We are SafeGuard PPE Supply (SPS), a company registered in the United State with a corporate office located at P.O. Box 143402 Irving, Texas 75014-3402. Our primary website is located at https://safeguardppe.wpengine.com (SPS) maintains this web property as a sub-domain under the domain of www.safeguardppesupply.com – from here on collectively referred to as “Our Site.”
SAFEGUARD PPE SUPPLY TERMS OF ACCESS
Your access to and use of Our Site, the information and documents contained therein, and the software and hardware necessary to operate Our Site is subject to these Terms. By accessing or using Our Site, you are acknowledging your consent to these Terms and are bound by these Terms. Our Site is owned, operated and maintained by (SPS) and has been created for your information, education, and communication. Our Site and all perceptible components hereof, including without limitation text, images, and audio, are copyrighted by (SPS).
Content on Our Site, including graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, HTML code, scripts, video, software created for mobile applications, and audio, and the compilation of the foregoing (“SPS Content”) is the property of (SPS) and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. (SPS) Content may not be used by you without the express written agreement of (SPS). All software used on this site is our property or the property of our service provider or its suppliers and protected by United States and international copyright laws. Our Site is available only for your legitimate business purposes and is subject to these SafeGuard PPE Supply Terms. You may not copy, reproduce, republish, post, distribute, transmit, link to or modify in any way all or any part of Our Site or the (SPS) Content without (SPS’s) expressed written approval.
LICENSE & SITE ACCESS
We grant you a limited license to access and make personal or business use of Our Site. No right, title or interest in Our Site or (SPS) Content (“Materials”) is conveyed to you. You may not download (other than page caching) or modify the materials, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of the materials; any collection and use of any product listings, descriptions, or prices; any derivative use of the materials; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The materials may not be reproduced, duplicated, copied, sold, resold, visited, published, displayed, or otherwise exploited for any commercial purpose without our express written consent. All rights not expressly granted are reserved by (SPS).
Links may be established from this Site to one or more external websites or resources operated by third parties (“Third Party Sites”). In addition, certain Third Party Sites also may provide links to Our Site. None of such links should imply that (SPS) endorses the Third Party Sites or any content therein. Unless the link is to another (SPS) website, (SPS) does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and (SPS) will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
PROHIBITED USES OF THIS SITE
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that:
are illegal, obscene, vulgar, profane, indecent, sexually explicit, threatening, harassing, abusive, hateful, racially or ethnically derogatory, defamatory, invasive of privacy or publicity rights, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable
consist of or contain software viruses, corrupted files, or any other similar software files, the intent of which is to damage or alter the operation of another computer or device
contain political campaigning, unsolicited advertising, promotional materials or other forms of solicitation to other users, individuals or entities
contain chain letters, pyramid schemes, mass mailings or any form of “spam”
use a false email address, impersonate another person or entity, including (SPS) and its employees or agents, or is otherwise misleading as to the origin of the content
encourage conduct that would constitute a criminal offense
give rise to civil liability
otherwise violate any law
amounts to any conduct that, in the judgment of (SPS), restricts, impairs, interferes or inhibits any other user from using or enjoying Our Sites, (SPS) content, and/or our related services and products.
You agree to indemnify and hold (SPS), officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these SafeGuard PPE Supply Terms, including that which may arise from the use of User Submissions.
Applicable laws require that some of the information or communications we send to you, should be in writing. When using Our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on Our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Our Site, including the (SPS) content and products referred to in Our Site are controlled, operated and available in the United States and may not be available or appropriate elsewhere. Your use of the materials constitutes your acknowledgement of the foregoing restrictions and your acceptance of all the risk.
OUR SITE AND (SPS) CONTENT AND PRODUCTS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. (SPS) MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE MATERIALS OR ANY INFORMATION OR SOFTWARE THEREIN. FURTHERMORE, (SPS) DOES NOT WARRANT THAT THE MATERIALS ARE FREE OF COMPUTER “VIRUSES.” SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We request information from you on our order forms. During the registration process your account is linked to a corporate customer account. To buy from us, you must provide additional information (like shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we will use your information to contact you.
We use “cookies” on Our Site and in HTML-based email communications. A cookie is a piece of data stored on a site visitor’s local hard drive to help us improve your access to Our Site and identify repeat visitors. Without these cookies, we would not be able to provide a good experience to you. For instance, when we use a cookie to identify you, we can improve your experience by remembering preferences or settings that you use, thereby saving time while on Our Site. Cookies can also enable us to track and target the interests of our users to enhance the experience on Our Site. We do not store sensitive or personally identifiable information in cookies.
We may also use related technologies including web beacons, bugs, pixels, and software tokens to facilitate and improve your use of Our Site. Most notably, Our Site may use software tokens (stored securely) to facilitate a single-sign-on log-in process with other sites or services we may integrate with.
THIRD-PARTY COOKIES & TRACKING PIXELS
DISABLING COOKIES & TRACKING PIXELS
Most web browsers and email clients automatically accept cookies and/or tracking pixels, but if you prefer you can change your browser to prevent that default behavior or to notify you each time a cookie is set. If you do not want to receive tracking pixels, you will need to disable HTML images in your browser or email client, and that may affect your ability to view images from others as well.
The Network Advertising Initiative has also developed a tool that may help you understand which third parties have currently enabled cookies for your browser and opt-out of those cookies. Further information can be found at the http://optout.networkadvertising.org website. Please note however that, by blocking or deleting cookies, you may not be able to take full advantage of the features on Our Site.
We may share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. Additionally, we use outside shipping companies to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.
SAFEGUARD PPE SUPPLY TERMS OF PURCHASE
By placing an order through Our Site, you warrant that:
you are legally capable of entering into binding contracts
you are at least 18 years old
you have the authority to place personal, business or licensed orders
HOW THE CONTRACT IS FORMED BETWEEN YOU & US
After placing an order, you will receive an email from (SPS) acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a further email that confirms when the Product will be dispatched (“Order Acknowledgement”). The contract between us (“Contract”) will only be formed when we send you the Order Acknowledgement. The Contract will relate only to those Products whose dispatch we have confirmed in the Order Acknowledgement. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Acknowledgement.
Applicable laws require that some of the information or communications (SPS) sent to you should be in writing. When using Our Site, you accept that communication with (SPS) will be mainly electronic. (SPS) will contact you by email or provide you with information by posting notices on Our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that (SPS) provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
(SPS) may provide links on Our Site to the websites of other companies, whether affiliated with (SPS) or not. (SPS) cannot give any guarantees against products you purchase from third party sellers through Our Site, or from companies whose website (SPS) has provided a link to on Our Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by (SPS) absolutely. This DISCLAIMER does not affect any statutory rights which you may have against the third-party seller.
AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Order Acknowledgement or, if no delivery date is specified, then within 30 days of the date of the Order Acknowledgement, unless there are exceptional circumstances.
As a distributor, (SPS) relies on manufacturers, suppliers, and other partners to provide the product information that we show on Our Site. In many cases (SPS) makes attempts to enhance product information by aggregating data from multiple sources. (SPS) attempts to be as accurate as possible regarding product descriptions, pricing and availability. However, unless specifically stated otherwise in writing on Our Site, we do not warrant that product descriptions or other content of Our Site is accurate, complete, reliable, current, or error-free. From time to time there may be information on Our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. (SPS) reserves the right to make changes in information about price, description, or availability without notice. (SPS) reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. (SPS) has made every effort to display as accurately as possible the colors of our products that appear on Our Site; however, the actual color you will see will depend on many factors, including your computer, and (SPS) cannot guarantee that your computer will accurately display (SPS) colors. The inclusion of any products on Our Site does not imply or warrant that these products will be available over the internet at any particular time.
PRICE & PAYMENT
The prices shown on Our Site may or may not be accurate for your use. Many prices are provided by default at “list price”. The final price of the products and (SPS) delivery charges will be as agreed to while reviewing formal quotes and Contracts provided by (SPS), except in cases of obvious error.
Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on Our Site may be incorrectly priced. The pricing shown on Our Site will take into account Contract or “blanket” pricing for the logged-in user whenever and wherever possible. Otherwise pricing is generic list price and not to be considered final. (SPS) will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on Our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you that we are rejecting it. If the pricing error is obvious and unmistakable, we do not have to provide the products to you at the incorrect (lower) price.
If a credit account has been set up between our companies, then an invoice will be generated to the account on file. Additionally, the option to pay by credit card is always available.
LIABILITY ON PRODUCTS
If (SPS) fails to comply with this policy, we shall only be liable to you for the purchase price of the products and, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort [including negligence], breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
loss of income or revenue
loss of business
loss of profits
loss of anticipated savings
loss of data
waste of management or office time
Nothing in this agreement excludes or limits our liability for:
death or personal injury caused by our negligence
fraud or fraudulent misrepresentation
any other matter for which it would be illegal for us to exclude or attempt to exclude our liability
EVENTS OUTSIDE OUR CONTROL
(SPS) will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these SafeGuard PPE Supply Terms or an existing Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
strikes, lock-outs or other industrial action
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
fire, explosion, storm, flood, earthquake, subsidence, pandemic or epidemic or other natural disaster
impossibility of the use of railways, shipping, aircraft motor transport or other means of public or private transport
impossibility of the use of public or private telecommunications networks
the acts, decrees, legislation, regulations or restrictions of any government
pandemic or epidemic
Our performance under these Terms or any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If (SPS) fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
OUR RIGHT TO VARY THESE TERMS & CONDITIONS
(SPS) has the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these SafeGuard PPE Supply terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Acknowledgement (in which case we have the right to assume that you have accepted the change to the SafeGuard PPE Supply terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
LIMITATION OF LIABILITY
Under no circumstances, including negligence, shall (SPS) be liable for damages of any kind, including without limitation special or consequential damages, arising out of your access to, or inability to access, or your use of, or reliance upon, the materials. In addition, (SPS) has no duty to update the materials and (SPS) shall not be liable for any failure to do so. However, if (SPS) does update the materials, which it has the right to do so at any time; it may do so with or without notification to you and without liability to you. Further, (SPS) is neither responsible nor liable for your use of other websites which you may access via certain links within Our Site. These links and other “resources” referenced in the materials are provided merely as a public service to users and inclusion in Our Site does not constitute an endorsement by or affiliation with (SPS).
By visiting Our Site, you agree that the laws of the State of Texas, United States of America (USA), without regard to principles of conflict of laws, will govern these SafeGuard PPE Supply Terms and any dispute of any sort that might arise between us.
As a result of the critical situation caused by COVID-19 and the low market supply of many products needed to protect healthcare workers and others throughout the world, SafeGuard PPE Supply (SPS) has sourced and is supplying a number of products developed for general purpose use only. We make no claim to the suitability of these products for whatever purpose.
Due to the urgency of the need and the requested speed to market, the Buyer understands that some suppliers have not undertaken typical or customary FDA, OSHA, safety, healthcare, or other regulatory testing and approval of the product, and that suppliers are therefore unable to warrant or represent that the product will provide the necessary protection against the virus causing COVID-19 or other viruses, disease, or other biological exposure.
In addition, some of the products marketed on this site are not intended for general industrial or construction applications.
Customer agrees to assume all responsibility and liability in relation to (1) their use of the product(s); and (2) any third party application and use of the product(s).
Customer agrees to assume all responsibility and liability in relation to (1) their use of the product(s); and (2) any third party application and use of the product(s). (SPS) hereby disclaims all warranties, including without limitation, the warranties of merchantability and of use for a specific purpose, and offers the product(s) to Buyer “As Is.”
Buyer agrees that all products are sold on the condition that the products: (i) meet Buyer’s requirements; (ii) are appropriate for the Buyer’s intended use; and (iii) comply with Buyer’s compatibility and use requirements.
It is the Buyer’s responsibility to verify that products purchased from (SPS) are suitable for the use for which the Buyer intends them. This responsibility includes the resale, donation, or transfer of any of these products to third parties.
RETURN & REFUND POLICY
SafeGuard PPE Supply (SPS) would like you to be satisfied with your purchases and happy with us as your supplier. Due to United States Emergency Designation for the COVID-19 pandemic, all products fall into the categories now deemed “All Sales Final” and are not eligible for return if purchased after March 1, 2020. In the event that your order is received damaged by the shipper you are advised not to accept the shipment and to file a claim directly with the shipper who will then contact (SPS) for replacement products.
If any term, condition, or provision of these SafeGuard PPE Supply Terms is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby. These Terms will be governed by and construed in accordance with the internal laws of Texas without regard to conflicts of laws principles. By accepting these terms, you irrevocably waive any right to a change of venue and agree that any action, proceeding or counterclaim, whether at law or in equity, brought by either party shall be governed by the laws of the State of Texas, USA. These Terms operate to the fullest extent permissible by law.
IF YOU DO NOT AGREE TO THESE SAFEGUARD PPE SUPPLY TERMS, DO NOT ACCESS OR USE THIS SITE.