Terms & Conditions

1. Delivery, Acceptance of Terms, Requests for Returns, Returns. By agreeing to purchase and by further accepting delivery from Groves Industrial Supply or its nominee, purchaser (“Purchaser”) conclusively agrees to and, as applicable, reaffirms its agreement with these Terms and Conditions, and acknowledges that any attempt by Purchaser to waive, modify or supplement these Terms and Conditions are rejected and without any force or effect. Failure to immediately request to return the merchandise described herein constitutes conclusive acceptance of the merchandise and of these Terms and Conditions. All returns must be authorized in advance and may be subject to a restocking charge. Groves Industrial Supply's invoice and packing slip constitute written confirmation of delivery; written reconfirmations of delivery are available at $30.00 per reconfirmation. Disputes as to actual delivery of merchandise must be submitted to Groves Industrial Supply within 30 days of initial receipt of invoice or statement for such merchandise. Purchaser agrees that merchandise described in Groves Industrial Supply's invoice(s) or statement(s) shall be conclusively deemed delivered and accepted if Purchaser does not dispute delivery within this 30-day period. Any claim for damage in transit much be submitted to Groves Industrial Supply and the applicable carrier within seven days. Purchaser waives any right Purchaser may have of set off or cover.

2. Pricing and Charges For Goods, Taxes, Duties, Export Law. Groves Industrial Supply reserves the right to change prices, currencies or other mode(s) of tender, or to modify any catalog or brochure at any time. Groves Industrial Supply is required to charge certain state, local and other applicable taxes, duties and governmental fees; such charges will be reflected on the Purchaser’s invoice. However, notwithstanding the foregoing Purchaser assumes responsibility for, and unconditionally guarantees payment or reimbursement of, all applicable taxes, fees, licenses, import duties, and expenses as may be applicable. Purchaser is obligated to provide, at or prior to the time of purchase, a copy of any sales tax exemption certificate or similar document, and to indicate to Groves Industrial Supply which purchases are asserted to be tax-exempt. Certain of Groves Industrial Supply’s goods and services are subject to export control laws, regulations and administrative policies. Purchaser represents and warrants that it is not designated on, associated with, or a subsidiary or affiliate of any party, person or entity on any of the restricted party lists maintained by the Federal government of the United States including, but not limited to, the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control (“OFAC”) of the U.S. Treasury Department, the Denied Persons List or the Unverified List maintained the by U.S. Department of Commerce Bureau of Industry and Security (“BIS), the Debarred Parties List maintained by the U.S. Department of State’s Directorate of Defense Trade Controls (the “DDTC”) or the Nonproliferations Sanctions list. Purchaser shall comply with all applicable U.S. economic sanctions and export control laws and regulations, including without limitation, the regulations administered by OFAC, the Export Administration Regulations administered by BIS, and the International Traffic in Arms Regulations administered by DDTC. Diversion contrary to U.S. law is prohibited. Purchaser understands that a license, written approval or other authorization may be required from BIS, OFAC, the DDTC or other U.S. government agency(ies) prior to the export or reexport of goods or services from the U.S. Purchaser further understands that it is unlawful to export, reexport or transfer, or to attempt to export, reexport or transfer certain goods or services to the parties, persons or entities on the foregoing lists.

3. Terms of Payment. Subject to the preceding paragraph, payment, in U.S. Dollars, is due upon delivery. Credit terms, if approved, are 30 days from date of invoice (unless otherwise agreed in writing by an authorized representative of Groves Industrial Supply). Groves Industrial Supply reserves the right to apply payments or other credits in Groves Industrial Supply's sole discretion. Each of Purchaser’s subsidiaries and/or affiliates purchasing from Groves Industrial Supply agree to be and will be jointly and severally liable to Groves Industrial Supply for all their purchases from Groves Industrial Supply, but the provisions of these Terms and Conditions and any transactions between Purchaser and Groves Industrial Supply are for the sole benefit of Purchaser and Groves Industrial Supply and confer no rights, benefits or claims upon any other person or entity not a party to such transactions.

4. Consequences of Failure to Comply with Payment Terms. Purchaser agrees to return, upon demand by Groves Industrial Supply, any merchandise for which payment has not been timely tendered. Purchaser agrees to reimburse Groves Industrial Supply for the cost, including attorneys fees, documentation fees, or other charges, incurred to collect any amounts past due. In the event Groves Industrial Supply submits collection of an unpaid account to a third-party collection firm, Purchaser agrees to pay Groves Industrial Supply, and Groves Industrial Supply reserves the right to impose, a documentation fee to reimburse Groves Industrial Supply for (i) costs associated with requesting payment of the account, and (ii) costs associated with preparing such account for submission to collection specialists; the minimum amount of such documentation fee, per account to be submitted to a collection specialist, is $800. Purchaser agrees to pay Groves Industrial Supply, and Groves Industrial Supply reserves the right to impose, a convenience fee on any late payments and/or interest at the rate of the lesser of (i) 1.5% per month or (ii) the highest interest rate permitted by applicable law for any outstanding indebtedness to Groves Industrial Supply (including expenses of collection) which is not timely paid. Purchaser agrees that any credit on any account is subject to a credit maintenance fee of 0.0834 of the credit per month that such credit is unresolved.

5. Use of Products; Warranty and Liability Issues. IN LIEU OF ANY OTHER WARRANTY, Groves Industrial Supply WARRANTS ONLY THAT TITLE TO PRODUCTS PURCHASED FROM Groves Industrial Supply WILL PASS ONCE THE PURCHASE PRICE IS PAID IN FULL IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. No other warranty is provided by Groves Industrial Supply; any oral or written statement otherwise by any person or entity is unauthorized, ineffective and void ab initio. Groves Industrial Supply MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, OR THAT PRODUCTS WILL CONFORM TO ILLUSTRATIONS OR DESCRIPTIONS. ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED. Groves Industrial Supply MAKES MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, OF PERFORMANCE, WORKMANSHIP, QUALITY, DURABILITY, INTERCHANGABILITY, SUITABILITY, OR NON-INFRINGEMENT INCLUDING THOSE INSTANCES WHERE CHANGES, ALTERATIONS OR MODIFICATIONS ARE MADE IN MATERIALS AT THE REQUEST OR INSTRUCTION OF THE PURCHASER. Groves Industrial Supply DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. Groves Industrial Supply's liability is limited to, and in any event will not exceed, the purchase price paid. Purchaser agrees to operate the products purchased in a safe manner, not remove or alter any safety features of the product and indemnify and hold Groves Industrial Supply harmless from any claim or liability resulting from actions with respect to the product. Groves Industrial Supply does not guarantee compliance with any state or local codes and regulations governing suitability of products, and is not responsible for how the products are installed or used. Any claim of Purchaser against Groves Industrial Supply of any nature whatsoever must be asserted within one calendar year of the first transaction related to such claim; as a material inducement to Groves Industrial Supply to sell products to Purchaser at the prices contemplated hereunder, Purchaser hereby releases Groves Industrial Supply from any claims of any nature whatsoever not asserted by commencing an action in a court of competent jurisdiction with one calendar year of the first transaction related to such claim, without regard to the actual or alleged state of knowledge of Purchaser with regard to such claim, its merits, its deficiencies, or its existence. Warranties are void outside of the United States of America.

6. Disputes, Delivery Deemed Conclusive, Governing Law, Jurisdiction. In the event of any dispute, the books and records of Groves Industrial Supply shall be conclusive as to the amount and price of goods, due date, delivery date, and terms and conditions. By placing an order with and by accepting delivery of any merchandise from Groves Industrial Supply, Purchaser (i) agrees that all matters related to any transaction(s) with Groves Industrial Supply shall be governed and controlled by the internal laws of the State of Illinois, (ii) agrees that the rights and obligations of the parties hereto shall not be governed by either the United Nations Convention of Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods, and (iii) agrees, consents and submits to the jurisdiction of any local, state or Federal courts having their situs within or deemed, for jurisdictional purposes only, to have authority over, either the County of Floyd in the State of Iowa or the County of Cook in the State of Illinois.

Return Policy

To process your request as efficiently as possible, in the event that you need to return an item, please note our return policy:

• Please call 1-800-343-8923 or contact your local rep for a Return Goods Authorization number (returns will not be accepted unless accompanied by this number) and be sure to write your RGA number on the shipping label.
• All returns must be authorized in advance and may be subject to a restocking charge.
• All returns must be new, unused and in their original packaging.
• All items should be shipped prepaid to:

Groves Industrial Supply
7301 Pinemont Dr
Houston, TX
77040

• Always include a copy of your invoice or packing slip.
• Claims for discrepancies in shipment must be made within 7 days of receipt of merchandise or they will not be accepted.
• Materials returned after 30 days from date of shipment will not be accepted.
• C.O.D. returns will not be accepted.
• Altered or etched items will not be accepted.
• Computer Software: Unopened software may be returned for credit. Opened software will be replaced only if defective.
• Repairs: Please call our Service department at 1-800-343-8923 for the address and phone number of the authorized service center nearest you.
• Cut-to-Length Products: Because of the special nature of the products, we will be glad to cut products to length per your specifications. Cut-to-length products, however, are considered final sale and may not be returned for credit.
• Customized product that meets the design specifications is not returnable.