Expressed agreement to and acceptance of these Terms and Conditions are required to purchase explosive materials, training, or other products and services, hereinafter Product(s). The acceptance of an estimate or quote, or issuance of a purchase order (P.O.) or invoice constitutes express agreement to and acceptance of these Terms and Conditions.
Tripwire South, LLC (hereinafter Tripwire) ensures our Product(s) undergo thorough, instrumented testing; the end user(s) dare to exercise extreme caution and follow all standard safety procedures when conducting operations. Due to the ever-changing nature of our specialty, Product(s)s may undergo changes and/or improvements without prior notice. The parties acknowledge and agree that the Product(s) may be hazardous. Tripwire agrees to inform Customer of hazards and precautionary procedures with respect to the handling and transportation of the Product(s) in the form in which the Product(s) is transferred. Customer shall familiarize and keep itself informed of hazards and precautionary procedures with respect to the storage, handling, transportation, use and/or disposal of the Product(s) or Product(s)s made in whole or in part from the Product(s) or the containers in which such Product(s) is shipped. Customer will give adequate instruction for use and warning of hazards and precautionary procedures to all persons that the Customer can reasonably foresee may be exposed to such hazards, including, but not limited to, Customer’s employees, agents and contractors. In the event a specified manufacturer’s Product(s) listed in an estimate/invoice becomes unavailable or cannot be supplied for any reason, Tripwire reserves the right, without prior notice, to provide a Product(s) that is a suitable substitute, being equal to or better than the specified Product(s). Substitute shall be at no additional cost or expense to the Customer(s). TRIPWIRE’S WARRANTY OF STANDARD QUALITY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TRIPWIRE NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OR USE OF THE MATERIALS SOLD HEREUNDER, AND THERE ARE NO AGREEMENTS OR WARRANTIES, EITHER ORAL OR WRITTEN, COLLATERAL TO OR AFFECTING THIS AGREEMENT. In no event shall Tripwire be liable for consequential damages or lost profits.
SALES, PRICING, AND PAYMENT
All sales are final and may not be returned for exchange, credit, or refunds, unless otherwise specifically agreed upon, in writing, between Tripwire and the Customer(s). Tripwire cannot control price increases by Product(s) manufacturers and/or suppliers, therefore all prices are subject-to-change without prior notice. We reserve the right to correct all misprints. If Customer(s) financial responsibility becomes unsatisfactory to Tripwire, Tripwire may decline to make further sale(s) and/or deliveries except for cash or satisfactory security. Tripwire may, during any period of increased prices that are not commercially reasonable or shortage, prorate and allocate its supply of affected materials among itself for its own consumption, its subsidiaries, affiliated companies, its accepted orders, contract customers and its regular customers not then under contract in such manner as Tripwire determines to be fair and reasonable. In no event shall the Tripwire be obligated to purchase any materials (including energy) in the marketplace to satisfy its obligations hereunder. Tripwire may, during any period of materially increased cost assess a surcharge in an amount deemed fair and reasonable by Tripwire. Tripwire reserves the right to refuse sales and/or service to any person(s), for any reason(s), in accordance with applicable law(s).
DELIVERY, SHIPMENT AND CANCELLATION
Tripwire shall have neither liability nor responsibility for delays and/or exceptions in delivery being made by third-party entities, i.e. FedEx ® Ground, FedEx ® Freight, etc., once the package(s) leave our facility. Delivery attempts by third-parties will be at their discretion and governed by their corporate policies. Delivery of Product(s) will be attempted by Tripwire personnel for a total of two (2) times. An initial attempt will be made as agreed upon. If delivery is unsuccessful, an email will be sent and/or phone call placed to the delivery recipient point-of-contact (POC), as appointed by the Customer(s). If contact is not made with delivery recipient POC within an amount of time deemed to be appropriate by the delivery personnel, a second attempt will be made to the original agreed upon person(s), location(s), etc. If delivery should be unsuccessful following the second attempt, delivery will be considered forfeited and Product(s) will be returned to Tripwire facilities, and Customer(s) are financially responsible for additional or future delivery attempts. Tripwire reserves the right of stoppage in transit. Neither party shall be subject to any liability for delay or suspension of performance, or nonperformance as a result of fire, flood, natural catastrophe, strike, labor trouble, accident, riot, terrorism, act of governmental authority, act of God, or other contingencies or circumstances beyond its control interfering with the Production, supply, transportation, or receipt of the Product(s) or any raw materials used in the Production of the Product(s) or with the ability of the Tripwire to purchase raw materials (including energy) at a commercially reasonable price, and quantities so affected may be eliminated and not made up, without liability, but the Agreement shall otherwise remain unaffected.
This site and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site and shall not be responsible or liable for any error or omissions in that information. All rights reserved. Reproduction or adaptation of any part of this website without written consent is unlawful and prohibited. All trademarks, service marks, trade names, registered names, Product(s) names and/or logos appearing on this site are the property of their respective owners. These Terms and Conditions and the transactions contemplated hereby shall be governed by and construed and interpreted in accordance with the laws and jurisdiction of the courts of the country, state, province or territory determined solely by Tripwire South, LLC to resolve any legal matter arising from the Terms and Conditions, without regard to the choice-of-law principles thereof. If the court of law having jurisdiction rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and Conditions and the remaining provisions will continue to be valid in full force and effect.