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Terms of Services

Effective Date: 5/1/2025

Last Updated: 5/28/2025

 

Welcome to Industrial Brands L.L.C. (“Industrial Brands,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, www.industrialbrands.com (the “Site”), and any related services, transactions, or communications. By accessing the Site or purchasing from us, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use our Site or Services.

1. Eligibility and Authority

You must be at least 18 years old (or the age of majority in your jurisdiction) to use this Site.  If you are accessing or using the Site on behalf of a business or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms.

2. Account Registration

To access certain features or make purchases, you may need to register for an account. You agree to:

  • Provide accurate, complete, and current information.
  • Maintain the confidentiality of your login credentials.
  • Accept responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate your account at our sole discretion.

3. Product Information and Availability

We strive to provide accurate product descriptions, pricing, and availability. However:

  • We do not warrant that product information is error-free or up to date.
  • All products are subject to availability and may be modified or discontinued without notice.

Custom, made-to-order, or special-order items may have unique lead times and terms, disclosed at the time of sale.

4. Pricing and Payments

All prices are listed in U.S. dollars unless otherwise stated.

  • Pricing is subject to change without notice.
  • Full payment is due at the time of purchase unless alternative terms are agreed upon in writing.
  • For approved business accounts, payment terms are outlined in the applicable invoice or purchase agreement.
  • We use third-party payment processors and are not responsible for errors or breaches occurring through them.

5. Order Acceptance and Cancellation

All orders are subject to our acceptance. We reserve the right to:

  • Refuse or cancel orders for any reason, including inaccuracies, availability, or suspected fraud.
  • Limit or prohibit quantities purchased per customer, company, or order.
  • You will be notified if your order is canceled or modified after submission.

6. Shipping and Risk of Loss

  • In stock orders typically ship within 1–3 business days, excluding weekends and holidays.
  • Non-stock and custom orders typically ship within 3-5 months.
  • Large or custom items may require additional lead time.
  • We ship via standard or freight carriers; shipping method is based on product type and delivery address.
  • Title and risk of loss pass to you upon shipment from our warehouse (FOB Origin).
  • It is your responsibility to inspect all deliveries and report visible damage upon receipt.

7. Returns and Refunds

  • Our Return Policy is incorporated into these Terms by reference. In summary:
  • Most items may be returned within 30 days of receipt.
  • Returned products must be unused, undamaged, and in original packaging.
  • Custom or made-to-order items are non-refundable unless defective upon delivery.
  • Refunds are issued to the original payment method, less applicable shipping, or restocking fees.
  • You are responsible for return shipping unless the return results from our error.
  • For more, see our full Return Policy.

8. Intellectual Property

All content, trademarks, logos, and software on the Site are the property of Industrial Brands or its licensors and are protected under U.S. and international intellectual property laws. You may not copy, reproduce, distribute, or use any content without our prior written permission.

9. Disclaimer of Warranties

Except as expressly provided in our 5-year limited product warranty, which accompanies certain products:

  • The Site and all other products and services are provided “as is” and “as available” without additional warranties of any kind.
  • We expressly disclaim all other warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • Some jurisdictions do not allow the exclusion of certain implied warranties, so these disclaimers may not apply to you to the extent prohibited by law.
  • Please refer to our Warranty Policy for specific terms, coverage, and exclusions related to the 5-year limited warranty.

10. Limitation of Liability

To the fullest extent permitted by law:

  • Industrial Brands shall not be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits or business interruption.
  • Our total liability to you for any claim shall not exceed the total amount paid by you for the product giving rise to the claim.
  • This limitation does not apply to damages resulting from gross negligence, intentional misconduct, or as otherwise required by Delaware or federal law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Industrial Brands and its officers, directors, employees, and agents from any claims, damages, losses, or liabilities arising out of:

  • Your use of the Site or any products.
  • Your violation of these Terms.
  • Your infringement of any intellectual property or third-party rights.

12. Force Majeure

We are not liable for any delay or failure to perform due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, labor disputes, supply chain interruptions, pandemics, cyberattacks, or governmental actions.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.

  • Binding Arbitration
    • Any dispute, claim, or controversy arising from or relating to these Terms shall be resolved exclusively by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
    • Arbitration shall be conducted in Wilmington, Delaware.
    • Each party waives the right to a jury trial and to participate in class actions.
    • This provision does not prevent either party from seeking temporary injunctive relief in court.

14. Privacy

Your use of our Site is also governed by our Privacy Policy, which is incorporated by reference into these Terms.

15. Changes to These Terms

We may update these Terms at any time. Changes become effective upon posting to this page. Your continued use of the Site after changes are posted constitutes your acceptance.

16. Entire Agreement

These Terms, along with our Return Policy and Privacy Policy, constitute the entire agreement between you and Industrial Brands regarding your use of the Site and supersede any prior agreements or understandings.

17. Contact Us

For questions regarding these Terms, contact:

Industrial Brands L.L.C.
515 E. Grant St.  Suite 150 Phoenix, AZ 85004
Email: info@industrialbrands.com
Phone: 602.767.4455