Terms and Conditions

TERMS AND CONDITIONS

American Industrial Safety, Inc. | www.americanindustrialsafety.com

Last Updated: April 29, 2026

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR PLACING AN ORDER. These Terms and Conditions ("Terms") govern your access to and use of the website located at www.americanindustrialsafety.com (the "Site") and the purchase of products from American Industrial Safety, Inc. ("AIS," "we," "us," or "our"). By accessing the Site, placing an order, or remitting payment, you ("Customer," "you," or "your") agree to be bound by these Terms. If you do not agree, do not use the Site or place an order.

1. About AIS

American Industrial Safety, Inc. is a Minnesota corporation located at 400 N 10th St, Suite B, Lake City, MN 55041. We sell industrial safety products, including custom-fabricated bollards, bollard covers, machine guards, and related items, as well as in-stock safety supplies.

2. Acceptance of Terms; Modifications

Your use of the Site and any purchase you make constitutes acceptance of these Terms and any policies referenced herein, including our Privacy Policy, Shipping Policy, and Returns Policy. AIS may modify these Terms at any time by posting an updated version on the Site. The Terms in effect at the time you place your order govern that order.

3. Eligibility & Authorization

You represent and warrant that you are at least 18 years of age, that you are authorized to use the payment method provided, and that all information you submit (including billing address, shipping address, and contact information) is accurate, current, and complete. You further represent that you are the authorized cardholder, account holder, or signatory of the payment method, or that you have express authority from the account holder to charge that payment method for the full amount of your order.

4. Orders & Order Acceptance

All orders placed through the Site, by phone, by email, or by signed estimate are offers by you to purchase products subject to these Terms. AIS reserves the right to accept, decline, or limit any order in our sole discretion, including for reasons such as suspected fraud, payment verification failure, product unavailability, pricing or specification errors, or shipping limitations. An order is not accepted until AIS issues a written acceptance or commences production or shipment, whichever occurs first.

AIS may require additional verification for any order, including but not limited to phone verification, address verification, identity verification, or alternative payment for orders exceeding $5,000.

5. Custom-Fabricated Products — Final Sale

Custom-fabricated products — including but not limited to custom bollards, custom bollard covers, custom machine guards, custom signs, and any product built to customer-supplied specifications — are specially manufactured goods under Uniform Commercial Code §2-201(3)(a) and §2-105. These products are made to your specifications and are not suitable for sale to others in the ordinary course of our business.

ALL CUSTOM ORDERS ARE FINAL SALE — NON-RETURNABLE, NON-REFUNDABLE, AND NON-CANCELLABLE ONCE PRODUCTION HAS BEGUN. Production is deemed begun upon receipt of (i) full payment and (ii) the signed cut sheet/order form. By submitting a custom order, you acknowledge and accept that you cannot return, exchange, or obtain a refund for the product, regardless of changes in your project, requirements, or preferences after production begins.

You are solely responsible for the accuracy of all dimensions, materials, finishes, quantities, and other specifications you supply. AIS will fabricate products in accordance with the signed cut sheet and is not liable for products that conform to customer-supplied specifications, even if those specifications later prove incorrect for your intended application.

6. Stock Product Returns

Stock (non-custom) products may be returned within 30 days of delivery in unused, resaleable condition with all original packaging. A 20% restocking fee applies. Return shipping is the customer's responsibility. To initiate a return, contact us at the phone number or email listed on our Returns page. AIS does not accept returns of stock items more than 30 days after delivery, items shipped directly from the manufacturer (drop-ship items), or items marked non-returnable on the product page.

7. Pricing & Payment

Prices are listed in U.S. dollars and are subject to change without notice. Quoted prices on estimates are valid for 30 days unless otherwise stated. Payment is due in full prior to production for custom orders and prior to shipment for stock orders. We accept ACH transfer, bank wire, and major credit cards as indicated at checkout or on the estimate. AIS reserves the right to require ACH or wire payment for any order, including but not limited to all custom orders and any order exceeding $5,000.

If your payment is rejected, reversed, or returned for any reason, you remain liable for the full purchase price plus any associated fees. Past-due balances accrue interest at 1.5% per month (18% per annum) or the maximum rate allowed by Minnesota law, whichever is lower.

8. No Chargebacks; Dispute Resolution

By placing an order, you expressly agree NOT to initiate a chargeback, payment reversal, or dispute with any card issuer, bank, or payment processor for any reason addressed by these Terms, including but not limited to: (a) the non-returnable nature of custom orders; (b) errors in customer-supplied specifications; (c) freight, delivery, or accessorial charges; (d) installation issues outside of AIS's control; (e) buyer's remorse; or (f) changes in your project requirements after order placement.

If you have a concern about your order, you agree to contact AIS directly first to attempt resolution before initiating any chargeback or dispute. AIS will work in good faith to address legitimate concerns.

Any chargeback initiated in breach of this provision shall be a material breach of these Terms, and you agree to reimburse AIS for: (i) the full disputed amount; (ii) all chargeback fees and processor penalties; (iii) all costs of collection, including reasonable attorney's fees; and (iv) interest at 1.5% per month on unpaid balances. AIS reserves all rights to recover disputed amounts through collection, civil litigation in Minnesota, and reporting to credit bureaus and industry databases.

9. Shipping, Delivery & Risk of Loss

Free motor freight shipping, where offered, applies only to commercially zoned addresses with forklift unloading capability. Liftgate service, residential delivery, limited-access locations, redelivery attempts, storage, inside delivery, and any other accessorial fees are the customer's sole responsibility. Estimated lead times and ship dates are good-faith estimates only and are not guaranteed. AIS is not liable for delays caused by carriers, weather, customs, force majeure, or any cause outside our reasonable control.

Title and risk of loss pass to the customer upon AIS's tender of products to the carrier (FOB Origin). The customer must inspect deliveries and note any visible damage on the bill of lading at the time of receipt. Concealed damage claims must be reported to AIS in writing within 5 business days of delivery, with photographs of the damage and original packaging.

10. Limited Warranty

AIS warrants that products will conform to the specifications shown on the signed cut sheet (for custom orders) or product description (for stock orders), and will be free from defects in materials and workmanship under normal use for ninety (90) days from the date of delivery. AIS's sole obligation under this limited warranty is, at AIS's option, to repair or replace the non-conforming product, or to refund the purchase price (for stock orders only).

EXCEPT FOR THE LIMITED WARRANTY ABOVE, AIS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. No representation by any AIS employee, agent, or distributor shall create any warranty beyond the express limited warranty stated above.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIS'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS, THE SITE, OR ANY PRODUCT SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL AIS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, DOWNTIME, LOSS OF USE, COST OF SUBSTITUTE PRODUCTS, OR PROPERTY DAMAGE, EVEN IF AIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Indemnification

You agree to indemnify, defend, and hold harmless AIS, its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising from (a) your breach of these Terms; (b) your misuse of any product; (c) the inaccuracy of any specifications you supply; (d) any chargeback or dispute initiated in breach of Section 8; or (e) your violation of any law or third-party right.

13. Intellectual Property

All content on the Site — including text, graphics, logos, product photographs, drawings, and software — is owned by or licensed to AIS and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any Site content without AIS's prior written consent.

14. Use of the Site

You agree not to (a) use the Site for any unlawful purpose; (b) attempt to gain unauthorized access to any portion of the Site, our systems, or any other user's account; (c) use any automated means to access, scrape, or collect information from the Site; (d) interfere with the operation of the Site; or (e) use the Site to transmit viruses, malware, or harmful code. AIS reserves the right to suspend or terminate your access to the Site for any violation.

15. Privacy

Your use of the Site is also governed by our Privacy Policy, available at www.americanindustrialsafety.com/terms_privacy.asp, which is incorporated into these Terms by reference.

16. Governing Law & Venue

These Terms are governed by the laws of the State of Minnesota, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The parties consent to exclusive jurisdiction and venue in the state or federal courts located in Wabasha County, Minnesota, for any dispute arising under these Terms or relating to the Site or any product. Each party waives any right to a jury trial.

17. Statute of Limitations

Any claim arising from or related to these Terms, the Site, or any product must be brought within one (1) year after the cause of action accrues, or be forever barred.

18. Force Majeure

AIS is not liable for any failure or delay in performance caused by events beyond our reasonable control, including without limitation acts of God, natural disasters, fire, flood, severe weather, war, terrorism, civil unrest, government action, labor disputes, supply-chain disruptions, transportation failures, pandemics, or epidemics.

19. Severability; No Waiver

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable. AIS's failure to enforce any provision is not a waiver of our right to enforce it later.

20. Assignment

You may not assign or transfer these Terms or any order without AIS's prior written consent. AIS may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

21. Entire Agreement

These Terms, together with any signed cut sheet, signed estimate, written order acceptance, Privacy Policy, Shipping Policy, and Returns Policy referenced herein, constitute the entire agreement between you and AIS regarding the Site and any order, and supersede all prior or contemporaneous agreements, representations, or communications. Any pre-printed terms on a customer purchase order or other document that conflict with these Terms are expressly rejected and shall not apply.

22. Contact Information

Questions about these Terms? Contact us:

American Industrial Safety, Inc. 400 N 10th St, Suite B, Lake City, MN 55041 Phone: 866-246-9065 / 651-588-9020 Web: www.americanindustrialsafety.com

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