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Terms of Access

Please review the westernglove.net Web site Terms of Access. All access to and use of this Web site is governed by these terms. Entering into this Web site indicates that you have reviewed the Web site Terms of Access and have agreed to be bound by these terms.

Disclaimer

All information provided on this Web site is subject to change without notice. While efforts have been made to make this Web site helpful and accurate, due to the open nature of this Web site, and the potential for errors in the storage and transmission of digital information, Western Glove Inc. does not warrant the accuracy of information obtained from this Web site. ALL MATERIALS POSTED ON THIS SITE ARE "AS IS" AND WITHOUT WARRANTIES EXPRESS OR IMPLIED. WESTERNGLOVE.NET DISCLAIMS ALL WARRANTIES INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WESTERNGLOVE.NET DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERUPPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WESTERNGLOVE.NET DOES NOT WARRANT OR REPRESENT THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Hypertext Links

This Site may be linked to other sites which are not maintained by Western Glove.net . Western Glove.net is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Western Glove.net of the sites. Western Glove.net  disclaims any liability for links: (i) from another Web site to Western Glove.net ; and (ii) to another Website from Western Glove.net  In order to link to Western Glove.net all users must comply with Linking terms.

Copyright

All materials contained on this Site are subject to the ownership rights of Western Glove Inc.. and its Supplier Partners. Western Glove .net  hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or acquiring Western Glove.net services or products. You agree that any copy made must include Western Glove.net  copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this site.

Submissions

All remarks, suggestions, ideas, graphics or other information communicated to Western Glove.net through this Site will forever be the property of Western GLove Inc. Unless otherwise specified in writing, all material submitted to Western Glove.net  will be presumed to be public and Western Glove.net  will not be required to treat the information as confidential. Western Glove , Inc. shall have exclusive ownership of all present and future existing rights in the information, without compensation to the person sending the information.

 

Sales Policy

Wholesale VS Retail

Western Glove Inc.  (“Western Glove”) sells products  wholesale only for business use to customers with proper business identification, which is required from all customers prior to purchase.  All other sales will be sold retail.

All sales are final. No returns or exchanges, except in cases of manufacturer error or defect.

Prices

Prices listed are wholesale on the wholesale side and prices on the retail side are retail and  do not include freight, handling fees, taxes, and/or duties, and are subject to correction or change without notice.  Market sensitive commodity products will be priced according to current market conditions.  Customer should contact us by email  @ customerservice@westernglove.net or phone 1-855-482-1202 for current pricing.  Export orders may be subject to other special pricing.   Western Glove reserves the right to accept or reject any order.

Sales Tax

Customers are responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate.  When placing an order, customer shall indicate which products are tax exempt.

Access and Use of Information

Access to this Web site is limited to viewing the linked Web pages solely for legitimate business purposes to access the information provided by westernglove.net  at this Web site. Any access or attempt to access other areas of the Western Glove Inc  computer system or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this Web site other than in connection with a legitimate business purpose.

Cross Reference Information

Product cross-reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are perfectly comparable. For critical applications, review specifications prior to purchase.

Trademarks

This Web site contains many Western Glove  Inc. and third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in this Web site including copyright, trademarks, trade secret and patent rights are reserved. Access to this Web site does not constitute a right to copy or use any of the intellectual property of Western Glove Inc. . or its suppliers. Statutory notice contained herein represents trademark status in the United States.

 

Payment and Credit Terms

Western Glove Inc. accepts cash, checks, money orders, Visa, MasterCard,   For customers with established Western Glove Inc. credit, payment terms are net thirty (30) days from the date of shipment or pick-up.  All credit extended by Western Glove Inc.  to customer, and the limits of such credit, is at Western Glove Inc. ’s sole discretion, and may be reduced or revoked by Western Glove Inc.  at any time, for any reason.  Western Glove Inc.  reserves the right to charge a convenience fee for late payments.  Western Glove Inc.  further reserves the right to charge customer a late payment fee at the rate of one and one-half percent (1-1/2%) of the amount due for each month or portion thereof that the amount due remains unpaid, or such amount as may be permitted under applicable law.  Anticipation and cash discounts are not allowed.  Export orders are subject to special export payment terms and conditions.  All payments must be made in U.S. dollars.  Western Glove Inc.  shall have the right of set-off and deduction for any sums owed by customer to Western Glove Inc.

If customer fails to make payment within thirty (30) days of shipment or pick-up, or fails to comply with Western Glove Inc. ’s credit terms, or fails to supply adequate assurance of full performance to Western Glove Inc.  within a reasonable time after requested by Western Glove Inc.  (such time as specified in Western Glove Inc. ’s request), Western Glove Inc.  may defer shipments until such payment or compliance is made, require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys’ fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order.

Customer agrees to assume responsibility for, and customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by customer, its subsidiaries and affiliates.  Each of customer’s subsidiaries and affiliates purchasing from Western Glove Inc.  will be jointly and severally liable for purchases with customer, and customer is also acting as agent for such subsidiaries and affiliates.
By placing an order on Westernglove.net site, you authorize Western Glove Inc. and or its authorized agents to collect payment from your credit card or your account for all the charges you incur.

Security Interest

Customer hereby grants to Western Glove Inc.  a first priority 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 Western Glove Inc. .  Customer agrees to file, or permit Western Glove Inc.  to file, any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of Western Glove Inc. 's lien or security interest.

Credit Balance

Customer agrees that any credit balance(s) issued by Western Glove Inc.  will be applied to customer’s account within one (1) year of its issuance.  IF CUSTOMER HAS NOT REQUESTED THE CREDIT BALANCE WITHIN ONE (1) YEAR, ANY REMAINING CREDIT BALANCE WILL BE CANCELLED, AND WESTERN GLOVE INC.  SHALL HAVE NO FURTHER LIABILITY.

Freight Policy

Prices stated are F.O.B. origin, freight prepaid to destination specified in the order.  Western Glove Inc.  charges a shipping and handling fee, (which includes internal handling and related costs), on each order which is applied at time of order and reflected on customer's invoice.  Receipts for shipping and handling charges will not be furnished.  Western Glove Inc.  covers shipping and handling for standard ground delivery for orders over US $1500 before tax and freight (including any backorders).  COD shipments are not permitted.  Other terms and conditions may apply for other than standard ground delivery ("Other Freight Services"), including without limitation, expedited same day delivery, air freight, freight collect, export orders, hazardous materials, customer's carrier, shipments outside the contiguous U.S. or other special handling by the carrier.  Any charges incurred for Other Freight Services must be paid by customer.  Fuel surcharges may be applied.  Title and risk of loss pass to customer upon tender of shipment to the carrier.  If the product is damaged in transit, customer's only recourse is to file a claim with the carrier.

Disclaimer of Warranties

You expressly agree that all materials, information, software, products, functions and services included in or available through the site (the Content) are provided "as is" for your use. The Content is provided without warranties of any kind, either express or implied, including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose or otherwise, other than those warranties which are incapable of exclusion, restriction or modification under applicable law. Neither Western Glove Inc. nor our subsidiaries or licensors, make any warranty that the content is accurate, reliable or correct; that the site will be available at any particular time or location; that any defects or errors will be corrected; that the content is free of viruses or other harmful components; or that you will achieve successful results from following any instructions, directions or recommendations on the site.

Limitation of Liability

Under no circumstances shall Western Glove Inc, our subsidiaries or our licensors be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or inability to use, the site or from information provided on the site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if we have been advised of the possibility of such damage. Westner Glove Inc. liability shall be limited to the extent permitted by law in any jurisdiction that does not allow the exclusion or limitation of incidental or consequential damages.

Indemnification

You agree to defend, indemnify, and hold Western Glove Inc.and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims, and expenses, including attorneys' fees that arise from your use or misuse of the Site or the Content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

Sales Policy

Wholesale Only and Retail Sales

Western Glove Inc., Inc. (“Western Glove Inc.”) sells wholesale  products for business use to customers with proper business identification, which is required from all customers prior to purchase at wholesale prices. All others will be subject to Retail pricing.

2. Prices

Prices listed do not include freight, handling fees, taxes, and/or duties, and are subject to correction or change without notice.  Market sensitive commodity products will be priced according to current market conditions.  Customer should contact the local Western Glove Inc. branch or check online at www.westernglove.net  for current pricing.  Export orders may be subject to other special pricing.   Western Glove Inc. reserves the right to accept or reject any order.

3. Sales Tax

Customers are responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate.  When placing an order, customer shall indicate which products are tax exempt.

4. Payment and Credit Terms

Western Glove Inc. accepts cash, checks, money orders, Visa, MasterCard,  For customers with established Western Glove Inc. credit, payment terms are net thirty (30) days from the date of shipment or pick-up.  All credit extended by Western Glove Inc. to customer, and the limits of such credit, is at Western Glove Inc.’s sole discretion, and may be reduced or revoked by Western Glove Inc. at any time, for any reason.  Western Glove Inc. reserves the right to charge a convenience fee for late payments.  Western Glove Inc. further reserves the right to charge customer a late payment fee at the rate of one and one-half percent (1-1/2%) of the amount due for each month or portion thereof that the amount due remains unpaid, or such amount as may be permitted under applicable law.  Anticipation and cash discounts are not allowed.  Export orders are subject to special export payment terms and conditions.  All payments must be made in U.S. dollars.  Western Glove Inc. shall have the right of set-off and deduction for any sums owed by customer to Western Glove Inc..

If customer fails to make payment within thirty (30) days of shipment or pick-up, or fails to comply with Western Glove Inc.’s credit terms, or fails to supply adequate assurance of full performance to Western Glove Inc. within a reasonable time after requested by Western Glove Inc. (such time as specified in Western Glove Inc.’s request), Western Glove Inc. may defer shipments until such payment or compliance is made, require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys’ fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order.

Customer agrees to assume responsibility for, and customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by customer, its subsidiaries and affiliates.  Each of customer’s subsidiaries and affiliates purchasing from Western Glove Inc. will be jointly and severally liable for purchases with customer, and customer is also acting as agent for such subsidiaries and affiliates.

5. Security Interest

Customer hereby grants to Western Glove Inc. a first priority 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 Western Glove Inc..  Customer agrees to file, or permit Western Glove Inc. to file, any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of Western Glove Inc.'s lien or security interest.

6. Credit Balance

Customer agrees that any credit balance(s) issued by Western Glove Inc. will be applied to customer’s account within one (1) year of its issuance.  IF CUSTOMER HAS NOT REQUESTED THE CREDIT BALANCE WITHIN ONE (1) YEAR, ANY REMAINING CREDIT BALANCE WILL BE CANCELLED, AND WESTERN GLOVE INC. SHALL HAVE NO FURTHER LIABILITY.

 

B. Freight Policy

Prices stated are F.O.B. origin, freight prepaid to destination specified in the order.  Western Glove Inc. charges a shipping and handling fee, (which includes internal handling and related costs), on each order which is applied at time of order and reflected on customer's invoice.  Receipts for shipping and handling charges will not be furnished.  Western Glove Inc. covers shipping and handling for standard ground delivery for orders over US $1500 before tax and freight (including any backorders).  COD shipments are not permitted.  Other terms and conditions may apply for other than standard ground delivery ("Other Freight Services"), including without limitation, expedited same day delivery, air freight, freight collect, export orders, hazardous materials, customer's carrier, shipments outside the contiguous U.S. or other special handling by the carrier.  Any charges incurred for Other Freight Services must be paid by customer.  Fuel surcharges may be applied.  Title and risk of loss pass to customer upon tender of shipment to the carrier.  If the product is damaged in transit, customer's only recourse is to file a claim with the carrier.

 

Warranty Policy

LIMITED WARRANTY

ALL PRODUCTS SOLD ARE WARRANTED BY WESTERN GLOVE INC. ONLY TO CUSTOMERS FOR:  MANUFACTURES DEFECT.   WESTERN GLOVE INC. WARRANTS PRODUCTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF 2 WEEKS  AFTER THE DATE OF PURCHASE FROM WESTERN GLOVE INC., UNLESS OTHERWISE STATED.  PROVIDED THAT WESTERN GLOVE INC. ACCEPTS THE PRODUCT FOR RETURN DURING THE LIMITED WARRANTY PERIOD, WESTERN GLOVE INC. MAY, AT ITS OPTION:  (i) REPAIR; (ii) REPLACE; OR (iii) REFUND THE AMOUNT PAID BY CUSTOMER. CUSTOMER MUST RETURN THE PRODUCT TO THE APPROPRIATE WESTERN GLOVE INC. BRANCH OR AUTHORIZED SERVICE LOCATION, AS DESIGNATED BY WESTERN GLOVE INC., SHIPPING COSTS PREPAID.  WESTERN GLOVE INC.’S REPAIR,  REPLACEMENT, OR REFUND OF AMOUNTS PAID BY CUSTOMER FOR THE PRODUCT, SHALL BE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY.

WARRANTY DISCLAIMER

NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY STATEMENT ABOVE, IS MADE OR AUTHORIZED BY WESTERN GLOVE INC..   WESTERN GLOVE INC. DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION.  WESTERN GLOVE INC. EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE PRODUCTS:  (i) ARE MERCHANTABLE;  (ii)  FIT FOR A PARTICULAR PURPOSE; OR (iii) DO NOT AND WILL NOT INFRINGE UPON OTHER’S INTELLECTUAL PROPERTY RIGHTS.

LIMITATION OF LIABILITY

WESTERN GLOVE INC. EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES.  WESTERN GLOVE INC.'S LIABILITY IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.

Warranty Product Return

Before returning any product, customer shall:  (i) write or call the local Western Glove Inc. branch from which the product was purchased;  (ii) in the case of an internet order, contact CUSTOMER SERVICE AT   customerservice@westernglove.net and provide the date, the original invoice number, the stock number, and a description of the defect; or (iii) call Customer Care at 1-855-482-1202, and provide the date, the original invoice number, the stock number, and a description of the defect.  Proof of purchase is required in all cases.

Manufacturer’s Warranty

For information on a specific manufacturer’s warranty, please contact the local Western Glove Inc. call Customer Care at 1-855-482-1202 and have receipt number.

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.  Western Glove Inc. does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Western Glove Inc. accept responsibility for construction, installation and/or use of a product.  It is customer’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.

Cross-Reference Information

Product cross-reference comparisons do not imply that products are available or perfectly comparable.  CROSS-REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS.  Customer shall review all cross-referenced product specifications prior to purchase and use to determine suitability of the product for customer's intended use.

 

D. Product Information

Catalog/Website Information

Western Glove Inc. reserves the right to update publishing errors in its catalogs or any of its websites.  Product depictions in the catalog or websites are for illustrative purposes only.  Possession of, or access to, any Western Glove Inc. catalog, literature or websites does not constitute the right to purchase products.

Product Substitution

Products (and country of origin) may be substituted and may not be identical to catalog or website published descriptions and/or images.

Occupational Safety and Health Administration (“OSHA”) Hazardous Substance

Material Safety Data Sheets (“MSDS”) for OSHA defined hazardous substances are prepared and supplied by the manufacturers.  WESTERN GLOVE INC. MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE RECOMMENDATIONS IN ANY MSDS.  CUSTOMER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT.

MSDS

Information on MSDS  are available: (i) at the local Western Glove Inc. branch;  (ii) by contacting Western Glove Inc., PO Box 6513 Spokane, WA 99217. (iii) by calling Western Glove Inc.’s MSDS Request Line at 1-855-482-1202; or (iv) by email at customerservice@westernglove.net 

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E. General Terms

Electronic Data Interchange

If Western Glove Inc. and customer mutually agree 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.  Western Glove Inc. and customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access.  In the event of a conflict, the business records maintained by Western Glove Inc. regarding EDI purchases made by customer shall be deemed to be conclusive.

Third Party Payment Provider

If customer elects to use a third party payment system provider (“Third Party Provider”) and Western Glove Inc. is charged fees by the Third Party Provider, Western Glove Inc. reserves the right to seek reimbursement from customer for any and all costs paid to the Third Party Provider for the transfer of funds, retrieval of payment detail, or any other purpose from the Third Party Provider.

Intellectual Property

Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights reserved by Western Glove Inc., or any trademarks or service marks owned by suppliers to Western Glove Inc..  All materials contained on the www.Western Glove Inc..net website are subject to the ownership rights of Western Glove Inc. and its suppliers.  Customer shall have no right to copy or use any of the intellectual property of Western Glove Inc. or its suppliers without Western Glove Inc.’s permission.

Western Glove Inc.’s Performance of Services

In conjunction with customer’s purchase of product, Western Glove Inc. may perform certain services for customer on customer premises such as delivering, ordering, performing inventory management, or putting-away product (collectively, the “Services”). Customer will hold harmless and indemnify Western Glove Inc., its officers, directors, employees, agents, subcontractors or representatives from and against any and all claims, including bodily injury, death, or damage to personal property, and all other losses, liabilities, obligations, demands, actions and expenses, whether direct or indirect, known or unknown, absolute or contingent, incurred by Western Glove Inc. related to the performance of Services for customer (including without limitation, settlement costs, attorneys’ fees, and any and all other expenses for defending any actions or threatened actions) arising out of, in whole or in part, any act or omission of customer, its employees, agents, subcontractors or representatives.

Independent Contractors

Western Glove Inc. and customer are independent contractors and not principal and agent.  Nothing contained in these terms and conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship.  Customer will not have the right to bind or otherwise obligate Western Glove Inc. in any manner, nor will customer represent to anyone that it has the right to do so.

Sourced Product

Western Glove Inc. may procure product not available through the Western Glove Inc. catalog or available on www.Western Glove Inc..net  for a customer from other sources (“Sourced Product(s)”).  Sourced Product is priced according to current market conditions on a per order basis, and is shipped F.O.B. origin with freight and handling fee paid by Western Glove Inc. and charged to customer.  Any charges for Other Freight Services are paid by customer.  A returned goods authorization must be issued by Western Glove Inc. prior to returning any Sourced Product.  A restocking fee may apply for any returned Sourced Product.  WESTERN GLOVE INC.’S LIMITED WARRANTY TERMS INCLUDED IN THESE TERMS AND CONDITIONS DO NOT APPLY TO SOURCED PRODUCTS.   THE PRODUCT WARRANTY PROVIDED BY THE MANUFACTURER AND/OR SUPPLIER WILL BE CUSTOMER’S SOLE REMEDY.

Custom Product

Customer may order custom products (“Custom Product(s)”) created to customer’s specifications.  Western Glove Inc. is not responsible for verifying or confirming the accuracy of specifications provided by customer to Western Glove Inc. for Custom Products.  WESTERN GLOVE INC.’S LIMITED WARRANTY TERMS INCLUDED IN THESE TERMS AND CONDITIONS DO NOT APPLY TO CUSTOM PRODUCTS.  THE PRODUCT WARRANTY PROVIDED BY THE MANUFACTURER AND/OR SUPPLIER WILL BE CUSTOMER’S SOLE REMEDY.  All Custom Products are sold on a “FINAL SALE” basis only, and no cancellations, returns, refunds or credits are allowed.

Cancellation

All product order cancellations must be approved by Western Glove Inc., and may be subject to restocking fees and other charges.

Product Return

Product returns must be made within one (1) month from date of purchase, unless otherwise indicated.  Customer should call the local Western Glove Inc. branch, or go to www.Western Glove Inc..net , for instructions.  Returned product must be in original packaging, unused, undamaged, and in saleable condition.  Proof of purchase is required in all cases. Please read return policy procedures

Materials of Trade

Customer represents that if it is purchasing products as its "materials of trade," as defined in the Hazardous Materials Regulations in Title 49 of the Code of U.S. Federal Regulations, the products shall be used in direct support of its business, such business does not concern transportation, and such products shall not be resold or transported in a vehicle other than one owned by itself.

Force Majeure

Western Glove Inc. shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Western Glove Inc. in the conduct of its business.

Assignment

Customer shall not assign any order, or any interest therein, without the prior written consent of Western Glove Inc..  Any actual or attempted assignment without Western Glove Inc.’s prior written consent shall entitle Western Glove Inc. to cancel such order upon notice to customer.

No Third Party Benefit

The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.

Waiver, Choice of Law and Venue

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 non-performance of any such term or condition by the other party.  All transactions shall be governed by the laws of the State of Washington, excluding its conflict of law rules, and venue shall either be in the state courts in Spokane, Wshington,  or the federal courts for the State of Washington.

Severability

If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.

Modification of Terms

Western Glove Inc.'s acceptance of any order is subject to customer's assent to all of the terms and conditions set forth herein.  Customer’s assent to these terms and conditions shall be presumed from customer’s receipt of Western Glove Inc.’s acknowledgment, or from customer’s acceptance of all or any part of the products ordered.  No additions or modifications of Western Glove Inc.’s terms and conditions by customer shall be binding upon Western Glove Inc., unless agreed to in writing by an authorized representative of Western Glove Inc..  If a purchase order or other correspondence submitted by customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in Western Glove Inc.’s acknowledgment, Western Glove Inc.'s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by customer, and will not constitute a waiver by Western Glove Inc. of any of the terms and conditions contained herein or in Western Glove Inc.’s acknowledgment.

Complete Agreement

The terms and conditions in:  (i) Western Glove Inc.'s forms; (ii) acknowledgments, (iii) quotations; (iv) invoices; (v) websites; (vi) catalogs; and (vii) extension of credit are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and Western Glove Inc..

 

Additional Terms and Conditions Related to Export of Western Glove Inc. Products

IN ADDITION TO THE STANDARD TERMS AND CONDITIONS IN SECTION I, EXPORT SALES OF WESTERN GLOVE INC. PRODUCTS WILL BE GOVERNED BY THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS RELATED TO EXPORT OF WESTERN GLOVE INC. PRODUCTS (“ADDITIONAL TERMS”).  IN THE EVENT OF A CONFLICT BETWEEN WESTERN GLOVE INC.’S STANDARD TERMS AND CONDITIONS AND THE ADDITIONAL TERMS, THE ADDITIONAL TERMS SHALL PREVAIL FOR EXPORT SALES OF WESTERN GLOVE INC. PRODUCTS.

Order Acceptance

Customer acknowledges that no order shall be deemed accepted unless and until it is verified and accepted by Western Glove Inc., or any of its U.S. affiliates and divisions, at a continental U.S. facility or at any of its websites. Customer further consents that submission of its order shall subject customer to the jurisdiction of the federal courts of the U.S. and of the State where acceptance occurred in the U.S.

Sales Tax and Duties, Import Fees

Western Glove Inc. is required to charge federal, state, local tax, applicable duties, and import fees on products, or for providing a valid exemption certificate. Customer assumes responsibility for, and unconditionally guarantees payment or reimbursement of, all applicable taxes, fees, licenses, import duties, and expenses as may be applicable. When placing an order, customer shall indicate which products are tax exempt.

Payment and Credit Terms

Payment terms are net forty-five (30) days from the date of shipment.  All other payment terms are as set forth in paragraph of the STANDARD TERMS AND CONDITIONS.  Customer agrees to inform Western Glove Inc. immediately if it intends to use any import or export financing, or has or will be granting a lien or security interest on its inventory to any third party.

Shipping Charges and Freight Policy

All Western Glove Inc. export orders are shipped under INCOTERMS® 2010 rules as defined by the International Chamber of Commerce. Unless otherwise stated and agreed, default shipping term is FCA Western Glove Inc. shipping location, excluding export customs clearance.  Freight is prepaid to U.S. airport or port of exit for single shipment orders of U.S. $1,500 or more of product (before tax and freight) using routing of Western Glove Inc.'s choice.  Other shipments are freight collect from any Western Glove Inc. facility. Customer shall be responsible for obtaining insurance.  At Western Glove Inc.'s option, this freight policy may be subject to special terms and conditions for certain export orders.  If any item is backordered that qualifies for freight prepayment, that item will be shipped prepaid as customer's exclusive remedy.  Title and risk of loss for products shall pass when made available to customer on delivery to carrier in the U.S.; provided that if payment has not been made at the time of shipment, Western Glove Inc. shall retain title (but not risk of loss) until payment has been made.  If product is damaged in transit, customer’s only recourse is to file a claim with the applicable airline, carrier, vessel and/or insurance company; provided, however, that if Western Glove Inc. has not received payment in full at the time the product is damaged in transit, customer shall be liable to Western Glove Inc. to make payment for the product, and Western Glove Inc. shall also, if customer fails to make payment, have the exclusive right to file a claim with the applicable airline, carrier, vessel and/or insurance company.

Export Controls and Related Regulations

Customer represents and warrants that it is not designated on, or associated with, any party designated on any of the U.S. government restricted parties lists, including without limitation, the U.S. Commerce Department Bureau of Industry and Security (“BIS”) Denied Persons List; Entity List or Unverified List; the U.S. Treasury Department Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals and Blocked Persons List; or the U.S. State Department Directorate of Defense Trade Controls (“DDTC”) Debarred Parties List. Customer 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.

Foreign Principal Party in Interest; Freight Forwarder and Documentation

It is specifically agreed that customer shall be the foreign principal party in interest and/or that its freight forwarder shall act as customer's agent in such capacity for purposes of the Foreign Trade Regulations or other regulatory purposes, and customer and its freight forwarder are responsible for all routed export transactions documentation, including but not limited to the filing of the required Electronic Export Information/Automated Export System records.  At Western Glove Inc.'s request, customer or its freight forwarder shall provide copies of any export, shipping, or import documentation prepared by customer or its freight forwarder related to sales to customer by Western Glove Inc..

U.S. Foreign Corrupt Practices Act

Customer acknowledges that it is an independent contractor and represents, warrants, and covenants that it has not paid, offered or agreed to pay, authorized the giving of, or caused to be paid, directly or indirectly, money or anything of value to any foreign official (as defined in the U.S. Foreign Corrupt Practices Act, as amended), a foreign political party or party official, or any candidate for foreign political office in connection with the purchase and resale of the products ordered from Western Glove Inc..

Dispute Resolution

Actions by Western Glove Inc. for non-payment by customer of the purchase price of products sold by Western Glove Inc., or for redress of other breaches by customer of these terms and conditions, may be brought by Western Glove Inc., at its option, before any U.S. or foreign judicial court of competent jurisdiction.  At Western Glove Inc.'s option, disputes between customer and Western Glove Inc., including all claims for non-performance by Western Glove Inc., shall be finally settled by arbitration in Spokane County, Washington, U.S., in accordance with the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association, by a single arbitrator appointed in accordance with said Rules, applying these terms and conditions and consistent provisions of the federal and state laws (except conflict of law rules) of the State of Washington, U.S. The language of the arbitration shall be English.

Country of Importation and Anti-diversion

Customer represents that it is purchasing products from the U.S. and importing them to the country specified in the customer and Western Glove Inc. documentation.  Customer agrees that the products will be shipped to the specified destination in compliance with the laws of such destination and the U.S., and that the products will not be directly or indirectly sold, exported, transferred, assigned, used, or otherwise disposed of in a manner which may result in any non-compliance with applicable U.S. laws and regulations relating to the product purchased by customer.  Any commodities, technology and software will be exported from the U.S. in accordance with the U.S. Export Administration Regulations and other applicable laws or regulations.  Diversion contrary to U.S. law is prohibited. If requested by Western Glove Inc., customer shall provide documentation satisfactory to Western Glove Inc. verifying delivery at the designated country.  Customer further agrees to inform Western Glove Inc. at the time of order of any North American Free Trade Agreement or other special documentation, packaging or product marking or labeling, but Western Glove Inc. shall not be responsible for providing any such documentation, packaging, marking or labeling other than such documents that are necessary under U.S. export laws and regulations for export, unless Western Glove Inc. expressly agrees to do so.

Permits, Export, and Import Licenses

Customer shall be responsible for obtaining any licenses or other official authorizations that may be required by the country of importation and/or under the Export Administration Regulations, International Traffic in Arms Regulations. Toxic Substances Control Act, or other applicable laws or regulations.

Governing Law; Limitations

The rights and obligations of the parties under these terms and conditions shall not be governed by the provisions of the 1980 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.  Rather, these terms and conditions shall be governed by the laws of the State of Illinois, U.S., including its provisions of the Uniform Commercial Code, but excluding its conflict of law rules.  Notwithstanding the foregoing, any legal action by customer with respect to any transaction must be commenced within one (1) year after the cause of action has arisen.

What information do we collect?

We collect information from you when you register on our site or fill out a form.

What do we use your information for?

We use your information to personalize your experience, improve our website, improve customer service, process transactions and send periodic emails. It will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested by you.
 
The email address you provide for order processing may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email

Do we use cookies?

We do not use tracking cookies.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or service you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing; advertising, or other uses.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.

Payment Terms

By placing an order on the Site, you authorize Western Glove Inc. or its authorized agents to collect payment from your credit card for all charges you incur. Prices listed on the Site do not include shipping, handling, taxes or insurance, unless otherwise specified.

Contacting Western Glove Inc and Resolving Problems

If you have any questions or comments about these Terms and Conditions, please contact us by email at: customerservice@wesaternglove.net or by phone at 1-855-482-1202 Please provide a concise communication with complete information, including your contact information.