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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of usexplosive.com. The collective work includes works that are licensed to usexplosive.com. Copyright 2003, usexplosive.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with usexplosive.com or purchasing usexplosive.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with usexplosive.com or to purchase usexplosive.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by usexplosive.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of usexplosive.com used in the site are trademarks or registered trademarks of usexplosive.com
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, usexplosive.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. usexplosive.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. usexplosive.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
usexplosive.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if usexplosive.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a usexplosive.com product is mistakenly listed at an incorrect price, usexplosive.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. usexplosive.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, usexplosive.com shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by usexplosive.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
usexplosive.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to usexplosive.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of usexplosive.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of usexplosive.com products) must be commenced within one (1) year after the claim or cause of action arises. usexplosive.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. usexplosive.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a usexplosive.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
usexplosive.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, usexplosive.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, usexplosive.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to usexplosive.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless usexplosive.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, usexplosive.com may link to sites operated by third parties. However, even if the third party is affiliated with usexplosive.com, usexplosive.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of usexplosive.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, usexplosive.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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SALES POLICY : Identification is required from all Purchasers. Possession of our catalog does not constitute the right to purchase from US Explosive Storage .
ANY AND ALL PRICES herein are subject to change without notice.
- QUOTATIONS : Prices on large quantities or items not found in our catalog are available on request. Contact a US Explosive Storage Customer Service Representative for assistance.
- SALES TAX : US Explosive Storage is required to charge state and local tax on items sold to Purchasers in North Carolina , and Tennessee for which sales tax exemption certification has not been provided. When ordering, please indicate clearly which items are tax exempt.
- PAYMENT TERMS : If credit is not established, please include payment with order or purchase through American Express, Visa, or MasterCard. All payments must be in US Dollars. For purchasers with established credit, terms are net 30 days from date of invoice. Minimum Order of $1000.00 for credit terms. Credit application available upon request.
- CREDIT BALANCE : 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 US EXPLOSIVE STORAGE SHALL HAVE NO FURTHER LIABILITY.
- FREIGHT POLICY : FREIGHT IS PREPAID AND ADDED TO CUSTOMER'S INVOICE ON ALL ORDERS (FOB ORIGIN), unless otherwise stated, to customer's place of business anywhere in the contiguous United States , using routing of our choice. Any extra charge incurred for additional services, such as customer's carrier or special handling at the destination, must be paid by customer. If any item is backordered on an order qualifying for freight prepayment, that item will be shipped prepaid. Title and risk of loss pass to customer on delivery to the common carrier.
- CLAIMS : If product was damaged in transit, please note the damage on the delivery receipt (Bill of Lading) and obtain an inspection report from the trucking company immediately. Please retain all packing material to facilitate claim resolution. Then, contact US Explosive Storage at 1-877-233-1481.
- SHIPPING HAZARDOUS PRODUCTS : Products considered hazardous for shipping will require special packaging, handling, and additional shipping charges. For specific details and charges, call 1-877-233-1481.
WARRANTY DISCLAIMER
THERE ARE NO EXPRESS WARRANTIES OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
US EXPLOSIVE STORAGE SHALL NOT BE SUBJECT TO AND DISCLAIMS:
(1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY,
(2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY US EXPLOSIVE STORAGE, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND
(3) ALL CONSEQUENTIAL, INCIDENTAL, AND CONTINGENT DAMAGES WHATSOEVER.
US EXPLOSIVE STORAGE 'S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID.
LOCAL SAFETY STANDARDS AND REGULATIONS
Products sold by US Explosive Storage are designed to meet stated US safety standards and regulations. Because local safety standards and regulations vary significantly, US Explosive Storage cannot guarantee that our products meet all applicable requirements in each locality. The purchaser assumes responsibility for compliance with such safety standards and regulations in those localities in which the products will be shipped, sold and used. Before purchase and use of a product, please review the product application, and national and local codes and regulations, and be sure that the product, installation, and use will comply with them.
US Explosive Storage makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.
TRADEMARKS AND COPYRIGHTS
Purchaser acknowledges that it has no right, title or interest in the trademarks or copyrights in the products, and Purchaser covenants that it will take no action to register or otherwise interfere with such rights.
GOVERNING LAW; LIMITATIONS
These terms and conditions shall be construed, interpreted and performed exclusively according to the laws, excluding conflict of law rules, of the State of North Carolina or Tennessee, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of North Carolina and Tennessee , and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.
DISPUTE RESOLUTION
Actions by US Explosive Storage for nonpayment by the Purchaser of the purchase price of products sold by US Explosive Storage , or for redress of other breaches by the Purchaser of the Terms and Conditions of Sale, may be brought by US Explosive Storage , at its option, before any judicial court of competent jurisdiction. At US Explosive Storage 's option, disputes between the Purchaser and US Explosive Storage , including all claims for non-performance by US Explosive Storage , shall be finally settled by arbitration in Chicago, North Carolina or Tennessee, USA under the Rules of the American Arbitration Association, which Rules with respect to matters not regulated by them shall incorporate the UNCITRAL arbitration rules by one or more arbitrators appointed in accordance with said Rules applying these Terms and Conditions and consistent provisions of the internal laws (except conflict of law rules) of the State of North Carolina or Tennessee, USA.
FORCE MAJEURE
US Explosive Storage shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond the control of US Explosive Storage in the conduct of its business.
SECURITY INTEREST
On any sales on open account, the Purchaser hereby grants to US Explosive Storage a priority lien, purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to US Explosive Storage . Purchaser agrees to file any financing statements or other appropriate document with its governmental authorities to assure the validity, priority, and enforceability of the lien. Purchaser agrees to inform US Explosive Storage immediately if it intends to use any import financing or has or will be granting a lien or security interest on its inventory to any third party.
ASSIGNMENT
Buyer shall not assign any order or any interest therein without the written consent of US Explosive Storage . Any actual or attempted assignment without US Explosive Storage 's prior written consent shall entitle US Explosive Storage to cancel such order upon notice to Purchaser without liability to US Explosive Storage .
MODIFICATION OF TERMS
US Explosive Storage 's acceptance of any order is subject to purchaser's assent to all of the terms and conditions of access and sale as set forth herein. Purchaser's assent to these terms and conditions shall be presumed by Purchaser's acceptance of all or any part of the goods or services ordered. All other contrary terms and conditions are expressly rejected, and no addition or modification of terms and conditions shall be binding upon US Explosive Storage unless agreed to by US Explosive Storage in writing.
INDEPENDENT CONTRACTORS
US Explosive Storage and Purchaser are independent contractors. Purchaser is not authorized to and shall not make any representations on behalf of which are binding upon US Explosive Storage .
SEPARABILITY
If any provision of these Terms and Conditions of Sale shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms and Conditions.
COMPLETE AGREEMENT
The terms and conditions in US Explosive Storage 's web site Terms of Access, Terms of Sale, Quotations, Invoices, and Sales Terms and Conditions, are incorporated herein by reference and constitute the entire and exclusive agreement between Purchaser and US Explosive Storage .
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