Terms & Conditions
Wholesale Industrial Supply
Last Updated: 05/01/2021
We reserve the right at any time to change: (i) these Terms; (ii) this Site, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Site or the hours that they are available; and (iii) the equipment, hardware or software required to use and access this Site.
Any changes we make to these Terms will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Site. Your continued use of this Site after such notice will be deemed acceptance of such changes. Be sure to return to this Site periodically to ensure you are familiar with the most current version of these Terms.
You may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. You may only use this Site for lawful purposes.
If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms, you may not enter into this agreement or use this Site.
Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Site, you may not enter into this agreement or use this Site. By using this Site you are explicitly stating that you have verified in your own jurisdiction if your use of this Site is allowed.
We make no representation that materials in this Site are appropriate or available for use in all locations. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right to limit the availability of the Site, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other product provided.
Wholesale Industrial Supply shall have no liability for interruptions or omissions in Internet, network or hosting services and does not warrant that the Site or the services which make this Site available or electronic communications sent by Wholesale Industrial Supply are free from viruses or any other harmful elements.
Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any Account at any time and for any reason in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access this Site via your username or password to any third person.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You agree to notify us immediately of any unauthorized use, theft or misappropriation of your Account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
TERMS AND CONDITIONS OF SALE
By providing a credit card or other payment method accepted by Wholesale Industrial Supply, you represent and warrant that that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.
Availability, Pricing, and Delivery
Although we strive to make this Site as error free as possible, we unfortunately occasionally provide information or pricing that is not correct or accurate. At the discretion of Wholesale Industrial Supply, we may modify orders, cancel orders, or take whatever appropriate actions as we deem necessary to alleviate the situation. In the event information we provide results in property, physical, or other harm, we assume no liability. Wholesale Industrial Supply reserves the right to change the product price or to discontinue the sale of any product on this Site at any time without notice.
The Product is subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering the Product without prior notice. The price for the Product is subject to change at any time, but changes will not affect any order for the Product you have already placed.
The Product will be delivered in accordance with our Shipping Policy.
Wholesale Industrial Supply calculates and charges sales tax in accordance with applicable laws.
If, for any reason, you want to return the Product you purchased, you may do so for exchange or store credit in accordance with our Return Policy.
PERSONAL USE ONLY
This Site is only for personal or internal business use. You may not use this Site in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
CODE OF CONDUCT
You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Wholesale Industrial Supply’ computer systems or perform functions that you are not authorized to perform pursuant to these Terms. While using this Site you agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). You shall not interfere with or disrupt the Site, our servers or our networks, or take any action that imposes unreasonably or disproportionately large load on our infrastructure.
If you know or suspect that any of the materials on the Site have been used or copied in a way that constitutes copyright infringement, please contact us directly. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:
- A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent or the law; and
- A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed.
While we endeavor to keep downtime to a minimum, we cannot promise that this Site will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Site, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Site.
CURRENTNESS OF WEBSITE
Wholesale Industrial Supply updates the information on this Site periodically. However, Wholesale Industrial Supply cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site. Wholesale Industrial Supply may revise, supplement or delete information, services and/or the resources contained in this Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.
INTERNET SOFTWARE OR COMPUTER VIRUSES
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site.
Wholesale Industrial Supply shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any user materials or other content from this Site. Wholesale Industrial Supply recommends that you install appropriate anti-virus or other protective software.
This Site is owned and operated by Wholesale Industrial Supply in conjunction with others pursuant to contractual arrangements.
Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Wholesale Industrial Supply and its licensors. ALL RIGHTS RESERVED.
Wholesale Industrial Supply may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively " Wholesale Industrial Supply Materials") available to you from this Site, from time to time. If you download or use Wholesale Industrial Supply Materials, you agree that such materials are licensed for your limited personal use only and not sold or assigned and: (i) may only be used for your personal and non-commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Wholesale Industrial Supply's prior written permission, and (iii) shall be only be used in compliance with any additional license terms accompanying such materials. Wholesale Industrial Supply does not transfer either the title or the intellectual property rights to the Wholesale Industrial Supply Materials, and retains full and complete title to the Wholesale Industrial Supply Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Wholesale Industrial Supply Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled Wholesale Industrial Supply Materials into a human-perceivable form. Wholesale Industrial Supply or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
All rights not expressly granted herein are reserved by Wholesale Industrial Supply. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
This Site, (including its organization and presentation and Wholesale Industrial Supply Materials) is the property of Wholesale Industrial Supply and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.
DISCLAIMER OF WARRANTIES
THIS SITE, THE PRODUCT, AND THE WHOLESALE INDUSTRIAL SUPPLY MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WHOLESALE INDUSTRIAL SUPPLY DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE PRODUCT, OR THE WHOLESALE INDUSTRIAL SUPPLY MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. YOU WILL BE SOLELY RESPONSIBLE FOR, AND WHOLESALE INDUSTRIAL SUPPLY DISCLAIMS, ANY AND ALL LOSS, LIABILITY OR DAMAGES RESULTING FROM YOUR USE OF THE SITE, THE PRODUCT, AND THE WHOLESALE INDUSTRIAL SUPPLY MATERIALS. WHOLESALE INDUSTRIAL SUPPLY HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.
LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE, THE PRODUCT AND THE WHOLESALE INDUSTRIAL SUPPLY MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL WHOLESALE INDUSTRIAL SUPPLY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE PRODUCT, THE WHOLESALE INDUSTRIAL SUPPLY MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to, upon request, defend, indemnify and hold us harmless from any and all liabilities, claims, losses and expenses, including attorneys' fees, which arise directly or indirectly from, or relate to: (1) any breach of these Terms for which you are responsible; (2) your use of this Site or the Product; or (3) your violation, infringement, or misappropriation of the intellectual property, proprietary or other rights of any third party. Wholesale Industrial Supply reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Wholesale Industrial Supply. This indemnification section will survive any termination or expiration of these Terms.
CONTACTING WHOLESALE INDUSTRIAL SUPPLY
If you need to contact us regarding this Site or these Terms, please Contact Us.
Wholesale Industrial Supply shall not be responsible or liable for any cause, event, situation, or agency preventing performance of an obligation under this Agreement which is beyond the reasonable control of any party hereto, and which by the exercise of due diligence could not have been avoided or overcome without undue effort or expense, including without limitation, widespread disease or pandemic (such as COVID-19), acts of governmental authorities (such as quarantines or business shutdowns or other limitations on business operations, or other laws, regulations or orders to address other events or circumstances that would be a Force Majeure under this Agreement), civil commotion (such as riots or protests), cyber attacks (such as hacking, viruses, ransomware or other compromises to IP systems), fire or other casualty, lack of police or fire protection or other governmental services, restrictions or limitations on fuel, transportation or shipping, or the impossibility of the use of railways, aircraft, or other means of public or private transport, failure of public or private telecommunications networks, flood, sabotage, embargo, explosion, war, military actions, terrorist attacks, strikes, labor trouble, material/component shortages or unavailability, accident, other events that materially disrupt business operations or any other event similar in nature, or other acts of God, which shall excuse any failure or delay on the part of Wholesale Industrial Supply, and Wholesale Industrial Supply shall have no obligation or liability whatsoever arising out of or in connection with any such failure or delay.
These Terms are governed by and construed in accordance with the laws of the State of North Carolina and the United States of America, without regards to their respective principles of conflicts of law. You agree to the exclusive personal jurisdiction by the federal and state courts located in the State of North Carolina, United States of America, in any matter arising from or related to these Terms and your use of the Site and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us. These Terms are not assignable, transferable or sub-licensable by you except with Wholesale Industrial Supply’ prior written consent. These Terms provide only for the use of this Site. These Terms shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.