Terms & Conditions
Unless otherwise stated, freight and shipping fees will be charged for shipments to a Customer’s place of business anywhere in the contiguous United States, using a carrier of our choice. Other terms apply to Alaska, Hawaii, Puerto Rico, and export orders. Contact us for further information. Any extra charges incurred for additional services, such as customer’s carrier, must be paid by the customer. Items back-ordered from an order qualifying for prepaid shipping charges will be shipped prepaid. Title and risk of loss pass to the customer upon tender of the shipment to the common carrier. If a product is damaged in transit, the customer must file a claim with the carrier. 24 Hr uses FedEx and UPS for most shipments. If the customer does not specify, we will choose the most economical method based on the size of order and time in transit required. Please refer to www.fedex.com or www.ups.com for specific times in transit. Large orders may require the use of a freight line. Customers are welcome to specify special shipping instructions.
Due to market fluctuations, prices are subject to change without notice. Prices will be confirmed at the time of order. Honoring pricing errors will be at our discretion. You will be notified of price changes before the product ships and given an opportunity to cancel your order.
There is a $25.00 minimum order requirement.
For customers with established credit, terms are net thirty (30) days from the date of shipment. If credit is not established, please include payment with order or purchase through Visa, MasterCard, or American Express. Cash or anticipation discounts are not allowed. All payments must be in U.S. dollars. 24 Hr shall have the right of set-off and deduction for any sums owed. If the customer fails to make payment within thirty (30) days, 24 Hr may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped order.
Customer agrees that any credit balances issued will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND 24 HR SHALL HAVE NO FURTHER LIABILITY.
We are required by law to add applicable sales tax to all orders where we have a tax status. If you are tax exempt, please submit your tax exemption certificate. When ordering please indicate clearly which items are tax exempt.
Although we intend to maintain prices during the life of our mailings and promotions, whether in print or electronic form, we reserve the right, to be exercised at our sole discretion, to revise prices, limit quantities, and correct printing/pricing errors.
Items must be returned within 15 days of receipt. Please call, email or fax our customer service department for a Return Authorization Number and shipping instructions prior to return. Special order items, videos and custom imprinted products are nonreturnable unless there is a defect in quality or workmanship. Shipping charges should be prepaid unless otherwise arranged in advance. No COD’s accepted. All merchandise must be carefully packed and will be subject to charge if not in saleable condition. All orders may be subject to a restocking fee of 25% if cancelled after shipment except if a product has been damaged in shipping or has a defect that renders it unsaleable. All sales are final on clearance items.
WARRANTY DISCLAIMER. NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, IS MADE OR AUTHORIZED BY 24 HR. 24 HR DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION OR MISAPPLICATION. ANY DESCRIPTION DOES NOT EXPRESS OR IMPLY A WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES THAT 24 HR IS NOT THE MANUFACTURER OF THE PRODUCTS. TO THE MAXIMUM EXTENT LEGALLY POSSIBLE, 24 HR TRANSFERS THE MANUFACTURER’S WARRANTY TO THE CUSTOMER.
LIMITATION OF LIABILITY. REGARDLESS OF CAUSE, ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, AND EXEMPLARY DAMAGES IS EXPRESSLY DISCLAIMED BY 24 HR, AND 24 HR’s LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID TO 24 HR.
Prompt Disposition. 24 HR will make a good faith effort for prompt correction or other adjustments with respect to any product, which proves to be defective within the warranty period. Before returning any product, write or call the 24 Hr branch from which the product was purchased, giving date and number of original invoice, and describing defect. Returns must be authorized, in writing, by 24 Hr.
Conditions of Lease
This Equipment Lease Order (“Order”) is made as of the date stated on the face of the Order by and between 24Hr Safety, LLC (“Lessor”) with principal offices at 200 Georgia Ave., Deer Park, Texas 77536 and the customer leasing the equipment as stated on the face of this Order (“Lessee”). Lessee’s placement of the Order to which these Conditions of Lease are attached is expressly conditioned upon Lessee’s full acceptance of all terms and conditions herein. These Conditions of Lease, the Order to which they are attached, and any specifications or other documents attached to and referenced on the face of this Order comprise the entire agreement between Lessee and Lessor.
Article 1. THE RENTAL PERIOD. The rental period extends from the time the equipment leaves Lessor’s properties until it is returned to Lessor’s properties. On out of town shipments, the date of the Bill of Lading is the beginning of the rental period, and the rental period ends on the date that the equipment is returned to Lessor’s yard or the date of the return Bill of Lading, if stipulated by the Lessor.
ARTICLE 2. RENTAL RATES. Lessee agrees to pay the agreed upon rental rates to Lessor for the entire rental period. Rental rates are not subject to any deductions on account of non-working time. The fractions of the month at the end of the rental period shall fall under the daily and weekly rates, whichever costs Lessee less.
ARTICLE 3. TERMS OF PAYMENT. Rental will be billed on a 28-day cycle billing. Rentals shall be paid by Lessee within 30 days of the generated cycle billing unless otherwise agreed upon by both parties prior to the rental. Rentals lasting less than 28 days shall be paid by Lessee within 30 days of final rental billing unless otherwise agreed upon prior to rental.
If the Lessee fails to take possession or cancels the rental after the equipment has been pulled and staged, Lessee may be subject to a 1-day rental or cancelation fee.
ARTICLE 4. LOADING AND FREIGHT CHARGES. The equipment is rented PPAD (prepay and add) unless otherwise specified at the time of rental. Any charges incurred including but not limited to loading, unloading, fuel, and transportation charges are to be paid by Lessee unless otherwise specified on the face of this Order. If the lessee does not furnish shipment instructions, the Lessor will select the method of shipment.
ARTICLE 5. NOTICE OF RETURN OR RECALL. The Lessor may recall any and all equipment upon 10 days written notice to the Lessee. If any rental is not paid within 30 days of the due date, or the Lessee violates the terms of this lease, or is involved in bankruptcy, receivership, or insolvency, the Lessor may, without notice, declare the entire amount due and payable, terminate the lease without court order, and/or take possession of this equipment without being liable for trespassing. Lessee will pay all legal and transportation costs incurred by Lessor in the repossession of the equipment.
ARTICLE 6. REPAIRS AND MAINTENANCE. The Lessor is required to supply the equipment in good operating condition. The Lessee acknowledges by signing the Order that it accepts the equipment as being in good working condition. The Lessee agrees that it will pay the cost of all repairs during the rental period including labor, materials, parts, and other items, except from normal wear and tear. “Normal wear and tear” is defined as use of the equipment under normal work conditions with qualified personnel providing operation, maintenance and service. If repairs exceeding the normal wear and tear are necessary upon the return of the equipment, Lessor is authorized to make such repairs and bill the Lessee for all such costs, which Lessee shall pay to Lessor within ten (10) days of receipt of a reasonably documented invoice. Lessee agrees not to cover, alter, substitute, or remove and safety device, identifying insignia, numbers, or markings on the equipment. Lessee will not permit the equipment to be abused, overloaded, or used beyond its capacity.
ARTICLE 7. ARTICLE INSPECTION. Lessor will have the right at any time to inspect its own equipment and will be given free access and the necessary facilities to accomplish the inspection.
ARTICLE 8. INDEMNITY, LIABILITY, AND INSURANCE. At its own expense, the Lessee shall indemnify, save, and hold the Lessor harmless against all loss or damages to the equipment or liability, losses, or claims arising through use of the equipment during the term of this Order. If the equipment is destroyed through fire, flood, explosion, or any other cause while in Lessee’s care, custody, or control, the Lessee will repay the Lessor the replacement value of the equipment. No rental payments shall apply as part of the repayment of loss. In no event shall Lessor be liable whatsoever for any consequential, incidental, special, exemplary, or punitive damages, costs, or expenses. Lessee is responsible for the equipment while in Lessee’s care, custody, and/or control, and Lessee shall obtain and maintain reasonable and sufficient insurance throughout the rental period. Lessee’s insurance policies shall be primary and non-contributory and shall name Lessor as a loss payee or additional insured. Lessee’s insurance obligations in no way limit Lessee’s ultimate liability under this Order. Lessor may require a copy of the Lessee’s insurance certificate at the time of Order execution.
ARTICLE 9. TITLE. Title to and full ownership of the equipment shall at all times remain vested in the Lessor. Lessee may not assign, transfer, or sublet the equipment, and Lessee agrees to keep the equipment free and clear of any claims, liens, or encumbrances. Lessee further agrees to use the equipment in accordance with all applicable government rules, regulations, ordinances, and laws. The Lessee shall give the Lessor immediate notice in case any equipment is levied upon or becomes subject to seizure or other encumbrance.
ARTICLE 10. WAIVERS/AMENDMENTS. No waiver of any part or article of this Order shall be construed to be a waiver of any other part or article or be recognized unless it is in writing and signed by both parties. This Order may only be amended by a document expressly declaring to amend this Order that is signed by both parties hereto.
ARTICLE 11. LESSOR NOT LIABLE. It is mutually agreed that the Lessor will not be liable for any loss, delay, or damage of any kind, resulting from defects or inefficiency of the equipment involved in this Order. The Lessor shall be held harmless by Lessee for any and all losses, claims, and/or damages occurring during the rental period which arises out of use or operation of the equipment.
ARTICLE 12. ATTORNEY’S FEES. Lessee agrees to pay to Lessor any reasonable attorney’s fees and other costs/expenses incurred by Lessor in connection with enforcement of this Order.
ARTICLE 13. GOVERNING LAW; VENUE. This Order, including the interpretation and enforcement hereof, and the resolution of all disputes arising out of or in connection with this Order shall be governed by, interpreted, and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Lessor and Lessee hereby consent and submit to the jurisdiction of the courts of Harris County, Texas for purposes of enforcement of this Order and waive any objection to such venue.
ARTICLE 14. GENERAL PROVISIONS. If any provision of this Order is found to be void or unenforceable, that provision shall be reformed by the applicable court or arbitration tribunal to comply with the law, if possible, and the balance of the terms of this Order shall be construed in harmony therewith to give effect to all provisions of this Order. The obligations and rights of Lessor and Lessee which accrue during the term of this Order or are otherwise reasonably capable of surviving termination or expiration, shall survive any such termination or expiration.
Force Majeure. 24 Hr shall not be liable for any delay in or impairment of performance resulting in whole or in part from acts of God, labor disruptions, shortages, inability to procure product, supplies or raw materials, severe weather conditions, or any other circumstances or cause beyond the control of 24 Hr in the conduct of its business.
Cancellation. Any cancellation must be approved by 24 Hr in writing, and may be subject to restocking and other charges.
Assignment. Customer shall not assign any order or any interest therein without the prior written consent of 24 Hr. Any actual or attempted assignment without 24 Hr’s prior written consent shall entitle 24 Hr to cancel such order upon notice to the customer.
Electronic Data Interchange. If 24 Hr and customer have mutually agreed to use an Electronic Data Interchange (EDI) system to facilitate purchase and sale transactions, customer agrees: that it will not contest (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. 24 Hr and customer will negotiate and agree on technical standards and methods to use in making EDI purchases and will use proper security procedures to protect EDI records from improper access. The business records maintained by 24 Hr regarding EDI purchases made by the customer shall be controlling.
Acceptance and Modification of Terms. 24 Hr’s acceptance of any order is subject to customers’ assent to all of these terms and conditions, and customer’s assent to these terms and conditions shall be presumed from customer’s acceptance of all or any part of the goods or services ordered. No addition or modification of terms and conditions shall be binding upon 24 Hr unless agreed to by 24 Hr in writing. If a purchase order or other correspondence contains terms or conditions in addition to or contrary to these terms and conditions, such additional or other terms and conditions are hereby rejected, and 24 Hr’s acceptance of any order shall not be construed as assent to any additional or other terms and conditions, nor will fulfillment of the order constitute a waiver by 24 Hr of any of the terms and conditions contained herein.
Complete Agreement. The terms and conditions in 24 Hr’s forms, acknowledgments, quotations, invoices, and catalog sales terms and conditions are incorporated hereto by reference and constitute the entire and exclusive agreement between customer and 24 Hr.
Materials of Trade. Customer represents that it is purchasing goods as its “materials of trade” as defined in the Hazardous Materials Regulations in Title 49 of the Code of Federal Regulations. Customer further represents that the goods shall be used in direct support of its business, which is not transportation, and that such goods shall not be resold or transported in a vehicle other than one owned by itself.
Waiver, Choice of Law and Venue, Reformation, and Survival. The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. These terms and conditions and all transactions shall be construed under and governed by the laws of the State of Texas, without giving effect to any conflict of law principles that may defer to the laws of another jurisdiction. Customer hereby agrees that jurisdiction of any claims arising out of a transaction with 24 Hr shall be in the District Courts of Harris County, Texas or the United States District Court for the Southern District of Texas. Customer waives any defense based on inappropriate venue or forum non convenien. If any provision herein is found to be void or unenforceable, such provision shall be reformed by the applicable court or arbitration tribunal to comply with the law, if possible, and the balance of the terms and conditions shall be construed in harmony therewith to give effect to all provisions herein. The obligations and rights of the parties which accrue during the term of an order or are otherwise reasonably capable of surviving termination or expiration, shall survive any such termination or expiration.
No Third Party Benefit. The transaction between the parties and provisions stated herein are for the sole benefit of the parties hereto, confer no rights, benefits or claims upon any person or entity not a party hereto.
OSHA Hazardous Substance & Alabama Proposition 65 Product Information. Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances and a list of products known by the State of Texas to cause cancer or reproductive harm are available at your local 24 Hr branch, or by contacting 24 Hr, 200 Georgia Ave., Deer Park, Texas 77536. The information and recommendations contained on the MSDS supplied by the manufacturer are considered to be accurate and reliable. 24 Hr, however, makes no warranty with respect to the accuracy of the information or the suitability of the recommendations, and 24 Hr disclaims any and all liability to any user.