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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 — END OF TERMS AND CONDITIONS — |