OSP.com LLC Disclaimer
TERMS AND CONDITIONS OF SALE FOR OSP.COM
Unless otherwise indicated, the following terms and conditions of sale will apply only to sales orders that are initiated and completed through OSP.com, unless you are using OSP.com while registered as a Customer with which OSP.com has expressly agreed in writing to alternative terms and conditions (“Agreement”). If you have such an Agreement, the terms and conditions of that Agreement shall govern in the event. If there is a conflict with these terms and conditions, OSP.com LLC. (“OSP”) reserves the right to vary such terms and conditions for other sales by OSP.com, including without limitation any sales that are initiated but not completed through OSP.com. Contact your OSP.com representative or use the click-to-chat feature to use other OSP.com sales channels to complete your purchase.
1. ACCEPTANCE OF ORDER - Acceptance of any order from buyer ("Buyer") is subject to approval and acceptance by OSP.com and, when applicable, OSP.com's suppliers. OSP.com reserves the right to reject any order without liability to OSP.com if the Buyer’s credit becomes unsatisfactory to OSP.com, and to immediately change the terms of any credit extended to the Buyer.
2. PRICES AND SHIPMENTS - Prices shall be those in effect at the time OSP.com accepts the applicable order from Buyer. Prices listed do not include shipping, handling fees, taxes, and/or duties, and are subject to correction or change without notice. All shipments will be made F.O.B. shipping point.
3. SHIPPING POLICIES
(a) The price of shipping is determined by the shipping method you choose, your order's total weight, as well as the distance between your shipping address and our shipping center. The shipping charge will be calculated on the Shipping & Billing Method page before you complete your order. For business accounts, shipping charges are based on your local agreement. Questions surrounding freight charges and invoicing should be directed to your local sales office.
(b). Buyer may elect to pay a premium for expedited shipping where available (Shipping Charges still apply). Any charges incurred for hazardous materials or other special handling by the carrier must be paid by the Buyer. For all orders, regardless of whether a shipping and handling fee is charged, fuel surcharges may be applied.
(c) OSP.com only accepts orders for shipments within the US. Orders to international destinations or to Puerto Rico or other US territories outside of the U.S will not be processed. OSP.com does not ship to PO Box addresses or APO/FPO boxes.
(d) Title and risk of loss pass to Buyer upon tender of shipment to the carrier.
(e) To qualify for expedited shipping, OSP.com must receive Buyer's order before 3:00 PM EST Monday-Friday. Orders containing hazardous materials are subject to federal, state, and local regulations and may not be shipped to certain destinations. Orders are processed on business days and orders placed on Saturdays/Sundays/Holidays will be processed on the next business day. If you have any questions, please call OSP.com's customer service department at 1-800-OSP-0182
4. RETURN OF GOODS - Returns must be made within 30 days from the date of purchase. Returned product must be in original packaging, unused, undamaged and in sellable condition. The Buyer is responsible for the method and cost of return to OSP.com. Credit may be allowed for goods returned with or without prior approval. A deduction may be made from credits issued to cover cost of handling, cancellation and/or restocking fees. When the return is approved, a credit will be issued to the original payment method. Please allow 14 days for the receipt and processing of returned merchandise. Note: Depending on Buyer's bank, it may take up to 7 additional days for Buyer's card to be credited.
Receipt of Damaged Material - If Buyer receives a damaged/defective item or item not as ordered, please contact OSP.com's customer service department immediately at 1-800-OSP-0182 to provide a prepaid return label and process a new shipment.
Warranty Returns - Contact OSP.com Support at 1-800-OSP-0182 (info@OSP.com) to determine warranty eligibility.
Buyer agrees that any credit balance(s) issued by OSP will be available to Buyer account for no longer than six months from its issuance. IF BUYER HAS NOT APPLIED FOR OR REQUESTED THE CREDIT WITHIN ONE (1) YEAR, ANY REMAINING CREDIT BALANCE(S) WILL BE SUBJECT TO CANCELLATION, AND OSP.COM SHALL HAVE NO FURTHER LIABILITY.
5. TAXES - Prices shown do not include sales or other taxes imposed on the sale of goods. Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price. Buyer agrees to reimburse OSP.com for any such tax as assessed by the responsible tax jurisdiction.
6. DELAY IN DELIVERY - OSP is not to be accountable or liable for delays in delivery or other failures in performance occasioned by Natural Disasters, political/social unrest, acts or threats of terrorism, computer or electronic interruptions, failure of its suppliers to ship or deliver on time, or other circumstances beyond OSP.com's reasonable control. Factory shipment or delivery dates are the best estimates of OSP.com and its suppliers and are not guaranteed. In no case shall OSP.com be liable for any special, incidental, direct, indirect, consequential, punitive, exemplary or special damages (whether sounding in contract, tort, strict liability, or otherwise), all regardless of whether OSP knew or should have known of the possibility of such losses, arising from any delay in shipment or delivery.
7. DISCLAIMER OF WARRANTIES - ANY DESCRIPTION OF THE GOODS CONTAINED ON ANY OSP WEB SITE DESCRIPTION, QUOTATION, PURCHASE ORDER, ORDER ACKNOWLEDGEMENT, BILL OF LADING OR SALES INVOICE IS FOR THE SOLE PURPOSE OF IDENTIFYING THEM, AND DOES NOT CONSTITUTE A WARRANTY THAT THE GOODS SHALL CONFORM TO THAT DESCRIPTION. OSP MAKES NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT) WITH RESPECT TO ANY GOODS SOLD BY OSP TO THE BUYER, AND OSP HEREBY DISCLAIMS ALL SUCH WARRANTIES. For purposes of clarification, OSP sells the goods to Buyer with a warranty directly from the manufacturer, only to the extent available from the manufacturer. For information on a specific manufacturer's warranty, please contact OSP at 1-800-OSP-0182 UNLESS OTHERWISE AGREED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF OSP, PRODUCTS SOLD HEREUNDER ARE NOT INTENDED FOR USE IN OR IN CONNECTION WITH (1) ANY SAFETY APPLICATION OR THE CONTAINMENT AREA OF A NUCLEAR FACILITY, OR (2) IN A HEALTHCARE APPLICATION, WHERE THE GOODS HAVE POTENTIAL FOR DIRECT PATIENT CONTACT OR WHERE A SIX (6) FOOT CLEARANCE FROM A PATIENT CANNOT BE MAINTAINED AT ALL TIMES. This disclaimer of warranties applies to all Buyers that are consumers (and not business customers, as set forth below in Section 8(A)). Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the disclaimers, exclusions or limitations set forth above and below may not apply and other rights may be available to the Buyer.
8. LIMITATION OF LIABILITY - Buyer recognizes that OSP is a distributor and not a manufacturer, fabricator or packager. To the maximum extent permitted by law, Buyer's remedies under this agreement are subject to any limitations contained in manufacturer's terms and conditions to OSP, a copy of which will be furnished upon written request. Furthermore, OSP's liability shall be limited to either repair or replacement of the goods or refund of the purchase price, all at OSP's option, and to the maximum extent permitted by law, IN NO EVENT SHALL OSP BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR ANY INDIRECT DAMAGES, OR FOR LOST PROFITS OR DATA (WHETHER SOUNDING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), ALL REGARDLESS OF WHETHER OSP KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES. In addition, claims for shortages, other than loss in transit, must be made by Buyer in writing not more than five (5) days after receipt of shipment.
8A. LIMITED WARRANTY FOR BUSINESS CUSTOMERS ONLY; DISCLAIMER - OSP warrants to Buyers that are not consumers (as defined under the rules and regulations promulgated under the Magnuson-Moss Warranty Federal Trade Commission Improvement Act (15 U.S.C. 2301 et seq.)) that all goods are free of any security interest. The foregoing warranty shall not apply in the event that such Buyer is not buying either for resale or for use of the goods in the ordinary course of Buyer’s business. OSP MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE AND NON-INFRINGEMENT.
9. WAIVER - The failure of OSP to insist upon the performance of any of the terms or conditions of this agreement or to exercise any right hereunder shall not be deemed to be a waiver of such terms, conditions, or rights in the future, nor shall it be deemed to be a waiver of any other term, condition, or right under this agreement.
10. MODIFICATION OF TERMS AND CONDITIONS – Except as stated in the introductory paragraph above, these terms and conditions supersede all other communications, negotiations, and prior oral or written statements regarding the subject matter of these terms and conditions. No change, modification, rescission, discharge, abandonment, or waiver of these terms and conditions shall be binding upon OSP unless made in writing and signed on its behalf by a duly authorized representative of OSP. No conditions, usage of trade, course of dealing or performance, understanding or agreement, purporting to modify, vary, explain, or supplement these terms and conditions shall be binding unless hereafter made in writing and signed by the party to be bound. Any proposed modifications or additional terms are specifically rejected and deemed a material alteration hereof. If this document shall be deemed an acceptance of a prior offer by Buyer, such acceptance is expressly conditional upon Buyer's assent to any additional or different terms set forth herein.
11.COMPLIANCE WITH LAW – Buyer shall comply with all applicable laws and regulations.
12. ASSIGNMENT - Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of OSP, and any such assignment, without such consent, shall be void.
13. GENERAL PROVISIONS - This agreement shall be governed by the laws of the State of Pennsylvania applicable to contracts to be formed and fully performed within the State of Pennsylvania, without giving effect to the choice or conflicts of law provisions thereof and without application of the United Nations Convention on Contracts for the International Sales of Goods. All suits arising from or concerning this agreement shall be filed in the Circuit Court of Bucks County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania, and no other place unless otherwise determined in OSP's sole discretion. Buyer hereby irrevocably consents to the jurisdiction of such court or courts and agrees to appear in any such action upon written notice thereof.
14. PAYMENT TERMS - Payment is required at the time the order is accepted by OSP, except for approved open credit accounts. In addition, OSP may defer any further shipments or other orders, or cancel any portion of an unshipped order. Buyer will pay, to the extent permitted by law, all reasonable costs and expenses, including attorneys’ fees, collection agency fees and court costs incurred by OSP in connection with any collection action for payment of amounts due.
15. EXPORTING - All items are sold for domestic consumption in the United States. Buyer acknowledges that this order and the performance thereof are subject to compliance with any and all applicable United States laws, regulations, or orders.
16. PRODUCT COMPLIANCE AND SUITABILITY - Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. OSP does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does OSP accept responsibility for construction, installation and/or use of a product. It is Buyer's responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
17. ERRORS; CANCELLATIONS - All stenographic or clerical errors are subject to correction by OSP. OSP attempts to ensure that the content on its web sites is complete and current. However, OSP cannot guarantee that the information contained on its web sites will not contain errors, inaccuracies, or omissions. Such errors, inaccuracies, or omissions may relate to price, product description, availability, or otherwise. OSP reserves the right to correct any error, inaccuracy, or omission, or to change or update the content without prior notice to Buyer. Further, OSP reserves the right to refuse or cancel any orders (including without limitation any orders containing any error, inaccuracy, or omission) at any time and for any reason whatsoever whether or not the order has been submitted, confirmed, and/or Buyer' s credit card has been charged. OSP shall have no liability or obligation to Buyer with respect to any cancelled order.