PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF AND PURCHASES ON THIS WEB SITE. PLEASE SCROLL DOWN TO VIEW IMPORTANT INFORMATION ON THE TERMS AND CONDITIONS.

TERMS AND CONDITIONS- EFFECTIVE 6/11/2021

Subject to the terms and conditions set out herein, Safety-Kleen Systems, Inc. ("Safety-Kleen") proposes to make available this website (“Site”) and furnish the products selected by you in this online session ("Products") for the purchase price ("Price").

1. ENTIRE AGREEMENT: This Terms and Conditions of Sale Agreement ("Agreement") constitutes the entire agreement between Safety-Kleen and you ("User"). Terms or conditions contained in any purchase order or other similar document that in any manner purport to alter, modify, change, suspend or add to any term or condition contained in this Agreement shall be deemed excluded from such purchase order and waived by Buyer, and shall have no effect. Safety-Kleen's performance hereunder is expressly conditioned upon Buyer's acceptance of the terms and conditions of the Agreement. By using the Site, User is accepting the terms and conditions of this Agreement. If User does not wish to be bound by this Agreement, User must notify Safety-Kleen immediately and return the Products pursuant to the Return Policy set forth below. THIS AGREEMENT SHALL APPLY UNLESS USER HAS A SEPARATE EXISTING PURCHASE AGREEMENT WITH SAFETY-KLEEN, IN WHICH CASE THE SEPARATE PURCHASE AGREEMENT SHALL GOVERN.

2. PRICING: Pricing of an item is not confirmed until User orders. Safety-Kleen, however, does not process the payment on User's credit card until after User's order has been shipped. From time to time, the price displayed during ordering will not be the correct price. Safety-Kleen is not responsible for pricing, typographical or other errors, in any offer by Safety-Kleen and reserves the right to cancel any orders resulting from such errors, regardless of whether the order has been confirmed. If User’s account is charged due to any transaction involving a typographical error, the order may still be canceled and Safety-Kleen will issue a refund for the charged amount to User’s account. All the prices are in USD. Canadian prices might be different from those stated on the Site.

3. TAXES: The Price does not include tax, unless explicitly stated otherwise. All taxes of any kind levied by a federal, state, municipal or other governmental authority that Safety-Kleen is required to collect or pay with respect to the production, sale or shipment of Products shall be the responsibility of User. User agrees to pay all such taxes and further agrees to reimburse Safety-Kleen for any such payments made by Safety-Kleen. User will provide any valid and correct tax exemption certificate or other appropriate documentation related to tax exemption status prior to shipment of Product.

4. PAYMENT TERMS: Payment terms are within Safety-Kleen's sole discretion, and, unless otherwise agreed to in writing by Safety-Kleen, payment must be made at the time of purchase. Safety-Kleen shall have the right to condition any sale on credit approval. Payment for Products shall be made by credit card or some other prearranged payment method. Your order is subject to cancellation by Safety-Kleen, at Safety-Kleen's sole discretion. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. If applicable, shipping and handling will be specified in the invoice(s).

5. USER’S WARRANTIES: By placing an order for Product on this Site, you warrant and affirm that (i) you are 18 years of age or older; (ii) if ordering Products on behalf of an organization or company, you have the legal authority to bind such entity to these terms and conditions; (iii) the credit card used to make payment hereunder is issued in your name or you are otherwise authorized to use the credit card; (iii) you will pay all charges incurred by you hereunder; and (iv) all information provided by you during the transaction is true and accurate.

6. DESCRIPTIONS AND TYPOGRAPHICAL ERRORS: From time to time, descriptions of products may contain technical inaccuracies or typographical errors. The information is presented AS-IS and User hereby disclaims all warranties regarding the descriptions of Products on the Site, including warranties of merchantability and fitness for a particular purpose. Safety-Kleen reserves the right at any time to make modifications, alterations, or deletions to any Product descriptions on the Site.

7. ORDER ACCEPTANCE AND CANCELLATION: You agree that your order is an offer to buy, under this Agreement all Products listed in your order. All orders must be accepted by Safety-Kleen or Safety-Kleen will not be obligated to sell the Products to you. Safety-Kleen may choose not to accept orders at its sole discretion, even after Safety-Kleen has sent a confirmation email with your order number and details of the Products you have ordered.

8. SHIPPING AND DELIVERY: Safety-Kleen currently ships only in the continental United States. In most instances, Parts Washers will be delivered by a Safety-Kleen representative from the Safety-Kleen branch closest to User's location. In other instances, Safety-Kleen will ship the Products to User using various shipping methods depending on the items being shipped, quantity, time and destination. Safety-Kleen makes no guarantee that ordered items will arrive by a certain time or date. Any shipping dates provided by Safety-Kleen are estimates only. Loss or damage that occurs during the shipping by a carrier selected by Safety-Kleen is Safety-Kleen's responsibility. Loss or damage that occurs during the shipping by a carrier selected by User is User's responsibility. Unless otherwise agreed to, User will be responsible for installation of Products. User must follow the manufacturer's installation specifications and instructions exactly or User's ability to return the Products and any warranty that may exist on the Products may be nullified. Some products might not be available in Canada.

9. ACCEPTANCE AND REJECTION OF PRODUCTS: It is User's responsibility to inspect shipment at time of delivery and refuse delivery of the Products if damaged. User agrees that receipt of the Products shall constitute acceptance of the Products. User must notify Safety-Kleen within 30 days of the date of your invoice if User believes any part of your purchase is missing, incorrect or damaged.

10. RETURN POLICIES; EXCHANGES: New and Refurbished Parts Washers and unused Products that User purchases from Safety-Kleen may be returned or exchanged within thirty (30) days of the delivery date for a refund. User must contact Safety-Kleen directly at 1-800-669-5740, ext. 2490 (Monday through Friday 8:00 a.m. to 5:00 p.m. CST) prior to returning any Products. All returns will be coordinated through the Safety-Kleen branch that delivered the Products to User or otherwise designated following notice of intent to return. User is responsible for shipping and handling fees for returning or exchanging Products. The risk of loss for Products shall remain with User until accepted by Safety-Kleen at the address provided by Safety-Kleen. Additional fees may apply, including processing fees and restocking fees equal to 10% of the Price. If User cancels an order before User receives the order, User may be charged for shipping and handling costs, even for Products in which shipping and handling were not charged on the original order. Upon Safety-Kleen’s receipt and inspection of all returned Products, Safety-Kleen will credit the credit card used to place the order for the purchase Price of the Products returned, less shipping and handling. All returns must (a) be in the original or equivalent packaging; (b) have the original manufacturer's paperwork and owners' manual delivered with the Products; and (c) contain all parts and components originally delivered with the Products. Any Products marked on the Site as non-returnable will not be eligible for return and this Section shall not apply.

11. INDUSTRIAL/COMMERCIAL USE: User acknowledges that many of the Products sold by Safety-Kleen are for industrial or commercial use only and agrees to use those specified Products only for industrial or commercial purposes.

12. CERTIFIED RECONDITIONED PRODUCTS: User acknowledges that Parts Washers, except the minimizers, may be certified reconditioned Products as set forth in the Specifications for each Parts Washer.

13. WARRANTY: Safety-Kleen makes no express warranties on the Products except as stated in documentation provided with certain Parts Washers. EXCEPT AS SPECIFICALLY STATED IN DOCUMENTATION PROVIDED WITH PRODUCTS, ALL PRODUCTS ARE SOLD ON AN "AS-IS" BASIS. SAFETY-KLEEN HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THE NONINFRINGEMENT OF ANY PATENTS, TRADEMARKS, COPYRIGHTS OR THE LIKE. The limited warranties provided with Parts Washers are valid only with the use of Safety-Kleen brand chemistries or other chemistries approved by Safety-Kleen in writing. Warranties will be voided if foreign chemistries, solvents, cleaners, paint thinners or additives which will cause deleterious corrosion effects to internal surfaces and hardware components, are added to the solvent or paint thinner. This would include the addition of any compounds that include nitrocellulose. Warranties may also be voided if User fails to install or operate the parts washers in accordance with the operating manual. Safety-Kleen does not warrant that the User’s use of the Site will be uninterrupted or error-free.

14. USER'S EXCLUSIVE REMEDY: Products for which damages are claimed shall not be returned, repaired or discarded without Safety-Kleen's written consent. USER'S EXCLUSIVE REMEDY AGAINST SAFETY-KLEEN, AND SAFETY-KLEEN'S SOLE OBLIGATION, FOR ANY AND ALL CLAIMS ARISING OUT OF THE PURCHASE OR USE OF PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY OR NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO SAFETY-KLEEN REPLACING OR REPAIRING THE DEFECTIVE PRODUCT OR, AT SAFETY-KLEEN'S OPTION, REFUNDING THE PRICE FOR THE DEFECTIVE PRODUCT. IN NO EVENT SHALL SAFETY-KLEEN HAVE ANY LIABILITY FOR DAMAGES IN AN AMOUNT EXCEEDING THE PURCHASE PRICE, NOR SHALL SAFETY-KLEEN HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.

    BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

15. ACCEPTANCE AND CANCELLATION: After acceptance and approval of this Agreement by Safety-Kleen, this Agreement cannot be modified or canceled without mutual agreement of the parties.

16. ASSIGNMENT: User shall not assign its rights or responsibilities under this Agreement without written consent of Safety-Kleen.

17. ENFORCEABILITY: In the event that any one or more of the provisions contained herein shall for any reason be held to be unenforceable in any respect, such unenforceability shall not affect any of the provisions of this Agreement, but this Agreement shall be construed as if such unenforceable provisions have never been contained herein.

18. GOVERNING LAW: THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MASSACHUSETTS. User, acting for itself and its successors and assigns, hereby expressly and irrevocably consents to the exclusive jurisdiction of the state and federal courts of Massachusetts for any litigation that may arise out of or be related to this Agreement. User waives any objection based on forum non conveniens or any objection to venue of any such action.

19. INTELLECTUAL PROPERTY: The images, product names, and designs on the Site (“Intellectual Property”), are the sole and exclusive property of Safety-Kleen or its affiliates. The Site may also contain third party Intellectual Property. The Intellectual Property is protected by federal, state, and international laws regarding copyright, patents, and trademarks. Unless otherwise expressly agreed, User’s use of the Site or purchase of any Product does not grant User any express or implied right or license in any of the Intellectual Property.

20. PROHIBITED USE: As a condition to the User’s use of the Site, the User may not make any use of the Site that would violate any local, state, federal, or international, rule, law, or regulation of any kind, whether currently in effect or hereinafter enacted.

21. ACCOUNT TERMINATION: If User violates any of the terms of this Agreement, Safety-Kleen may, in addition to all other remedies available at law, terminate User’s account and refuse any sale of the Products.

22. MOFIDICATION: Safety-Kleen may, at any time and for any reason, modify the Site without prior notice. Safety-Kleen may also modify the terms and conditions of this Agreement from time to time without notice to User. Any changes to this Agreement will be in effect as of the "Last Updated Date" referenced on the Site. You should review this Agreement prior to purchasing any Products through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

23. PRIVACY: The terms and conditions regarding the User’s privacy and Safety-Kleen’s use of User’s data are governed by the Privacy Policy, which is incorporated by reference and made a part of this Agreement.