The following is the terms and conditions on which we sell any of the Products listed on our website, TalentPPE.com, to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Talent PPE only accepts U.S. issued payments from credit or debit Visa, MasterCard and Discover cards.
Prices and other information shown are subject to change without notice. All sales subject to stock on hand.
Our warranty policy requires that (a) Talent PPE is contacted within 7 days after receipt of the product and (b) our examination discloses that any alleged defect has not been caused by misuse; neglect; improper installation, operation, maintenance, repair, alteration or modification by any other than Talent PPE.
All returns of Products will be pursuant to Talent PPE instructions. Non-warranty returns of unused and resalable Products for credit will be subject to Talent PPE’s return policies in effect at the time, including applicable restocking charges and other conditions of return. Products returned under warranty must be properly packed and shipped to the Talent PPE factory in Talent, Oregon. Return packages must be clearly marked as Returns and shipped freight prepaid.
INSPECTION AND ACCEPTANCE
Claims for damage, shortage or errors in shipping must be reported within one (1) day following delivery. You will have seven (7) days from the date you receive the product(s) to inspect such products and services for defects and nonconformance which are not due to damage, shortage or errors in shipping and notify Talent PPE customer service by calling 800-422-5526. After seven (7) day period you shall be deemed to have irrevocably accepted the products, if not previously accepted. After such acceptance, you will have no right to reject the products for any reason or to revoke acceptance. You hereby agree that such seven (7) day period is a reasonable amount of time for such inspection and revocation. The sole and exclusive remedy for merchandise alleged to be defective in workmanship or material will be the replacement or refund of the merchandise subject to the manufacturer’s inspection and warranty.
DISCLAIMER AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SELLER WILL NOT BE LIABLE FOR ANY BUSINESS INTERRUPTION OR LOSS OF PROFIT, REVENUE, MATERIALS, ANTICIPATED SAVINGS, DATA, CONTRACT, GOODWILL OR THE LIKE (WHETHER DIRECT OR INDIRECT IN NATURE) OR FOR ANY OTHER FORM OF INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND. OUR MAXIMUM CUMULATIVE LIABILITY RELATIVE TO ALL OTHER CLAIMS AND LIABILITIES, INCLUDING OBLIGATIONS UNDER ANY INDEMNITY, WHETHER OR NOT INSURED, WILL NOT EXCEED THE COST OF THE PRODUCT(S) GIVING RISE TO THE CLAIM OR LIABILITY. TALENT PPE DISCLAIMS ALL LIABILITY RELATIVE TO GRATUITOUS INFORMATION OR ASSISTANCE PROVIDED BY, BUT NOT REQUIRED OF TALENT PPE HEREUNDER. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF ANY OTHER CONTRARY PROVISION HEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. EACH PROVISION HEREOF WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY OR CONDITION OR EXCLUSION OF DAMAGES IS SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND IS TO BE ENFORCED AS SUCH.
Talent PPE will not be liable for any loss, damage or delay arising out of its failure to perform hereunder due to causes beyond its reasonable control, including without limitation, acts of God, acts or omissions of Buyer, acts of civil or military authority, fires, strikes, floods, epidemics, quarantine restrictions, war, riots, acts of terrorism, delays in transportation, or transportation embargoes. In the event of such delay, Talent PPE performance date(s) will be extended for such length of time as may be reasonably necessary to compensate for the delay.