Terms and Conditions

Malley’s Safety Supply Terms and Conditions

1.  Acceptance
   Orders from a customer (”Customer”)are subject to acceptance by Malley’s Safety Supply LLC. (”MSS”)at its executive office only. Acceptance by the Customer of any goods from MSS will constitute acceptance of these terms and conditions. No terms and conditions appearing in the Customer order that are in variance with or contrary to MSS‘s terms and conditions will be binding upon MSS unless specifically agreed to in a writing signed by MSS.
2.  Amendments, Reschedule, Additional Quantities
   These terms and conditions may be amended only by a subsequent writing that specifically refers to these terms and conditions and that is signed by both parties. All the terms herein will apply to additional quantities of Products ordered by the Customer, except to the extent those additional quantities are covered by a new written signed agreement.
3.  Confidentiality
   Notwithstanding anything in this Agreement to the contrary, the pricing and terms of this Agreement will be proprietary and confidential to MSS, and Customer and each Customer will not disclose such pricing and terms without the prior written consent from MSS. MSS will have the right to share any Confidential Information (as defined in Section 3.2 below) with its affiliate companies.

3.1. Not with standing anything in this Agreement to the contrary, the pricing and terms of this Agreement will be proprietary and confidential to MSS, and Customer and each Customer will not disclose such pricing and terms without the prior written consent from MSS. MSS will have the right to share any Confidential Information (as defined in Section 3.2 below) with its affiliate companies.

3.2. Return of Confidential Information. The Recipient will return to the Discloser, and destroy or erase all of the Discloser‘s Confidential Information in tangible form, upon the expiration or termination of this Agreement, and the Recipient will promptly certify in writing to the Discloser that it has done so. The Recipient may retain one (1) copy of Confidential Information for its legal archives, provided that such Confidential Information will remain subject to the provisions of this Agreement unless and until the Confidential Information is returned to the Discloser. For purposes of this Agreement, (i) the “Recipient” means the party receiving the Confidential information from the Discloser; (ii) the “Discloser” means the party disclosing the Confidential information to the Recipient; and (iii) “Confidential Information” means non-public information relating to the Discloser‘s business, including technical, marketing, financial, personnel, planning, medical records and other information that is marked confidential or which the Recipient should reasonably know to be confidential given the nature of the information and the circumstance of disclosure, including the information set forth in Section 3.1 above. Notwithstanding the foregoing, Customer acknowledges that MSS will provide information and reports to GPOs, Suppliers, and other third parties relating to Buyer‘s purchases from MSS. Customer hereby waives any rights of confidentiality with respect to such information to the extent necessary to allow Seller to provide such information to GPOs, Suppliers, and other third parties.

4.  Payment
   Below are the following accepted payment methods and terms.

4.1. Invoiced credit line. The applicant agrees to invoices being dated as of the date of the shipment, and unless otherwise agreed in writing, are payable on an open account net thirty (30) days basis from the date of invoice. Applicant agrees to pay interest on past due accounts at the rate of four (4.0%) per month or the highest rate permitted by law together with attorneys’ fees and all other costs and expenses incurred by Malley’s Safety Supply in collection of such accounts.  Interest of (4.0%) will be charged to the original order total plus any interest already assessed. All payments will be made in United States dollars and may be made by check, wire transfer, Visa, MasterCard, Discover or American Express.  If past due amounts are paid by credit card, the customer will also be responsible for paying any credit card fees. A Twenty-Five Dollar ($25.00) fee will be assessed for each returned check. MSS may suspend shipment of Products to Customers who are not creditworthy or whose accounts are past due, at no liability to MSS. The customer is responsible for all federal, state or local sales, use or excise tax imposed with respect to the Products.

4.2. Credit card purchases will be processed before items ship. Sorry but this insures the card is current, the bill to address is correct, and there are no issues with payment method. It also allows us a head start on resolving any payment method issues that might arise. Accepted credit cards are Visa, Mastercard, American Express, and Discover.

4.3. Paypal payments are accepted.  Orders will not ship until Paypal payment has been finalized and cleared.

4.4. Wire Transfer payments are accepted.  Orders will not ship until wire transfer payment has been finalized and cleared.  $30.00 fee will be assessed to order via wire transfers.

5.  Delivery and Associated Charges
   MSS will use its reasonable efforts to deliver Products on or before the estimated delivery date but will not be liable in damages or otherwise for failure to do so, regardless of the cause. All backordered items will be shipped immediately upon receipt from a Supplier. MSS reserves the right to cancel any item from Customer order if the item is not received within thirty (30) days from the date of the backorder. MSS has the sole right to select the form of transportation. Shipment of Products per routine order to Customer and subsequent backorders related to the original shipment will be shipped FOB Destination, except for drop shipments, which will be shipped in accordance with the supplier‘s shipping policies. The cost of shipment, if any, will be paid by MSS and added to the Customer invoice. Any freight charges for special handling or for shipments involving export sales are the responsibility of Customer and will be added to Customer invoice. Shipping charges are subject to change without notice. Customer will pay all shipping charges on special order drop shipments. Large equipment is shipped to Customer dock. Additional charges will be applied for lift gate service, inside delivery, or set up.  Free shipping is shipped by USPS at the cheapest rate.  Periodically shipments meet all specifications to ship USPS Priority which include a small shipment insurance.  Customers take full responsibility for selecting/using USPS shipping methods.  If goods are lost or damaged MSS will not be responsible.  If the shipment option selected has insurance, MSS will work to recover the insurance’s maximum refund amount available then pass to customer if applicable.   UPS available upon request some additional charges may apply.  Shipments that do not qualify for insurance, customers are fully responsible for risk associated.  Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland USA and subject to any delays resulting from shipping delays or for uncontrollable forces which we will not be responsible.

5.1. Drop Shipments. Drop shipped items will be shipped directly from the Supplier. Since delivery times may vary, please ask MSS representatives for details when placing an order.

5.2. Refrigerated Shipments. Any item requiring refrigeration may be shipped separately from the rest of an order. Items are shipped on ice Monday through Wednesday only and will arrive in two (2) business days. Add Seven Dollars and Ninety-Five Cents ($7.95) per order to cover additional handling. Refrigerated items cannot be returned.

5.3. Hazardous Materials. The Department of Transportation has determined that shipment of hazardous materials requires special handling. Hazardous material charges will be the responsibility of the Customer and will be added to the Customer invoice. Please see important information in the Returns Section.

5.4. Licensure/DEA License Required. In order to ship prescription drugs and devices and other controlled substances to a Customer, a copy of the Customer current medical and DEA License must be on file with MSS.

6.  Force Majeure
   Except for the obligation to pay money, a party will not be liable to the other party for any failure or delay in performance caused by fires, shortage of materials or transportation, government acts, acts of terrorism, or any other matters beyond the first party‘s reasonable control, and such failure or delay will not constitute a material breach of this Agreement.
7.  Governing Law; Consent to Jurisdiction
   These terms and conditions are governed by the laws of the State of Connecticut, U.S.A. (without regard to its conflicts of laws). The United Nations Convention on Contracts for the International Sale of Goods will not apply to these terms and conditions and the sale of the Products hereunder. Customer hereby consents to the jurisdiction of the federal and state courts located in the State of Connecticut in connection with any dispute that may arise hereunder, and Customer herby waives any objections it may have to the jurisdiction or venue of the Connecticut courts.
8.  Government Contracts
   Unless specifically notified and agreed to in writing by MSS, MSS will not be bound by the terms of any government contracts to which Customer may be a party.
9.  Limitation of Actions
   No action, regardless of form, arising out of these terms and conditions may be commenced more than one (1) year after the cause of action has occurred, except an action for nonpayment.
10.   Limitation of Liability
    In no event will mss be liable to customer under, in connection with, or related to this agreement for any incidental, special, punitive, indirect, or consequential damages whether or not mss is advised of the possibilities of those damages whether based on beach of contract, warranty, tort, product liability, or otherwise (including lost profits) from any cause. mss‘s liability on any claim for loss, cost, damage, expense or other liability arising out of or connected with these terms and conditions, or any obligation resulting therefrom, or the manufacture, sale, delivery, resale, repair, service, or use of any product (including, but not limited to, loss liability arising from breach of contract) will in no case exceed the price of such products involved in such claim.
11. Medicare Records
    To the extent 42 U.S.C. Section 1395 x(v)(1)(I) and 42 C.F.R. Subpart C of Part 405, 42 C.F.R. Subpart D of Part 420, or 42 C.F.R. Subpart B of Part 455 apply to this Agreement, MSS will maintain records of all purchases made by Customer for a period of four (4) years and will make same available for inspection by the Secretary of Health and Human Services or the Controller General of the United States, or their duly authorized representatives, upon request
12.   Patent Infringement
    In the event any Product hereby sold is used by Customer in a manner causing unauthorized patent infringement, Customer will hold harmless and indemnify MSS as to any and all damages and costs for which MSS may become liable because charged with contributing to or inducing such infringement.
13.   Product Changes
    Factors beyond MSS‘s control and the need for continuing improvements of Products requires changes in Products from time to time. MSS reserves the right to make reasonable changes to Products of any kind without notice, and to deliver revised versions of such Products against any order, unless this right is specifically waived by it in writing. MSS will have no responsibility whatsoever with respect to the changes made by the Supplier of Products sold by, but not manufactured by, MSS and Customer acknowledges that such Products are subject to change at any time and from time to time. Due to Supplier price increases or decreases or other events outside of MSS‘s reasonable control, pricing is subject to change without prior notification. MSS Reserves the right on backordered products to cancel such products off orders.  Revised receipts are sent to customers when such change occurs.
14.   Reporting of Discounts, Rebates or Other Price Reduction Programs
    customer will be responsible for reporting all prices, discounts, and rebates to reimbursing agencies to the extent required by law or regulation, including medicare and medicaid, and other entities, maintaining records thereof, and providing information to reimbursing agencies, in accordance with all applicable laws. any price reductions or discount programs described in the invoice are intended to be a discount within the meaning of applicable federal and state anti-kickback laws, including, 42 u.s.c. 1320a-7b(b) and the discount safe harbor promulgated thereunder and currently found at 42 c.f.r. 1001.952(h). customer understands that the invoice may not reflect the net cost of a product due to a rebate or other discount program. customer represents and warrants that it will satisfy any and all requirements imposed on buyers, including when required by law, the requirement to accurately report, or make available upon request by a federal or state health care program, the net cost actually paid by such customer for the products and services covered by the invoice. for purposes of cost reporting requirements under a federal or state program which provides cost based reimbursement, customer understands that any such discounts, including rebates, should be properly allocated on a unit basis so as to report a net sale price that accurately reflects the total amount of the discount received. customer may request information from mss in order to meet customer reporting or disclosure obligations by contacting mss in writing at the following address: 40173 brice creek rd, dorena or 974343
15. Resale of Products
    Customer hereby certifies that it is purchasing Products from MSS for its own use and will not resell or redistribute Products. A breach of this Section 15 will be deemed a material breach.
16. Shipping & Return Policy
    
    MSS current Return Good Policy is as follows:

• Please note no returns will be accepted or refunded if the following are not met. You may return most new, unopened items within (30 days) of delivery. However, all discrepancies must be reported within (10 days) of receiving to be considered a valid returnable order/item. We’ll also pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.).  Items that are not returnable would include the following items: special order items, items that have been marked or engraved, broken packaging, items not sent back in original packaging, customized items, any sterile product that has been opened, items purchased for resale, items determined not to be in resalable condition.   Any products returned are subject to a 20% restocking fee.  Return authorization are valid for (15 days) after the date they are issued. If the order returned has free shipping customer will be responsible for the charges and will not be refunded. Unauthorized returns that are accepted for refund are subject to higher restocking fee and any other expense to get item to right shipping facility.
• Damaged Goods. All deliveries should be inspected for shipping damage before accepting delivery. If damage has occurred, Customer should note the extent of the damage on the freight bill and contact MSS immediately. Claims for loss or damage in transit must be entered and prosecuted by Customer. MSS‘s responsibility for loss or damage of Product to be returned to MSS ceases when the Products are accepted by the carrier. In no event will MSS be held liable for any damages or expenses caused by delay in delivery.
• Inspection/Returns; Shortages. Customer will have (10) daysfrom the date of delivery to inspect the Products and to reject any or all Products which are defective or nonconforming. Products rejected may be promptly returned to MSS. In no event will MSS consider claims for damage or errors in shipment unless notice of such claims are transmitted to MSS within (10) days after receipt of the allegedly damaged goods together with documentation substantiating the claim and unless made with the freight carrier in accordance with such carrier‘s policies and procedures. All return freight charges for Products that are deemed to be not defective or nonconforming are the responsibility of the Customer.
• All pharmaceutical Product returns must be requested by Customer and approved by MSS‘s Customer Service Department within seven (7) days of date of invoice and such pharmaceutical Product must be returned to MSS within fifteen (15) days of such request and accompanied by a signed Prescription Drug Return Form.
• All over the counter and prescription medications that do not meet date requirements must be reported within five (5) days of receipt and will then be verified through warehouse for stocked merchandise dating.
• Controlled Substances
• Diagnostic Test Kits
• Discontinued Products
• Drop Shipped or Special-Order Products shipped from Supplier
• Expired Products
• Hazardous/ORM Materials ­ call for details
• Items Shipped on Ice or Dry Ice
• Opened or Defaced Products
• Used Instruments
• Oxygen Tanks
• Exclusive Remedy. As Customer’s exclusive remedy for any defect or nonconformity in the Product (referred to hereinafter as “Affected Products”), MSS will, in its sole discretion, either: (i) replace the Affected Product containing such defect or nonconformity; (ii) refund the price paid by Customer for the Affected Products; or (iii) credit the Customer‘s accounts for the amount paid by Customer for the Affected Product. In furtherance of such undertaking, if Customer reasonably believes that any Product contains a defect or nonconformity for which MSS is responsible, Customer will inform MSS of the nature of such defect or nonconformity in reasonable detail and will request authorization from MSS to return the Affected Products to MSS or MSS‘s source for repair or replacement. All Products returned will be shipped as authorized, postage prepaid to MSS’s facility, or such other source specified by MSS.

ITEMS NOT AVAILABLE OR OUT OF STOCK:
Due to worldwide shortages and logistic issues any items on your order that are not available or in stock will be removed from your order and not charged to you automatically. You can contact a representative if you would like to be placed on a list that will auto ship this product when it becomes available via Phone: 541-946-1664 Email: malleyssafetysupply@outlook.com

Shipping

Orders typically ship within 48 hours of being placed. Special items may take longer. Overnight & Special shipping orders will be processed and shipped as soon as possible. If we are temporarily out of stock, items will be back-ordered and shipped upon receipt if requested.  Most of our shipping facilities are on the east coast which have a deadline for priority shipping at 1PM PST.  Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland USA and subject to any delays resulting from shipping delays or for uncontrollable forces which we will not be responsible.

We can ship to virtually any address in the world. There are restrictions on some products, and some products cannot be shipped to international destinations.  Shipping rates for many items we sell are weight-based. Some weights can be found on its details page, but not all products have a weight if they are drop-shipped. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound.

Shipments Lost, Damaged, or Stolen in transit: If you wish to purchase shipping insurance call 541-946-1664 or email malleyssafetysupply@outlook.com. Shipments Lost, Damaged, or Stolen in transit customers take full responsibility for shipping methods. If goods are lost, stolen or damaged in transit MSS will not be responsible. If the shipment option selected has insurance, MSS will work to recover the insurances maximum refund amount available then pass to customer if applicable. Since our system is unable to offer insurance at checkout it’s the responsibility of the customer to call MSS and purchase insurance for order shipment.

Free Shipping

• Free shipping applies to orders at the time of checkout if applicable.
• Free shipping applies only to orders being shipped to the 48 states of the continental United States
• Free shipping is shipped by USPS at the cheapest rate.  Periodically shipments meet all specifications to ship USPS Priority which include a small shipment insurance.   UPS available upon request some additional charges may apply.  Shipments that do not qualify for insurance, customers are fully responsible for risk associated.

Exceptions to the Free Shipping policy:

• All orders with special shipping requests (i.e. Next Day Air, etc.)
• Orders for resale
• Large or overweight products
• Orders that need to be shipped via freight or that need to be refrigerated.
• Alaska & Hawaii excluded. (Only for 48 states of the continental United States)

International Shipping: Customers are responsible for paying import duty/tariff charges.   If a customer refuses to pay import duty/tariff charges for the shipment to the carrier then the order will be abandoned by the shipper and no refunds will be provided to the customer from MSS or the shipper.

17. 17.  Time for Bringing Action
        Any action of any kind arising out of or in any way connected with this Agreement, other than collection of outstanding payment obligations, must be commenced within one (1) year upon which the cause of action accrued.
    18.   Warranty
        except for mss brand products, mss makes no representation or warranty of any kind, express or implied, as to the merchantability of any products or their fitness for any particular use or purpose. customers will look to the manufacturer of products and the provider of services (if other than mss) for any warranty thereon. no agent, employee, or representative of mss has any authority to make any affirmation, representation, or warranty concerning products not set forth in this agreement. customers will not hold mss liable for any defect in products or services, regardless of kind. customer and customer agrees to file solely with manufacturer of the products or provider of services (if other than mss) any claim or lawsuit alleging loss, injury, damage, or death arising out of or caused by the use, sale, distribution, or possession of products or services. with respect to mss brand products, mss warrants, solely for the benefit of customer for a period of twelve (12) months from the date of purchase by customer, that such mss-labeled products, will be free in material respects from defects in materials and workmanship (“mss brand warranty”). mss‘s obligation under this mss brand warranty is limited to the repair or replacement of, or refund for the affected product at mss‘s option. mss will have the sole right to specify the manner in which, and the person by whom, repair of a mss brand product is to be carried out. this mss brand warranty is subject to the following provisions:
        a. the defective mss brand product must be returned freight prepaid to mss in accordance with these terms and conditions and will, in the event of replacement, become the property of mss.
        b. this mss brand warranty does not include the costs of removal of the defective mss brand product.
        c. this mss brand warranty is expressly contingent (and will otherwise be void) upon use of the mss brand products strictly in accordance with any directions and information accompanying such mss brand products and without misuse, damage, alteration, or modification thereto, or if customer resells the mss brand product.
        d. the mss brand warranty is given by mss solely with respect to mss brand products.
    19. Special Offers
        No more than one special offer, coupon or discount can be used in any one order. Special offers, coupons or discounts can only be applied at time of order and may not be applied to any previous order. Buyer is hereby advised that he/she may be obligated to fully and accurately disclose the amount of any discounts, rebates or other price reductions in cost reports or claims for reimbursement by buyer to Medicare or other health care programs requiring such disclosures. Prices and products are subject to change without notice.

Terms and conditions are subject to change without prior notice. MSS is not responsible for typographical errors.