Terms & Conditions

1. YOUR RIGHTS AND OBLIGATIONS
   1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
   2. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
   3. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH SAFETEC, OR (C) ARE PROHIBITED BY APPLICABLE LAW.
   4. These terms and conditions (these “Terms”) apply to the purchase and sale of products and services including through https://safetec.com (the “Site”). These Terms are subject to change by Safetec of America Inc. (collectively, “SAFETEC,” “we,” or “us” or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Site Posting Date” referenced on the Site. You should review these Terms before purchasing any products or services. Your continued  purchases after the “Last Site Posting  Date” will constitute your acceptance of and agreement to such changes.
   5. You should also carefully review our Privacy Policy before placing an order for products or services (see Section 9).
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
3. Minimum Orders. There is a minimum order requirement of $250.00. Any order under this amount is subject to a $25.00 minimum order charge.  The minimum order requirement and associated fee, do not apply to online orders.
4. Prices and Payment Terms.
   1. All prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
   2. We may offer, from time to time, promotions that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
   3. Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept Visa, Mastercard, American Express and Discover for all purchases. There is a 3% fee applied to all invoices that use a credit card as the form of payment. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted at the time of your order.
5. Shipments; Delivery; Title and Risk of Loss.
   1. Online items are shipped FOB Destination. Other items are shipped Ex Works (EXW) Buffalo, with freight charges that are added to your invoice. Items temporarily back-ordered are shipped immediately upon completion. We make every effort to properly package all orders. For assistance, please contact our Customer Service Department. If your order meets the criteria for free freight, please note that your order will be shipped complete.
   2. All packages/shipments should be inspected at time of delivery. Damaged truck shipments should not be refused in full. All shipments need to be accepted by the customer with the damage or shortage clearly marked on the delivery receipt so that Safetec has documentation for claim purposes. Your receiver must note damages or shortages on the delivery receipt.
   3. Any damage or shortage of product must be reported to our Customer Service Department within five (5) business days of receipt of shipment. We may request pictures of the damaged product for claim purposes. The receiver must hold onto the damaged product for carrier inspection or pick-up.
   4. Claims for damage or shortages on shipments that ship common carrier “Collect” must be handled by the customer. For all collect shipments, customers must supply a valid shipping account number. If the account number is invalid, shipping charges will be invoiced. There is no free freight for drop shipping. Free freight is only eligible on orders being shipped from Safetec’s dock to Safetec’s established customer’s dock.
   5. Less-Than-Truckload (LTL) shipments that are prepaid (PPD) and added to the customer’s invoice are based on dock to dock/business to business. Any additional charges such as lift gate, inside delivery, or residential delivery fees will also be invoiced.
      • Residential Fee: $175
      • Lift Gate Fee: $125
      • Inside Delivery Fee: $165
      • Dock Appointment: $35
      • Limited Access: $140 (This fee applies to any delivery made to locations with restricted public access or special entry requirements. Such locations include, but are not limited to hospitals, long-term care facilities, correctional facilities, government sites, schools, and airports.)
      • Military Installation: $165
6. Returns and Refunds.
   1. Merchandise is returnable for full replacement if an error was made by Safetec and the error is reported within 30 calendar days. All merchandise must be sent with a return authorization number given by Safetec’s Customer Service Department.
   2. If the return is not due to an error made by Safetec, the merchandise will be accepted for return with a 15% restocking charge, providing the merchandise is returned within 60 days of shipment. Merchandise that has been in the customer’s possession for over 60 days is not acceptable for return. All returned merchandise must be in Safetec’s standard packaging and in saleable condition. Custom imprinted products are non-returnable except for defective quality or workmanship.
   3. Safetec is not legally permitted to accept returns for over-the-counter (OTC) drug products; this also applies to all Safetec Kits with components that contain OTC products.
7. Warranty and Disclaimers.
   1. The availability of products or services does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services. 
   2. ALL PRODUCTS OFFERED ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
   3. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
   4. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
8. Limitation of Liability.
   1. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
   2. OUR SOLE AND ENTIRE MAXIMUM LIABILITY , FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED. 
   3. The limitation of liability set forth in Section 7(b) shall : (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
9. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, https://safetec.com/privacy-policy/, governs the processing of all personal data collected from you in connection with your purchase of products or services.
10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in a court located in Erie County, New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Safetec.
14. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
15. Notices.
    1. To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    2. To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to info@safetec.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to Safetec of America Inc., 887 Kensington Avenue, Buffalo, New York, 14215. We may update the email address or mailing address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
16. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
17. Entire Agreement. Our order confirmation, these Terms, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

Effective October 22, 2026 V: 26/10