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TERMS AND CONDITIONS OF SALE

Limitations of Liability

In no event shall C&H Distributors LLC ("C&H") or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In the event of any issue with a product that you have purchased through C&H, you agree that your sole remedy, if any, is from the manufacturer of such product, in accordance with such manufacturer’s warranty, or to seek a return and refund for such product in accordance with C&H’s return policy.

Prices; Typographical Errors

Prices are subject to change without notice. C&H is not responsible for typographical errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, C&H Industrial shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. C&H shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, C&H shall promptly issue a credit to your credit card account in the amount of the charge.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. C&H reserves the right at any time after receipt of your order to accept or decline your order for any reason. C&H reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. ALL ORDERS ARE SUBJECT TO THESE TERMS AND CONDITIONS OF SALE. YOU ACKNOWLEDGE AND AGREE THAT ACCEPTANCE OF YOUR ORDER IS CONDITIONED UPON YOUR ASSENT TO THESE TERMS AND CONDITIONS OF SALE AND ANY INCONSISTENT PROVISIONS OF ANY PURCHASE ORDER OR OTHER WRITING SHALL NOT CONSTITUTE A PART OF THE CONTRACT OF SALE.

Sales and Use Tax

Customers purchasing from C&H and shipping to Oklahoma, Colorado, or Kentucky may have additional tax requirements. Click here to see important sales and use tax information regarding the tax you may owe directly to the state of your residence if you are located in Oklahoma, Colorado or Kentucky.

Warranty Limitations

The only warranties applying to products sold are those, if any, specifically provided by the manufacturer to be honored by the manufacturer. You acknowledge and agree that C&H is a distributor and not a manufacturer, and all applicable product specifications, representations and warranties are solely those of the manufacturer of the product sold. C&H makes no warranties, express or implied, and disclaims all other warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose and conformity to models or samples. Some states do not allow limitations on implied warranties so these limitations may not apply to you. Manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.

Payment Terms

Terms of payment are within C&H's sole discretion, and unless otherwise agreed to by C&H, payment must be received by C&H prior to C&H's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by C&H. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. C&H may invoice parts of an order separately. Orders are not binding upon C&H until accepted by C&H. Any quotations given by C&H will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

Aircraft Products

C&H does not sell products intended to be used as Aircraft Products. C&H shall not be responsible to Customer or any third party, including any customer of Customer, or liable for any liability, damage, loss, injury, demand, claim or suit that directly or indirectly arises out of or allegedly arises out of use of or is attributable or due to use of the products we sell as Aircraft Products. “Aircraft Products” means (i) aircraft, missiles or spacecraft and any ground support or control equipment used in connection with aircraft, missiles or spacecraft; (ii) products installed in or used in connection with aircraft, missiles or spacecraft, including spare parts, ground handling tools and equipment; (iii) training aids, instructions, manuals, blueprints, engineering or other advice; and (iv) any services and labor related to any of the above. Customer warrants that it shall not use or install or offer for sale an item purchased from C&H as an Aircraft Product. In addition, Customer shall not sell to any of its direct or indirect customers, any item purchased from C&H which its customer intends to use as an Aircraft Product and shall advise its customers in writing of such prohibition.

Shipping Charges/Taxes/Delivery

Separate charges for shipping and handling will be shown on C&H's invoice(s). You are responsible for all applicable sales and other taxes associated with the order. If applicable, a separate charge for taxes will be shown on C&H's invoice. C&H will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, labor strikes, transportation failures or acts of God.

Title/Risk of Loss

Title to products and risk of loss passes from C&H to you upon delivery to the carrier.

Components

Unless you are purchasing a remanufactured product, the product you purchase contains components that are new or equivalent to new in accordance with industry standards. Once you place an order for custom-cut, customer built or special order items (such as matting, slings, cranes, prefab offices, buildings, mezzanines, assembled lockers and regularly stocked items such as generators, pressure washers, water and trash pumps, snow throwers, radio headsets, striping paint, line stripers, floor care machines, vacuums, custom fabric chairs, forklifts) your order is considered non-cancelable and any custom-cut, customer built or special order items purchased by you are also non-returnable.

Important Notice to Federal Customers

While products listed onC&H's GSA Advantage!® meet the requirements of the Trade Agreements Act ("TAA"), as implemented by Federal Acquisition Regulations Part 25, other products sold by C&H may not meet the requirements. At the time of purchase, C&H will advise properly identified and authorized Federal Customers if a product is "TAA-compliant." Any Federal Customer purchasing a non-TAA item will be making an "open market" purchase that is not covered by any contract. Federal Customers are advised that the open market purchases are NOT GSA schedule purchases. By purchasing any product on the open market, the Federal Customer represents that it has authority to make such purchase and has complied with all applicable procurement regulations.

Important Country of Origin Information

For certain items sold by C&H on www.chdistgov.com, the displayed country of origin information may not be accurate or consistent with manufacturer information. For updated, accurate country of origin data, it is recommended that you rely on product packaging or manufacturer information.

Safety Data Sheet (SDS)

The Hazard Communication Standard (29 CFR 1910.1200(g)) requires that the chemical manufacturer, distributor, or importer provide an Safety Data Sheet ("SDS") for each hazardous chemical to downstream users to communicate information on these hazards. Employers shall have an SDS in the workplace for each hazardous chemical which they use. Each SDS includes information such as the properties of each chemical; the physical, health, and environmental health hazards; protective measures; and safety precautions for handling, storing, and transporting the chemical. Since each SDS is supplied by the chemical manufacturer/importer, C&H expressly relies on the evaluation of the chemical manufacturer/importer contained therein. C&H MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO YOU AND/OR ANY OTHER USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE INFORMATION IN ANY SDS. Send SDS requests to: C&H Distributors, LLC, 11 Harbor Park Dr, Port Washington, NY 11050, Attn. Legal Department, or log onto the Site and click the SDS link for the applicable product or call 1-800-607-8520.

California Proposition 65

Some products may contain certain chemicals and, therefore, are subject to warning requirements of California Proposition 65. Proposition 65 requires that packages of products containing certain chemicals identified by the State of California as causing cancer, birth defects or other reproductive harm contain warnings. C&H relies on the manufacturer regarding the hazardous chemicals in their products and makes no representations or warranties regarding the information provided by the manufacturer. For information on whether a specific product you are considering purchasing from C&H contains a Proposition 65 warning label, please email governmentsales@chdistgov.com.

Export Sales

You agree that you will not divert, use, export or re-export the products contrary to United States law. You expressly acknowledge and agree that you will not export, re-export, or provide the products to any entity or person within any country that is subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. The list of such countries subject to United States economic sanctions or embargoes may change from time to time but currently includes Cuba, Iran, Sudan, and Syria. You also expressly acknowledge and agree that it will not export, re-export, or provide the products to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department's list of Specially Designated Nationals or on the United States Commerce Department's Denied Persons List, Entity List, or Unverified List.

Amendments/Applicable Law

These terms and conditions of sale may be amended at any time by C&H. The laws of the State of New York shall govern these terms and conditions of sale.

User Generated Content Policy

From time to time on certain areas of the Site you may be able to submit reviews, comments, feedback and certain other materials (collectively, "User Contributions"). By using these features, you agree that: (a) you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by C&H in its discretion; (b) you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (c) you will not impersonate any person or organization, including without limitation, the personnel of C&H, or misrepresent an affiliation with another person or organization; and (d) you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or any feature of the Site.

You represent and warrant that you own or have a valid license to use the User Contribution submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of the User Contribution, and C&H's use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

For any User Contribution that you submit, you grant C&H and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute your User Contribution and/or incorporate your User Contribution into any form, medium or technology throughout the world without compensation to you. Any User Contribution that you submit may be used and shared with authorized third-parties at C&H’s sole discretion.

TERMS AND CONDITIONS OF USE

Materials appearing on www.chdistgov.com website (the "Site") are copyrighted by C&H unless otherwise noted, and may not be used without the written permission of the copyright owner.

The Site is presented for private, noncommercial use only. Materials presented at the Site may be downloaded and printed exclusively for private, noncommercial use, provided that all copyright notices and other notices or proprietary rights are retained on resulting hard copies of the materials. No materials presented at the Site may be otherwise reproduced, in whole or in part, retransmitted or distributed without the written permission of C&H.

Trademarks appearing at the Site may be owned and/or registered by parties other than C&H, as denoted by express attribution or the clear implication of context. No representation contained at the Site should be construed to authorize the reproduction, retransmission or other use of the trademarks of C&H or other parties.

C&H will enforce its intellectual property rights to the full extent of the law.

C&H uses reasonable efforts to include accurate and up-to-date information on the Site, but does not warrant that it is free of errors or omissions. Because of continuing improvements, actual products may differ slightly from photo. Photograph images may have been retouched. C&H will not be liable for any damages to the end-user, whether direct, consequential or incidental, arising from the end-user's use of, or reliance upon, material presented at the Site. C&H will not be liable for any damages to, or viruses that may infect, your computer or related equipment as the result of your access to, use of, or downloading material from, the Site. C&H is not responsible for the contents of any off-site pages or any other sites linked to the Site. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT ON THE SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.

All communications received by C&H via electronic mail or otherwise, including letters, questions and comments, may be posted on the Site or otherwise published by C&H. Such communications may be edited for length and clarity.

Certain links on the Site will allow you to leave the Site. These linked sites are not produced by C&H and C&H is not responsible for the content or material of any linked site or any link contained in a linked site, or any changes or updates to such sites. These linked sites are included by C&H as a service to its customers, and the links do not necessarily imply endorsement by C&H.

The videos provided on the Site, as well as all content in the Resource part of the Site are for informational, educational and promotional purposes only (the “Informational Content”). It is your responsibility to ensure compliance with all applicable laws, rules, codes and regulations and C&H assume no responsibility for the accuracy of the information contained in the Informational Content and disclaims any liability for omissions, errors or outcomes. If there is any question or doubt in regards to any element contained in the Informational Content, please consult a licensed professional. You may not rely on any information and opinions expressed in the Informational Content for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Informational Content. Under no circumstances will C&H be liable for any loss or damage caused by your reliance on any Informational Content.

These terms and conditions of use may be amended at any time by C&H. The laws of the State of New York shall govern these terms and conditions of use.