resulting from statements or recommendations so made, or advice, supervision or assistance given.
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:
- Mis-delivery, failure to deliver, or delay in delivery of goods or services; or
- Delivery of goods or services that do not meet the order or requirements of you (the Customer); or
- Defect; or
- Faulty materials or workmanship; or
- Loss, damage or deterioration of goods either in transit or in storage for any reason whatsoever; or
- Any act or matter or thing done, permitted, suffered or omitted by Blast-One.
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:
- In the case of goods, to the price of the goods in respect of which a claim is made.
- In the case of services, the cost to supply the service again or the payment of the costs of having the service supplied again.
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 demand or claim against Blast-One, including but not limited to claims for non-delivery, must be made within 7 days of the date or proposed date of delivery. All claims must refer to the original invoice number and date and provide sufficient detail of the demand or claim (including but not limited to the reasons why the demand or claim is made notwithstanding the terms of the stated Limitation of Liability) as will enable Blast-One to make an informed and timely decision in respect of the demand or claim.
These conditions of sale do not exclude, restrict, or modify the application of any provision of any applicable Federal or State laws, rules, or regulations which by law cannot be excluded, restricted or modified. All conditions, warranties and other things expressed or implied by statute and/or common law or otherwise are hereby expressly excluded to the extent permitted by law.
You (the Customer) hereby acknowledges and warrants to Blast-One that you (the Customer) will not rely on order and delivery documentation to accurately and correctly identify the goods or services supplied and that you (the Customer) will conduct such examination and/or tests as are necessary and/or convenient to establish that the goods or services supplied are in fact as ordered and required in all respects and will do so in a timely manner before relying on the said supply at any time shall be deemed to be acceptance of and a waiver of all claims or you (the Customer) in respect of such supply.
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.
No sub clause of the stated Limitation of Liability shall be read or construed as limiting or being limited by the contents of any other sub clause of these
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.
Blast-One shall not be liable for any loss or damage (including consequential loss or damage) arising from delay in delivery or supply or failure to deliver or supply goods or services to you (the Customer). If the goods or services are delivered or supplied, you (the Customer) must accept and pay for the goods or services notwithstanding late delivery.
Where goods are not delivered to you (the Customer) due to Customer’s request or Customer’s declaration of intent not to accept delivery in accordance with this agreement, delivery shall be deemed to be tendered upon Blast-One providing Customer with notice that the goods are ready for delivery. . Blast-One may deliver goods by installments or partial deliveries, the timing of such deliveries being entirely at Blast-One's discretion and you (the Customer) shall accept each delivery.
Deliveries to third parties may be arranged at your request subject to acceptance by Blast-One. Deliveries to third parties pursuant to this sub-clause shall be deemed to be delivery to you (the Customer).
Blast-One will make all reasonable efforts to have the goods delivered or services supplied to you (the Customer) on the date agreed between the parties as the delivery or supply date, but Blast-One shall be under no liability whatsoever should delivery not be made or service not supplied on this date.
Each delivery of goods will be inspected promptly by you (the Customer) for damage or defect. All damaged goods or shortages must be clearly noted and witnessed by the delivering truck driver at the time of delivery. You (the Customer) will notify Blast-One of all claimed damage or defects within seven (7) days of receipt of goods. If you (the Customer) fails to so inspect or notify Blast-One, you will be deemed to have accepted the goods and to have waived any damage or defect. If you inspect the goods and promptly notify Blast-One of its claim that the goods are damaged or defective, Blast-One will review your claim, and, if valid, you (the Customer) and Blast-One will mutually agree on the method and timing of curing such damage or defect.
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.
Generally, Blast-One will consider returns within thirty (30) days of purchase. Refunds are for the cost of product only; shipping and handling charges are not refundable, unless prior agreed with one of the Blast-One Customer Care or Sales Representatives.
At Blast-One's sole discretion, Blast-One may impose a fifteen percent (15%) restocking fee on items returned.
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.
If you wish to place an order online and utilize a credit account for payment, a Credit Application Form must have been submitted to and authorized by Blast-One prior to the placement of your order. Please click here to download the credit application form. When using your credit account you agree to be bound by the Terms & Conditions of Sale which is on the back of the Credit Application Form and agree to pay Blast-One within the specified credit terms. Blast-One reserves the right to not extend credit, cancel or place your credit account on hold at any time, without reason or notice.
Until full payment owed on an order of goods, the goods remain the property of Blast-One and you (the Customer) shall store the goods separate from its own and those of third parties and in a manner to enable the goods to be identified and cross referenced to particular invoices.
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).
Without in any way limiting the operation of the foregoing, upon delivery of the goods to you (the Customer) or his agent or to a carrier commissioned by you (the Customer), you (the Customer) hereby covenants and where appropriate warrants with Blast-One that, in the storage and handling of the goods, you (the Customer) shall comply with all relevant environmental laws and regulations and does (or on the acquisition of the goods) will possess and comply with all necessary and/or relevant permits and licenses, and you (the Customer) shall ensure that you (the Customer) is familiar with and adheres to all the necessary and appropriate precautions and safety measures relating to the storing and handling of goods.
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.