Terms and Conditions of Sale

CUSTOMER SATISFACTION

At Logistics, customer satisfaction is our primary goal. If you are not completely satisfied with our products or service, please call us at 866.577.4477 or email us at DistributorSupport@LogisticsSupply.com as soon as possible and we will do our very best to address your concern.

TERMS

All products offered for sale are subject to, and our performance is expressly conditioned on, these terms and conditions, unless we otherwise specifically agree in writing. Your acceptance of our products constitutes your agreement that these terms and conditions govern and supersede any additional, different or conflicting terms and conditions. Our payment terms are net 30 days from invoice date for accounts that have been previously approved by our credit department. All other accounts will be shipped on a credit card basis only. If this is your first time ordering with us, please include a copy of your tax exempt certificate if applicable. Please note we cannot refund taxes after an order is placed. Any amount not paid when due will be subject to finance charges equal to 1.5% of the unpaid balance per month or the highest rate permitted by applicable law, whichever is less, compounded daily from the date due until the date paid. You will reimburse any costs or expenses (including attorneys’ fees) incurred by Logistics to collect any amount that is not paid when due. We reserve the right to require pre-payment from, or to refuse to sell to, any buyer whose account is overdue or who has an unsatisfactory credit or payment record.

Note: There is a $50.00 charge for all Returned Checks. Accounts with returned checks will be placed on cash only terms.

PRICES

All prices, quotations and specifications are subject to change without notice and are no guarantee of future price. We reserve the right to discontinue the sale of any item without prior notice. We accept orders only at current prices in effect at the time an order is placed and will not be bound by previous quotes or price lists. The possession of any price publication by any person is not to be construed to be an offer to sell them or anyone else the goods listed at the prices stated.

NON-STOCK, CLEARANCE, DISCONTINUED & CUSTOM PRODUCTS

Any product which is marked as “non-stock”, “clearance”, “discontinued” or “custom” are final sale, non-returnable and non-refundable. We reserve the right to modify or change the design and/or the specifications of standard products already ordered by you and accepted by Logistics, and we may ship the modified or substitute products to you without prior notice. We also reserve the right to modify or change products without incurring any obligation to make such changes or modifications to products previously sold.

SHIPPING

Sales are FOB, point of shipment, unless prior arrangement is made with us in writing. We will ship via the most economical means possible from our nearest warehouse unless you authorize specific routing instructions. You assume title and risk of loss upon shipment from our facility. If your order qualifies as freight prepaid, please note that this does not include accessorial fees. Accessorial fees include but are not limited to lift gates, residential delivery, ferry shipments, redelivery, sort & segregate, inside deliveries, hazmat and handling fees. In addition, the following products cannot be included on a freight prepaid order:

· Any and all chemicals in a 55-gallon drum

· Fire Extinguisher Powder

· Any non-stock displays/POP material not produced by Logistics.

· Any and all clay sorbent products

· Non-qualified drop shipments.

We will drop ship to your customers on a limited basis; contact us for conditions and limitations. Logistics does not cover expedited, overnight, or next day air shipments, unless an error was made by Logistics. All taxes, fees, costs and other charges connected with shipment, transportation, insurance of the products, are your responsibility.

*Note: Our packing lists are not priced and are included with your shipment.

RETURNS

For customers to obtain a return authorization number and shipping instructions, please call us at 866.577.4477. To expedite your request, please have your order number or invoice number available prior to calling. All returns should be accompanied by a return number. Unauthorized returns will not be accepted. Returns sent COD or freight collect will not be accepted. A 15% restocking charge will be applied to all returns unless Logistics Supply was in error.

Logistics reserves the right to refuse any return that contains products which are perishable, custom made, direct from the manufacturer, non-stock, clearance, discontinued or have a limited shelf life. Additionally, items may only be returned within 30 days after purchase. Logistics must be notified of freight claims within 30 days of receipt of order. Freight claims 30 days and older will be refused.

LTL customers have 48 hours to file a damage/missing shipment claim if the delivery receipt was signed noting damage.

PRODUCT RECEIPT

It is the responsibility of the receiver to verify all items are received as recorded on the bill of lading / delivery receipt. Once product has been signed for, discrepancies in product will not be honored.

FORCE MAJEURE

Our performance shall be excused, and we shall not be liable in the event of any acts of God; flood, fire, earthquake, or other natural disaster; disease; explosion, war, invasion, hostilities, terrorism, riot, or other civil unrest; government action, order or law, embargoes, or blockades; national or regional emergency; strikes, labor stoppages or

slowdowns, or other industrial disturbances; shortage of adequate power or transportation facilities; or other events beyond our control.

WARRANTIES AND DISCLAIMERS

We warrant our TruForce and Power Rite products in accordance with the limited warranties set forth below. For all other products, Logistics passes through to you the manufacturer’s limited product warranty, if any. If the manufacturer does not provide a limited warranty, then such product is sold by Logistics as-is.

TruForce Limited Warranty

We warrant our TruForce branded products to be free from defects in material and workmanship under normal usage for a period of one (1) year from the date of shipment. In the event of a covered defect within the warranty period, we will, at our option, replace or repair the product without charge.

This warranty does NOT cover damage resulting from misuse, neglect, vandalism, abuse, or improper storage; discoloration or surface wear due to prolonged UV exposure or normal weathering; exposure to chemicals, extreme heat, or other harsh environments for which the product is not designed; damage from impact; normal wear and tear; cosmetic damage not affecting functionality; or use with unauthorized accessories or modifications, all as defined and determined by us.

PowerRite Limited Warranty

We warrant our PowerRite branded products to be free from defects in material and workmanship under normal usage for a period of five (5) years from the date of shipment. In the event of a covered defect within the warranty period, we will, at our option, replace or repair the product without charge.

This warranty does NOT cover damage resulting from misuse, neglect, vandalism, abuse, or improper storage; battery leakage due to improper handling or installation; use in devices for which the battery is not designed; improper charging; mixing old and new batteries or different battery types; corrosion; normal depletion of battery power or capacity; exposure to chemicals, extreme heat, or other harsh environments for which the product is not designed; damage from impact; normal wear and tear; cosmetic damage not affecting functionality; or use with unauthorized accessories or modifications, all as defined and determined by us.

How to Obtain Warranty Coverage

If you are having issues with a product purchased from us, contact us directly to request a warranty claim. All warranty claim submissions must be approved by our Customer Service department before returning product to us. We reserve the right to inspect and test any returned product and to deny warranty remedies if we determine item(s) do not meet warranty criteria. You are responsible for return shipping. We are not responsible for any loss or damage to the product incurred during shipping.

Disclaimer of Warranties

THE APPLICABLE WARRANTY SET FORTH HEREIN IS GIVEN EXPRESSLY AND IS THE ONLY WARRANTY GIVEN BY LOGISTICS WITH RESPECT TO THE PRODUCT. THE COMPANY MAKES NO OTHER

WARRANTIES, EXPRESS OR IMPLIED. LOGISTICS HEREBY SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.


The remedies described in the applicable product warranty shall constitute the sole and exclusive remedies for breach of warranty, and Logistics shall not be responsible for any incidental, special or consequential damages, including without limitation, lost profits or the cost of repairing or replacing other property which is damaged if this product does not work properly, other costs resulting from labor charges, delays, vandalism, negligence, fire, chemicals, or any other circumstances over which Logistics has no control. Any warranty shall be invalidated by any abuse, misuse, misapplication, improper installation or improper maintenance or alteration of the product.

Some states do not allow limitations on how long an implied warranty lasts, and some states do not allow the exclusion or limitation of incidental or consequential damages. Therefore, the above limitations may not apply to you. This Limited Warranty gives you specific legal rights, and you may have other rights that vary from State to State. You should consult applicable state laws to determine your rights. SO FAR AS IS CONSISTENT WITH APPLICABLE STATE LAW, ANY IMPLIED WARRANTIES THAT MAY NOT BE DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO ONE YEAR FROM THE DATE OF ORIGINAL SHIPMENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL LOGISTICS BE LIABLE, IN CONTRACT, TORT, STRICT LIABILITY, OR UNDER ANY OTHER LEGAL THEORY, FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER LOGISTICS WAS INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL THE LIABILITY OF LOGISTICS EXCEED AN AMOUNT EQUAL TO THE SALES PRICE OF THE PRODUCTS. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW. YOU ASSUME ALL RESPONSIBILITY FOR THE FINAL SELECTION, TESTING AND VALIDATION OF PRODUCTS PURCHASED.

EXPORT COMPLIANCE

You agree that you will comply with all export compliance laws and regulations with respect to products you purchase from, or information you obtain from, Logistics Supply. This includes but is not limited to, compliance with the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), the sanctions and embargoes maintained by the Office of Foreign Asset Controls (OFAC), and any other applicable laws and regulations related to the export or deemed export of goods or information.

GOVERNING LAW AND DISPUTES

These terms and conditions are governed by the laws of the State of North Carolina without giving effect to its conflict or choice of law rules, and the United Nations Convention on Contracts for the International Sale of Goods does not apply. All disputes under, and all claims arising out of or related to, these terms and conditions shall be resolved by courts located in the State of North Carolina. You agree and consent to the exclusive jurisdiction and venue of the

federal and state courts in the State of North Carolina and waive any jurisdiction or venue defense. In the event that any of the provisions of these Terms and Conditions are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable provisions had not been included in these Terms and Conditions. You shall not assign your rights or obligations under these Terms and Conditions without Logistics’ written consent. The failure of Logistics to enforce at any time any of the provisions of these Terms and Conditions shall in no way be construed to be a waiver of any such provisions, or the right of Logistics thereafter to enforce each and every such provision.