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Terms & Conditions

Contents

USA Safety Solutions, Inc.

Effective Date: 3/11/26

Please read these terms and conditions carefully. These Terms & Conditions ("Terms") govern your use of www.usasafety.com (the "Website") and purchase of products from USA Safety Solutions, Inc. ("USA Safety," "we," "us," "our"). By accessing the Website, placing an order, or creating an account, you agree to these Terms.

1. Eligibility

You must be at least 18 years old and legally capable of entering binding contracts to use this Website or place orders. By placing an order or otherwise accepting these Terms, you represent that you are purchasing for commercial or business purposes and not for personal, family, or household use. If you are acting on behalf of a business entity, you further represent that you are authorized to bind that entity to these Terms.

2. Definitions

"Authorized Officer" means the President, Vice President, Secretary, or Treasurer of USA Safety Solutions, Inc., or a person specifically designated in writing by the President or Vice President for the matter at issue. Sales representatives, customer service, technical support, and other employees do NOT have authority to modify these Terms, agree to insurance requirements, accept liquidated damages provisions, make delivery or lead time commitments beyond standard estimates, or make verbal or written warranties beyond those stated in these Terms, or otherwise bind USA Safety beyond these Terms. USA Safety is not bound by statements, representations, or commitments made by any person who is not an Authorized Officer unless confirmed in writing by an Authorized Officer.

"Standard Products" means products sold according to manufacturer standard specifications, whether in stock or built to order following those standard specifications, without modification or special configuration. Standard Products are eligible for returns and standard cancellation treatment as described in Sections 8 and 9.

"Custom Products" means products that deviate from manufacturer standard specifications in any way, including custom dimensions, configurations, materials, finishes, or other modifications specific to your requirements. Custom Products are non-returnable and subject to staged cancellation fees as described in Sections 9.3 and 9.4. Whether a product is a Custom Product is determined by this definition. Identification on the product page or in your quote is provided for convenience; failure to so identify does not alter a product's classification under these Terms.

3. Account Creation and Security

An account is required to place orders. You must provide accurate, current information at registration and keep it updated promptly if it changes. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account, regardless of which individual accesses it. You must notify us immediately of any unauthorized use. We may suspend or terminate accounts at any time for any reason or no reason without notice. USA Safety is not liable for losses arising from your failure to protect your account credentials or maintain current account information. For information about how we handle your data, see our Privacy Policy.

4. Orders and Payment

4.1 Placing Orders

Orders may be placed via:

  • Online checkout
  • Phone: 877-805-8650 (M–F, 9:00 AM–5:00 PM Central)
  • Purchase order (eligible organizations only — see Section 4.3)

Acceptance of Terms:

By placing an order through any channel, accepting a quote, using this Website, or taking delivery of products, you acknowledge that you have had the opportunity to read these Terms, that you understand them, and that you agree to be bound by them in their entirety. These Terms govern all transactions between you and USA Safety regardless of the channel through which the order was placed. The specific act of acceptance for each order channel is as follows:

  • Online: By checking the acceptance box at checkout, which must be completed before an order can be submitted.
  • Phone: By providing payment information, verbally authorizing the order, or accepting a quote — whichever occurs first. Phone calls may be recorded as described in Section 27.
  • Purchase Order: By submitting the PO, which constitutes your organization's acceptance of these Terms regardless of any conflicting or additional terms contained in the PO itself. USA Safety's order confirmation constitutes a counteroffer on these Terms, and your acceptance of shipment constitutes acceptance of these Terms. Custom quote terms supersede these Terms as described in Section 4.8.

Rejection of Conflicting Terms: Terms in your purchase order or other business documents are rejected unless explicitly agreed to in writing by an Authorized Officer. USA Safety's acceptance of your order is expressly conditioned on your acceptance of these Terms.

4.2 Insurance Requirements

USA Safety maintains insurance at levels it determines appropriate. Any insurance requirements, specifications, or demands in your purchase order or other documents — including additional insured status, specified coverage limits, primary/non-contributory coverage, waiver of subrogation, certificates with specific language, endorsements, or umbrella coverage — are hereby rejected and not binding on USA Safety unless agreed to in a separate writing signed by an Authorized Officer.

We will provide a certificate of insurance for informational purposes upon request. The certificate does not modify our coverage, make you an additional insured, or obligate us to meet any requirements not separately agreed to.

If your organization requires specific insurance terms, contact us at 877-805-8650 before placing your order to determine feasibility and obtain written agreement.

4.3 Payment Methods

  • Credit Cards: Visa, Mastercard, American Express, Discover
  • PayPal: For online transactions
  • Check or ACH: Available for approved purchase order customers
  • Wire Transfer: Available upon request for larger orders. Instructions provided upon request. You are responsible for all bank and intermediary fees. Wire transfers must be received before shipment. Always verify wire instructions by phone at 877-805-8650 before sending.

Orders placed on approved purchase order credit accounts are subject to Section 5 and Net 30 payment terms. Payment for such orders is due by one of the methods above within the applicable payment period. Purchase order credit accounts are available for universities, hospitals, government entities, public utilities, and other approved organizations, in USA Safety's sole discretion.

In the event of a returned check or failed ACH, USA Safety reserves the right to require alternative payment for all future orders.

4.4 Order Acceptance

All orders are subject to acceptance. We may refuse or cancel any order or any portion of an order for any reason or no reason, including without limitation product unavailability, pricing errors, suspected fraud, or failure to meet eligibility requirements. Canceled orders or portions thereof will receive a full refund if payment was already processed, issued within 20 business days.

4.5 Pricing

All prices are in U.S. dollars and subject to change without notice. If we discover a pricing error after your order is placed, we will notify you and allow you to proceed at the correct price or cancel for a full refund. If we do not receive a response within 3 business days of notification, the order will be automatically canceled and a full refund issued within 20 business days if payment was already processed.

4.6 Payment Timing and Saved Payment Methods

When Payment Is Collected: Payment is collected when your order ships or shortly thereafter. You authorize USA Safety to charge your saved payment method in connection with your order's shipment, whether the charge occurs before, during, or after the order leaves the facility.

Authorization to Save Payment Method: By placing an order, you authorize USA Safety to securely save your payment method and charge it at shipment. Payment information is stored and processed by third-party payment processors in compliance with PCI-DSS standards. We do not store complete card data on our servers. You agree to maintain valid payment information until your order ships and to notify us promptly if your payment method changes, expires, or becomes invalid.

Payment Method Deletion Restrictions: Payment methods cannot be deleted while associated with a pending (unpaid) order. Once payment is collected or the order is canceled, you may delete the method. To change the payment method on a pending order, add a new method and contact us. Your payment processor may participate in automatic card update programs. To opt out, contact your card issuer or payment processor directly.

Alternative Payment Arrangements: Customers who prefer not to save a payment method may pay in full at order time, use wire transfer, or use check/ACH. Customers on approved purchase order credit accounts may arrange payment per Section 4.3. Contact 877-805-8650 to arrange alternatives.

Payment Method Management: Manage saved payment methods through your account settings ("My Payment Methods") or by contacting us. You are responsible for keeping payment information current; failure to do so may result in order delays or cancellation.

Payment Authorization Failure: If your payment method is declined, we will contact you to resolve the issue and hold shipment where operationally feasible. If unresolved within 10 business days and your order has not yet shipped, we may cancel your order (cancellation fees may apply per Section 9 or your quote; for Custom Product orders, staged cancellation fees continue to accrue during this period regardless of payment status). If your order has already shipped, the provisions below regarding post-shipment payment failure apply.

Payment Obligation After Delivery: If your payment method is declined after shipment or delivery, the full amount remains due. You agree to pay within 5 business days of notification. We may pursue collection, including reasonable attorneys' fees, and may report unpaid balances to credit agencies. Receipt of products does not release you from your payment obligation.

Record of Authorization: By completing your order through any method, you provide written authorization for us to store your payment method and charge it at shipment, as required by card network rules and applicable law.

4.7 Unsecured Transmission of Payment Information

USA Safety does not request or require payment card information to be transmitted through unsecured channels. You are expressly prohibited from sending credit card numbers, CVV codes, expiration dates, or other sensitive payment information to USA Safety via email, fax, text message, voicemail, image attachment, chat or messaging platforms, or any other unsecured method. All payments must be submitted through our secure checkout, payment portal, or other approved secure methods (such as ACH or wire transfer). If you are unsure how to submit payment securely, contact us at 877-805-8650 before transmitting any payment information.

If you elect to transmit payment information through unsecured means, such transmission is voluntary and entirely at your own risk. USA Safety is not responsible for unauthorized access to, or interception of, payment information transmitted contrary to these Terms, and shall not be liable for any damages arising therefrom. Such transmission constitutes a violation of these Terms and is subject to the indemnification obligations in Section 13.

If USA Safety inadvertently receives payment information through unsecured channels, we will not process such information and will notify you to resubmit through an approved secure method. You are responsible for ensuring sensitive payment information is destroyed or secured on your end upon such notification.

4.8 Quote Hierarchy — Custom Terms

When we provide a written quote, the relationship between that quote and these general Terms depends on the nature of the terms included in or attached to the quote:

  • Quote referencing website Terms (with or without addendums): Where a quote references these website Terms as the governing document, these Terms apply in full except as expressly modified by any addendums, riders, or supplemental terms attached to or incorporated into the quote. Addendums supersede only the specific provisions they address; all other provisions of these Terms remain in force. Where multiple addendums conflict, the later-dated addendum controls.

  • Quote with comprehensive standalone terms: Where a quote expressly states that it includes a comprehensive, standalone set of terms and conditions governing the entire transaction, those terms supersede these website Terms in their entirety for that order.

  • No quote: Where no written quote is provided, these website Terms apply in full, including all Custom Product provisions in Sections 9.3 and 9.4.

By accepting a quote — by signature, payment, submitting a PO referencing the quote, taking delivery, or other action indicating acceptance — you agree to the applicable terms per this hierarchy.

Quotes are valid for 90 days from the date of issuance unless a different expiration is stated in the quote. Acceptance after expiration is subject to written confirmation from USA Safety of current pricing, availability, and terms.

5. Security Interest

For customers purchasing on approved purchase order credit accounts, you hereby grant USA Safety a purchase money security interest (PMSI) in all products sold to you under those credit terms and in any proceeds from their resale, including accounts receivable generated thereby, which security interest attaches upon delivery and continues until payment is received in full. You authorize USA Safety to file UCC financing statements or other documents necessary to perfect this interest without further consent. This section applies solely to purchase order credit account sales and does not apply to orders paid by credit card, wire transfer, check, ACH, or any other method collected at or before shipment.

Invoices on purchase order credit accounts that are not paid within the applicable payment period are subject to a late payment charge of 1.5% per month (18% per annum) or the maximum rate permitted by applicable law, whichever is less, accruing from the due date until payment is received in full.

6. Sales Tax

Sales tax is calculated based on your shipping address. USA Safety collects tax in states where we meet economic nexus thresholds under applicable law. For orders with extended lead times, the tax rate in effect at the time of shipment applies.

Tax-Exempt Customers: Upload a valid exemption certificate (PDF) during account signup or contact us before placing your order. Exemption certificates must be on file prior to order placement. Tax collected on orders placed without a valid certificate on file will not be refunded. You are responsible for providing and maintaining current, valid exemption certificates. USA Safety relies on customer-provided certificates in good faith and is not liable for tax consequences arising from invalid or expired certificates. If no certificate is on file when your order is placed, tax will be applied. Contact us at 877-805-8650 with questions.

7. Shipping Policy

7.1 Shipping Methods

USA Safety ships via major parcel carriers (smaller shipments) or LTL freight (larger or heavier shipments), as determined by USA Safety. Products may ship from our warehouses, third-party fulfillment centers, or directly from manufacturers. The fulfillment location does not affect your rights or our obligations under these Terms.

7.2 Alternative Shipping

To request use of a different carrier or expedited shipping, provide your carrier account number at checkout or call us after ordering. All alternate carrier requests are subject to our approval at our sole discretion, including based on compatibility with manufacturer shipping arrangements, dropship agreements, or product-specific carrier restrictions. If we are unable to accommodate your carrier, we will notify you and ship via our standard method unless you choose to cancel your order prior to shipment. We will issue a revised invoice for any shipping fee changes resulting from an approved alternate carrier.

7.3 International Shipping

International shipping is evaluated case-by-case and is subject to our approval. Contact us for feasibility and a quote. International orders may require payment in advance or other payment terms as specified in your quote. You are solely responsible for all import duties, taxes, customs clearance fees, and compliance with all applicable laws and regulations of the destination country, including any import licensing requirements. USA Safety is not responsible for delays, seizures, or losses arising from customs clearance or import compliance failures. In the event a shipment is seized by customs authorities before delivery through no fault of the customer, USA Safety will issue a refund for the purchase price of the seized goods; shipping costs are non-refundable. No replacement shipment will be made unless separately agreed in writing. See also Section 24 (Export Compliance).

7.4 Shipping Costs

Shipping costs are calculated at checkout or as quoted and are non-refundable unless the shipment is returned due to our error, meaning we shipped the wrong product, shipped a duplicate order, or made a fulfillment error. For orders shipped in multiple shipments, only the shipping costs attributable to the erroneous shipment are refundable; shipping costs for correctly fulfilled shipments remain non-refundable. Carrier delays, damage in transit, or customer refusals for reasons other than properly documented freight damage do not constitute our error for purposes of this section.

7.5 Title, Risk of Loss, and Freight Damage

7.5.1 Title and Risk of Loss

Unless otherwise specified in your quote, all shipments are FOB Destination. Title and risk of loss pass to you upon delivery of conforming goods to your specified address (see Section 7.5.2 for inspection and notification requirements governing conformance disputes). USA Safety is responsible for safe transport to the delivery location regardless of which facility ships your order, including manufacturer direct shipments. This FOB Destination term is the single freight risk standard that applies across all fulfillment methods under these Terms; any deviation must be expressly stated in a written quote.

If delivery cannot be completed due to an incorrect address, inaccessible location, or failure to receive, risk of loss remains with USA Safety until delivery is completed or the shipment is returned to us, at which point Section 7.5.6 and Section 8 govern. Additional redelivery or return shipping costs in such circumstances are your responsibility.

7.5.2 Freight Damage — Inspection and Notification Obligations

Upon Delivery (mandatory): Inspection of all deliveries upon receipt is a contractual obligation and a condition of your ability to make freight damage claims under these Terms. Inspect all packages before signing the Bill of Lading (BOL). Note any and all damage, shortage, or irregularities on the BOL before signing — do not sign "clear" if any issue exists. Photograph all damage. Be specific (e.g., "corner of pallet crushed," "2 of 5 cartons missing").

Consequence of failure: Signing without noting visible damage typically results in carrier claim denial. If your documentation failure prevents us from recovering carrier costs, you may be responsible for costs we cannot recover.

Within 48 Hours — Concealed Damage: When damage is discovered upon unpacking, stop unpacking. Photograph packaging and product. Notify us within 48 hours via phone (877-805-8650) or our Contact page (subject: "FREIGHT DAMAGE"). Preserve all packaging and materials. Provide order number, delivery date, damage description, photos, and a copy of the signed BOL. Note that individual carrier claim requirements and timeframes may be shorter than those stated here; contact us promptly regardless of the applicable window to preserve all available remedies.

Consequence of late notification: Failure to notify within 48 hours may prevent timely carrier claim filing, and you may be deemed to have accepted goods as delivered.

Late-Discovered Damage: Damage not reasonably discoverable within 48 hours must be reported within 15 days of delivery. After 15 days, USA Safety's ability to file carrier claims on your behalf may be substantially impaired or impossible, and we cannot guarantee resolution. After 30 days from delivery, you are deemed to have accepted goods in their delivered condition regardless of whether inspection was performed, freight damage claims will not be accepted, and USA Safety bears no further responsibility for transit damage. Note that freight damage is not covered under our product warranty (Section 10.3).

Manufacturer Direct Shipments: When products ship directly from manufacturers, these same inspection and notification requirements apply. We remain responsible under FOB Destination, but your cooperation obligations are the same.

7.5.3 Freight Damage Resolution

When you properly report damage, we will acknowledge receipt of your damage report within 5 business days, file carrier claims on your behalf, and work to resolve the issue through repair, replacement, or credit, at USA Safety's election. You agree to cooperate fully, preserve all evidence (do not dispose of damaged goods until authorized by USA Safety; unauthorized disposal releases USA Safety from any obligation to replace, repair, or refund the affected goods), provide carrier inspectors access if requested, and assist with the claim process. Carrier claims typically take 30–90 days.

7.5.4 Freight Damage vs. Product Defects

Freight damage (transit dents, scratches, broken parts, crushed packaging, water damage, missing components, or other damage attributable to transit) is covered under this Section 7.5. Manufacturing defects or non-conformance are covered under warranty (Section 10). If uncertain, or if both freight damage and a manufacturing defect may be present, report immediately under both sections to preserve all rights.

7.5.5 Customer's Own Carrier

If you arrange pickup using your own carrier, title and risk of loss pass when goods are tendered to your carrier at our facility or the applicable fulfillment location. You are obligated to inspect goods before your carrier departs. You are responsible for filing damage claims directly with your carrier. USA Safety's freight damage process under Section 7.5.2 does not apply to shipments handled by your carrier.

7.5.6 Refused Shipments

If you refuse delivery, you remain responsible for return shipping costs; original outbound shipping is non-refundable. If refusal is due to USA Safety's error — including wrong product delivered, obvious tampering, or delivery to the wrong address — return shipping is our responsibility and no restocking fee will apply. Restocking fees may apply (Section 8). If refusal is due to freight damage properly noted on the BOL, return shipping is our responsibility. Refused shipments are processed as returns under Section 8 or cancellations under Section 9, as applicable.

8. Return Policy

Applies to Standard Products only. Custom Products are non-returnable regardless of whether a written quote was provided. See Sections 8.3 and 4.8. Freight-damaged goods are not governed by this return policy; see Section 7.5.

8.1 Eligibility

Standard Products may be returned within 30 days of delivery if new, unused, uninstalled, in original condition, and in original packaging.

8.2 Return Merchandise Authorization (RMA)

All returns require an RMA number. Call 877-805-8650 or use our Contact page to request one. RMA numbers are valid for 14 days from issuance and expire automatically thereafter; a new RMA must be requested if the return is not shipped within that period. RMA numbers must be valid at the time of shipment; returns shipped after RMA expiration will be refused and returned at your expense. Issuance of an RMA number authorizes shipment of the product back to us and does not constitute acceptance of the return or a guarantee of refund, which remain subject to our inspection of the returned product. Returns must be shipped to the address provided with your RMA number; returns sent to any other location, including manufacturer facilities, will not be accepted and are your responsibility. Returns shipped without an RMA will be refused and returned at your expense.

8.3 Custom Products

Custom Products are not eligible for return regardless of whether a written quote was provided. This restriction applies to change-of-mind, ordering errors, and similar circumstances; it does not limit your rights with respect to manufacturing defects or non-conformance, which are governed by Section 10. Custom Products are subject to cancellation fees as set forth in your quote or, where no quote was provided or no superseding cancellation terms are specified, as set forth in Section 9.4. Whether a product is a Custom Product is determined by the definition in Section 2. It is your responsibility to confirm the product category before placing your order. Contact us at 877-805-8650 with any questions about whether a specific product qualifies as a Custom Product.

8.4 Return Shipping

You are responsible for all return shipping costs, which are non-refundable. Returns must use the shipping method specified in your RMA instructions; use of an unapproved method may result in delays, additional costs, or rejection of the return. You bear all risk of loss for return shipments until received and confirmed by us; we recommend using a trackable, insured shipping method. Exceptions: (a) the return is due to our error (meaning we shipped the wrong product, shipped a duplicate order, or made a fulfillment error), in which case we will cover return shipping; or (b) you are refusing delivery of a freight shipment due to damage properly noted on the Bill of Lading, in which case return shipping is our responsibility per Section 7.5.6. If we prepay any return shipping for which you are responsible, that amount will be deducted from your refund.

8.5 Refunds

Refund Amount = Original Purchase Price – Restocking Fee – Original Outbound Shipping

For partial returns, original outbound shipping is non-refundable in full regardless of the number of items returned.

Restocking fees vary depending on the fulfillment source and applicable supplier policies:

  • Manufacturer or supplier returns: The restocking fee equals the fee charged to USA Safety by the applicable manufacturer or supplier, passed through at cost. This fee varies by supplier and will be disclosed to you when your RMA is issued.
  • Warehouse returns: For products returned to our third-party warehouses, a restocking fee of up to 25% of the purchase price may apply, as determined by USA Safety at the time of return and disclosed when your RMA is issued.

The applicable restocking fee will be confirmed when your RMA is issued, before you are obligated to ship the product back. Refunds are credited to the original payment method or issued by check within 15–25 business days of receipt and inspection.

8.6 Non-Returnable Items

Certain items are non-returnable due to safety, hygiene, regulatory, or manufacturer restrictions. Non-returnable status will be identified on the product page, at checkout, and/or in your quote. Contact us before purchasing if you have questions. Freight-damaged items are handled under Section 7.5, not this return policy.

8.7 Late or Missing Refunds

If you have not received your refund within 25 business days of our confirmation, contact your bank, card issuer, or applicable payment provider first, as processing times vary by payment method. If still unresolved, call 877-805-8650. If we have confirmed that a refund was issued and you have not received it, we will investigate and reissue if necessary.

9. Cancellation Policy

If your quote includes custom cancellation terms that supersede these Terms, those terms control. Where no such superseding terms are specified, or where no quote was provided, the cancellation terms in this Section 9 apply, including the Custom Product fee structure in Section 9.4.

9.1 Eligibility and Timing

Cancellation eligibility depends on fulfillment stage. Because orders are fulfilled through our warehouses, third-party centers, and manufacturers, policies vary by product and supplier. Once submitted to a manufacturer or fulfillment center, orders are generally not cancellable. Most orders are submitted within 1–4 business hours of placement during normal business hours, though timing may vary.

9.2 Cancellation Request Process

Contact us immediately:

  • Phone (fastest): 877-805-8650 (M–F, 9:00 AM–5:00 PM Central)
  • Email: www.usasafety.com/contact

We will make commercially reasonable efforts to cancel your order but cannot guarantee cancellation once processing has begun. Cancellation requests received outside business hours will be processed the next business day; orders submitted to manufacturers or fulfillment centers in the interim may not be cancellable.

9.3 Cancellation Outcomes

Status at Time of Request Result
Not yet submitted to supplier Full cancellation; full refund within 15–25 business days. Custom Product orders are also subject to cancellation fees per Section 9.4.
Submitted but not yet shipped Cancellation may or may not be possible depending on the manufacturer and current stage of their fulfillment process. We will make commercially reasonable efforts to cancel on your behalf and notify you of the outcome within 5 business days. If cancellation is not possible, return after delivery per Section 8 (restocking fees apply). Custom Product orders are also subject to cancellation fees per Section 9.4.
Shipped, in transit, or delivered Cannot cancel; Standard Products may qualify for return (Sec. 8); Custom Products are generally non-returnable (Sec. 8.3).
Multi-supplier order Orders fulfilled by multiple suppliers are treated as separate independent orders for cancellation purposes, with each supplier's portion evaluated individually under the terms above. Cancellation of one portion does not guarantee cancellation of any other. Refunds are issued only for portions successfully canceled.
Partial cancellation (single supplier) Partial cancellations are subject to supplier approval and may not always be possible. If approved, refunds are issued only for the canceled portion within 15–25 business days. Custom Product cancellation fees apply to the canceled portion per Section 9.4.

9.4 Custom Products

Custom Products are subject to the following cancellation fees, which represent liquidated damages as described below. These terms apply whether or not a written quote was provided, unless your quote contains superseding cancellation terms.

  • Before shipment: A cancellation fee of 10% to 100% of the purchase price applies. The 10% minimum is non-negotiable regardless of cancellation timing and represents USA Safety's costs to facilitate, process, and place the custom order. The total fee equals the 10% minimum plus USA Safety's actual documented costs paid to or committed to be paid to the manufacturer at the time of cancellation, not to exceed 100% of the purchase price. We will provide documentation of manufacturer costs upon request. Manufacturer deposits paid or committed by USA Safety at order placement are included in documented costs.

  • After shipment: Cancellation is not possible once a Custom Product has shipped. You remain obligated to accept delivery and pay the full purchase price.

These fees are liquidated damages, not penalties. The parties agree that actual damages from cancellation of Custom Products are difficult or impossible to ascertain at the time of contracting due to variables including materials ordered, engineering time invested, manufacturing capacity reserved, and opportunity costs. The fee structure above represents a reasonable estimate of USA Safety's anticipated damages and is not intended as a penalty.

9.5 Manufacturer-Specific Policies

We are bound by our suppliers' cancellation policies to the extent applicable. We will inform you within 5 business days whether cancellation is feasible for your specific order.

9.6 No Guaranteed Cancellation Right

Cancellation is not guaranteed once your order is placed. Final determination rests with USA Safety after consulting applicable supplier policies. If cancellation is not possible, return options under Section 8 may be available for Standard Products. See Section 9.7 for further options and obligations when cancellation is not possible.

9.7 Alternatives to Cancellation

If cancellation is unavailable, you may: return the product after delivery (Standard Products only, per Section 8); refuse delivery; or contact us to discuss options on a case-by-case basis. The consequences of refusing delivery differ by product type: for Standard Products, you bear return shipping and applicable restocking fees per Section 8; for Custom Products, refusal of delivery does not eliminate your payment obligation — the full purchase price remains due because the product has been manufactured and shipped and cancellation is no longer possible per Section 9.4. Return of a refused Custom Product to USA Safety does not constitute acceptance of cancellation or waiver of the full purchase price obligation.

10. Warranty

If your quote includes custom warranty terms that supersede these Terms, those terms control. Where no such superseding terms are specified, or where no quote was provided, the warranty terms in this Section 10 apply.

10.1 Manufacturer Warranties

USA Safety is a distributor, not a manufacturer, and does not independently warrant the products it sells. To the extent permitted by the applicable manufacturer, USA Safety passes through to you any manufacturer warranty that covers the product you purchased. Warranty terms, coverage, and duration vary by manufacturer and are subject to change; contact us for the applicable manufacturer's warranty terms before purchase if this is material to your decision. USA Safety is not responsible for changes to manufacturer warranty terms occurring after the date of purchase. Some Custom Products may include extended structural warranties as specified in the applicable quote. Some manufacturer warranties require product registration to activate coverage; you are solely responsible for completing any required registration. Your sole remedy for product defects is under the applicable manufacturer warranty, subject to the limitations in Sections 10.3 and 10.4. If the sole remedy fails of its essential purpose, USA Safety's liability is limited to the purchase price of the affected product.

10.2 Warranty Claims

For defective products within 1 year of delivery (unless otherwise specified by the manufacturer), contact us at 877-805-8650 or through www.usasafety.com/contact. We will acknowledge your claim within 15 business days and facilitate the warranty process with the applicable manufacturer. Remedies are subject to manufacturer determination and the terms of the applicable warranty.

10.3 Warranty Exclusions

Warranties do not cover: freight damage (Section 7.5); normal wear and tear; damage from improper installation, mishandling, or abuse after delivery; misuse, use contrary to instructions, or use beyond rated capacity; unauthorized modifications, alterations, or repairs; or damage caused by environmental factors including corrosion, water damage, or exposure to extreme temperatures or conditions outside normal use parameters.

10.4 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, USA SAFETY DISCLAIMS ALL WARRANTIES AS FOLLOWS:

Products: USA Safety makes no warranties of its own with respect to products, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. All such warranties are expressly disclaimed. The only warranties that apply to products are those, if any, provided by the manufacturer and passed through under Section 10.1.

Website: USA Safety makes no warranty that the website will be uninterrupted, secure, or error-free, and makes no warranty as to the accuracy, completeness, or currentness of any content on the website, including product descriptions, specifications, pricing, and regulatory guidance. All implied warranties relating to website services are disclaimed, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Services: USA Safety makes no warranties, express or implied, with respect to any ancillary services, technical guidance, product recommendations, or customer support provided in connection with your order or use of the website. All such services are provided on an "as-is" basis.

10.5 Customer Responsibility for Regulatory Compliance

You are solely responsible for determining whether any product is suitable for your intended use and complies with all applicable federal, state, and local regulations, codes, and standards. USA Safety provides general product information but does not provide regulatory compliance advice or certifications. Consult qualified professionals and relevant regulatory authorities for compliance determinations.

10.6 Safety Products Disclaimer

USA Safety sells industrial safety equipment, including but not limited to flammable storage cabinets, lithium battery cabinets, and gas cylinder storage. These products alone do not guarantee safety or prevent all accidents.

You acknowledge and agree that:

  • Our products are components of a comprehensive workplace safety program requiring proper procedures, training, supervision, and additional safety measures.
  • You are responsible for professional assessment of product suitability for your specific application.
  • Products must be properly installed, anchored, ventilated, and integrated by qualified personnel per manufacturer specifications and applicable codes.
  • Nothing we provide (product descriptions, specifications, guidance, or AI-generated content) replaces the need for professional safety assessment specific to your facility.
  • Compliance with OSHA, NFPA, IFC, IBC, or other regulations depends on proper selection, installation, use, and maintenance in your specific circumstances. We do not certify compliance for your particular application.
  • Products must be used only for intended purposes within specifications. Misuse or deviations void warranties and may create hazards.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT IN CASES OF USA SAFETY'S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, USA SAFETY'S LIABILITY ARISING FROM OR RELATED TO OUR PRODUCTS IS LIMITED AS SET FORTH IN SECTION 12. WITHOUT LIMITING THE FOREGOING, USA SAFETY SHALL NOT BE LIABLE FOR: (A) INJURIES, DEATHS, OR PROPERTY DAMAGE ARISING FROM MISUSE, IMPROPER INSTALLATION, IMPROPER SELECTION, OR USE OF PRODUCTS IN VIOLATION OF MANUFACTURER SPECIFICATIONS OR APPLICABLE CODES; (B) FAILURE TO PREVENT ACCIDENTS OR ELIMINATE SAFETY HAZARDS WHERE SUCH OUTCOMES RESULT FROM CUSTOMER'S FAILURE TO IMPLEMENT A COMPREHENSIVE SAFETY PROGRAM; OR (C) REGULATORY NON-COMPLIANCE ARISING FROM CUSTOMER'S SELECTION, INSTALLATION, OR USE OF PRODUCTS. ANY REMAINING LIABILITY FOR PRODUCT DEFECTS IS GOVERNED BY THE APPLICABLE MANUFACTURER WARRANTY UNDER SECTION 10.1 AND THE LIABILITY CAP IN SECTION 12.

11. Force Majeure

USA Safety is not liable for failure or delay due to causes beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, government actions, labor disputes, supply chain disruptions, material shortages, supplier or manufacturing failures, pandemic or public health emergencies, utility failures, or transportation disruptions. Obligations are suspended for the duration of such events; we will use commercially reasonable efforts to minimize delays. Force majeure does not suspend your payment obligation for Custom Products already in production or costs already incurred by USA Safety prior to the force majeure event.

We will notify you within 15 days of any force majeure event affecting your order and provide updates every 30 days. If performance is suspended for more than 90 days, you may: cancel and receive a full refund less costs actually incurred before the event; accept partial shipment; or agree to an extended delivery date. If we cannot provide a reasonable resumption estimate, you may cancel for a refund.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, USA SAFETY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR PRODUCTS, UNAUTHORIZED ACCESS TO OUR SERVERS OR YOUR INFORMATION, SERVICE INTERRUPTIONS, BUGS OR HARMFUL CODE, ERRORS OR OMISSIONS IN CONTENT, OR PRODUCT DEFECTS.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE WEBSITE OR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS GREATER.

The foregoing limitations do not apply to damages arising from USA Safety's own gross negligence or willful misconduct.

Rejection of Liquidated Damages: USA Safety is not liable for liquidated damages, delay damages, time-based penalties, or similar contractual damages unless expressly agreed to in a writing signed by an Authorized Officer. Any such provisions in your purchase order or other documents are rejected and not binding on USA Safety.

Some jurisdictions do not allow exclusion or limitation of certain damages; some limitations above may not apply to you.

13. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless USA Safety, its officers, directors, employees, agents, affiliates, and suppliers from all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: your violation of these Terms; your unauthorized or improper use of the Website or products; your violation of third-party rights; fraudulent or illegal activity; improper use, installation, or application of products; failure to comply with applicable laws, regulations, codes, or standards; third-party claims (including personal injury or property damage) arising from your use of our products; breach of your representations or warranties to us; or use of products in violation of law or in a manner causing harm due to your negligence or misuse.

USA Safety will provide prompt written notice of any claim for which indemnification is sought and will reasonably cooperate in the defense of such claim. You will not settle any claim that imposes obligations or restrictions on USA Safety without our prior written consent.

14. Intellectual Property

All Website content — including text, graphics, logos, images, product descriptions, and software — is the property of USA Safety or its content suppliers, protected by U.S. and international copyright, trademark, and other intellectual property laws. You receive a limited, non-exclusive, non-transferable, revocable license to access and use the Website for internal business purposes related to evaluating and purchasing products from USA Safety. You may not copy, modify, distribute, scrape, frame, create derivative works from, access via automated means or bots, or use Website content for AI training purposes without our prior written consent. "USA Safety Solutions" and our logo are trademarks of USA Safety Solutions, Inc. Unauthorized use may result in civil and criminal legal action.

15. User Conduct

You agree not to use the Website to violate any law, transmit harmful code or viruses, interfere with or disrupt the Website or servers, including through automated tools, bots, or denial of service attacks, attempt unauthorized access, impersonate any person or entity, collect personal information about other users, or engage in fraudulent activity. We reserve the right to investigate and take legal action against violators.

By submitting any content to the Website — including reviews, feedback, uploaded documents, or other materials — you grant USA Safety a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, and display such content in connection with our business. You represent that you have the right to submit such content and that it does not violate any third-party rights or applicable law.

The Website may link to third-party websites we do not control. We assume no responsibility for their content, privacy practices, or damages arising from your use of them. Third-party service providers (e.g. payment processors, shipping carriers, CRM tools, email providers, analytics services) access your information only as needed to perform services on our behalf and are contractually required not to disclose or use it for other purposes. USA Safety is not liable for third-party breaches of those obligations. Third-party service providers may change without notice; changes do not affect your rights under these Terms.

17. Privacy and Cookies

Your privacy is governed by our Privacy Policy (www.usasafety.com/privacy.php), incorporated herein by reference. We use cookies and tracking technologies, including those provided by third-party analytics providers, to improve your experience and understand Website usage. By using the Website, you consent to our Privacy Policy and use of cookies and analytics.

18. Dispute Resolution and Arbitration

18.1 Governing Law

These Terms are governed by the laws of the State of Wisconsin, without regard to conflict of law principles. For any disputes not subject to arbitration under Section 18.2, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Dane County, Wisconsin.

18.2 Mandatory Arbitration

All disputes, regardless of amount, shall be resolved by binding arbitration under the American Arbitration Association's (AAA) Commercial Arbitration Rules, except as provided in the carve-outs below, except where applicable law prohibits mandatory arbitration (including government entities prohibited from arbitration by statute), or except where both parties mutually agree in writing to resolve the matter through an alternative process. By agreeing to these Terms, you waive any right to have disputes heard in court, except as specified.

Carve-outs (either party may use court): Collection of amounts owed; injunctive relief for IP infringement or breach of confidentiality; small claims court actions.

Arbitration Procedures: Conducted under AAA Commercial Arbitration Rules in Madison, Wisconsin (or remotely by agreement). Disputes involving claims under $250,000 shall be resolved by a single arbitrator; disputes involving claims of $250,000 or more shall be resolved by a panel of three arbitrators unless the parties agree otherwise in writing. Discovery shall be limited to exchange of relevant documents only; depositions and other discovery methods are not permitted unless ordered by the arbitrator upon a showing of substantial need. The arbitrator's decision is final, binding, and may be entered as a judgment in any court of competent jurisdiction. Each party bears its own costs and attorneys' fees unless the arbitrator awards fees to the prevailing party as permitted by law.

18.3 Class Action Waiver

YOU AND USA SAFETY AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER CLASS PROCEEDINGS. IF THIS WAIVER IS UNENFORCEABLE, THE ENTIRE ARBITRATION PROVISION IS VOID AND THE DISPUTE MUST BE BROUGHT IN COURT.

If 25 or more similar claims are filed against USA Safety within a 180-day period, the AAA's Mass Arbitration Supplementary Rules shall apply, and all such claims shall be administered as a coordinated proceeding with a single set of filing fees.

18.4 Jury Trial Waiver

TO THE EXTENT ARBITRATION DOES NOT APPLY, YOU AND USA SAFETY WAIVE ANY RIGHT TO A JURY TRIAL.

19. Modifications to Terms

We may modify these Terms at any time. Material changes — including but not limited to changes to payment terms, cancellation fees, warranty provisions, liability limitations, or dispute resolution procedures — will be posted on the Website and emailed to registered account holders at least 14 days before taking effect. Non-material changes take effect immediately upon posting. Your continued use of the Website or placement of orders after changes take effect constitutes acceptance of the revised Terms.

20. General Provisions

Severability: If any provision is invalid or unenforceable, the remaining provisions continue in full force.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and USA Safety regarding the Website and supersede all prior agreements.

Waiver: Our failure to enforce any right or provision is not a waiver thereof.

No Agency or Joint Venture: These Terms do not create any agency, partnership, joint venture, employment, independent contractor, or franchise relationship between you and USA Safety, or between USA Safety and any third-party manufacturer, fulfillment partner, or supplier. No third-party supplier or fulfillment partner is an agent of USA Safety, and USA Safety is not liable for their independent acts or omissions beyond what is expressly stated in these Terms.

No Third-Party Beneficiaries: These Terms are for the sole benefit of you and USA Safety and confer no rights, benefits, or remedies on any third party, including your employees, customers, agents, or any other third party.

Authorization: By placing an order or accepting these Terms on behalf of a business entity, you represent that you are duly authorized to bind that entity. The entity agrees to indemnify and hold USA Safety harmless from any claims arising from a breach of this representation.

Assignment: You may not assign or transfer any order or your rights under these Terms without USA Safety's prior written consent. Any attempted assignment without such consent is void and entitles USA Safety to cancel the affected order upon notice. USA Safety may assign its rights and obligations without restriction. In the event of an assignment by USA Safety, customers with pending orders will be notified and their orders will be honored by the assignee under these Terms.

Anti-Corruption: You represent that your business relationship with USA Safety, including your purchase and use of our products, will comply with all applicable anti-bribery and anti-corruption laws, including the U.S. Foreign Corrupt Practices Act and the UK Bribery Act where applicable.

21. Artificial Intelligence and Automated Content

Our Website may include AI-generated content such as regulatory guidance, product recommendations, technical specifications, and customer support responses. This content is informational only and does not constitute legal, compliance, engineering, or professional advice of any kind. AI-generated customer support responses are not binding commitments and are subject to human review and confirmation before they can be relied upon.

AI systems may produce incomplete, inaccurate, or outdated information and may not reflect current laws or regulations. Before relying on AI-generated content for compliance, safety, or regulatory decisions, verify with official regulatory sources and consult qualified professionals. You are solely responsible for ensuring compliance with all applicable laws, regulations, and standards in your jurisdiction.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, USA SAFETY MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF AI-GENERATED CONTENT AND SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR RELIANCE ON SUCH CONTENT. YOU ASSUME ALL RISK FROM USE OF AI-GENERATED CONTENT.

The foregoing limitation does not apply to damages arising from USA Safety's own gross negligence or willful misconduct.

We may modify, suspend, or discontinue AI features at any time without notice.

22. Waiver of Subrogation

(Pending consultation with insurance broker before final implementation.)

You agree to use commercially reasonable efforts to cause your insurers to waive all rights of subrogation against USA Safety and its officers, directors, employees, agents, and affiliates for any and all claims, damages, losses, and expenses arising in any way from the sale, distribution, installation, use, or maintenance of our products, regardless of the theory of recovery, including strict liability, breach of warranty, negligence, and breach of contract.

23. Product Allocation

When product availability is limited for any reason — including supply chain disruptions, manufacturer constraints, or regulatory requirements — USA Safety may fill orders, allocate products, or prioritize shipments in any manner it deems appropriate. USA Safety is not liable for failure to supply the full quantity ordered as a result of such allocation decisions. This provision does not affect your right to a refund for any quantities not supplied.

24. Export Compliance

You agree to comply with all applicable U.S. export control laws and regulations, including the Export Administration Regulations (EAR) and economic sanctions administered by OFAC. You represent and warrant that you are not located in, and will not export or re-export products to, any country subject to a U.S. comprehensive embargo, and that you are not on any U.S. government denied-party list, including the Treasury Department's Specially Designated Nationals list or the Commerce Department's Denied Persons, Entity, or Unverified Lists. You are solely responsible for obtaining any required export licenses or authorizations.

25. Government Customers

All purchases from USA Safety are open-market purchases and are not made under any GSA schedule, government contract vehicle, or cooperative purchasing agreement unless separately confirmed in writing by an Authorized Officer. USA Safety does not guarantee compliance with the Buy American Act, Trade Agreements Act, Free Trade Agreements Act, FAR, DFARS, or similar procurement regulations. Government customers are responsible for determining whether products meet applicable procurement requirements before ordering. Any government contract clauses, flow-down provisions, or procurement requirements must be disclosed in writing and separately agreed to by an Authorized Officer prior to order placement; such requirements are otherwise rejected. Government entities are exempt from Section 18.2 only to the extent they are prohibited from mandatory arbitration by applicable law; all other provisions of Section 18 remain in full force. USA Safety makes no representations regarding compliance with any cybersecurity frameworks, standards, or requirements imposed by government contracts or regulations, including CMMC or NIST SP 800-171; such requirements must be disclosed in writing and separately agreed to by an Authorized Officer prior to order placement.

26. Chemical Hazard Warnings and Country of Origin

Certain products sold by USA Safety may contain chemicals subject to California Proposition 65 or other state hazard warning requirements. Where applicable, we rely on manufacturer-supplied warnings and disclosures. USA Safety makes no independent warranty as to the accuracy or completeness of such warnings and disclaims all liability for omissions or inaccuracies in manufacturer-provided hazard information. It is your responsibility as the employer or facility operator to ensure compliance with all applicable hazard communication standards, including OSHA HazCom (29 CFR 1910.1200), and to obtain and maintain Safety Data Sheets (SDS) for any hazardous chemicals used at your facility.

Country-of-origin information displayed on our Website is provided for general reference only and may not be current or accurate at the time of your order. For verified country-of-origin data, rely on product packaging or contact the manufacturer directly. USA Safety makes no warranty regarding country of origin and is not responsible for any procurement, tariff, or compliance consequences arising from reliance on Website country-of-origin information. Any tariff classifications, HTS codes, or duty rates displayed on our Website are provided for general reference only and may not be current or accurate. USA Safety makes no warranty regarding tariff classifications and is not responsible for any customs, duty, or compliance consequences arising from reliance on such information.

27. Contact Information

USA Safety Solutions, Inc.

P.O. Box 44282 | Madison, WI 53744-4282

Phone: 877-805-8650 (M–F, 9:00 AM–5:00 PM Central)

Email: Contact form at www.usasafety.com/contact

Website: www.usasafety.com

Recording Notice: Phone calls and live chat communications with USA Safety may be recorded and stored for quality assurance, training, and business purposes. By continuing a call or chat with us, you consent to such recording to the extent required by applicable law.

By using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.