Terms & Conditions
Welcome to stellarindustrial.com. By accessing any areas of stellarindustrial.com, users ("Users") agree to be legally bound and to abide by the terms set forth below. stellarindustrial.com is owned and operated by Stellar Industrial Supply, Inc. Any references to stellarindustrial.com shall be deemed to refer to Stellar Industrial Supply and/or Stellar Industrial Supply, Inc., as applicable under the circumstances.
Terms Governing Sale
Any terms and conditions set forth in any purchase order or other document or any oral communication or written agreement which purports to be an addition to this Agreement which is inconsistent herewith shall not be binding upon Stellar Industrial Supply, Inc., unless made in writing and accepted by the signature of an authorized officer or manager of Stellar Industrial Supply, Inc. Any term or condition of sale contained in any document prepared by or received from User by Stellar Industrial Supply, Inc. relating to the goods sold under this Agreement which is inconsistent with any term or condition of this Agreement is hereby rejected by Stellar Industrial Supply, Inc. and shall have no effect unless approved in a separate writing by Stellar Industrial Supply, Inc. All orders are subject to prices and terms of the sale effective on the date of the shipment and are subject to change without notice. All price quotations, unless otherwise stated, expire 30 days from the original date of the quotation. Quoted prices do not include shipping fees or applicable taxes.
Disclaimer & Limitation of Liability
User expressly agrees that use of stellarindustrial.com is at User's sole risk. Neither Stellar Industrial Supply, Inc., nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that stellarindustrial.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of stellarindustrial.com, or as to the accuracy, reliability, or currency of any information, content, service or merchandise provided through stellarindustrial.com.
With respect to any claim against Stellar Industrial Supply, Inc. arising in any way from the sales of goods hereunder other than warranty claims, Stellar Industrial Supply, Inc.'s liability shall not exceed the purchase price of such goods. STELLAR INDUSTRIAL SUPPLY INC. SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, CONTINGENT, OR INCIDENTAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, BACK CHARGES. Stellar Industrial Supply, Inc. shall not be liable for damages of any kind resulting from any delay or failure to deliver or perform due to strikes, lockouts, or other labor difficulties, failure, or delay sources of supply, transportation difficulties, accidents, fires, acts of God, or any other cause of like or unlike nature beyond Stellar Industrial Supply, Inc. reasonable control.
All manufacturers' specifications, either contained in Stellar Industrial Supply, Inc.'s catalog, promotional literature or in any other document are subject to change without notice to User and without liability to Stellar Industrial Supply, Inc.
Written confirmation by User of telephone or other oral orders must be clearly marked "confirming" to avoid duplicate shipments. If this is not done and a duplicate shipment occurs, User's written confirmation shall be deemed to be a separate order subject to terms and conditions of this Agreement.
Any claim against Stellar Industrial Supply, Inc. other than warranty claims must be made in writing within ten (10) days after delivery and must state the factual basis for such claim. Failure to make any such claim within ten (10) days of receipt of shipment shall constitute acceptance of the goods and waiver of any and all claims with respect to such shipment. Subject to applicable law, User agrees that warranty claims shall be barred unless asserted by User by the commencement of an action within 12 months after delivery of the goods. All provisions of this Agreement relating to warranties, remedies and claims shall survive any termination of this Agreement however arising.
Stellar Industrial Supply, Inc. MAKES NO WARRANTY EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE, CONCERNING GOODS SOLD HEREUNDER. User's sole remedy with respect to defective goods purchased hereunder shall be limited to pursuing warranty claims against the manufacturer's of such goods. Stellar Industrial Supply, Inc. hereby assigns to User all rights and warranty claims that it may have against the manufacturers of goods sold by it hereunder. Stellar Industrial Supply, Inc. further agrees to use reasonable efforts to cooperate with the User to obtain from such manufacturers, in accordance with such manufacturers customary practices, the repair or replacement of any good that are defective in workmanship or material. With respect to goods modified by Stellar Industrial Supply, Inc., at User's request, Stellar Industrial Supply, Inc. shall have no liability whatsoever in the event that the manufacturer's warranties with respect to such goods are voided as a result of such modification.
Risk of Loss
If goods are shipped directly from a manufacturer or vendor other than Stellar Industrial Supply, Inc. to User's shipping address, the risk of loss of such goods in transit shall be on User and not on Stellar Industrial Supply, Inc. Otherwise, the risk of loss shall pass from Stellar Industrial Supply, Inc. to User upon (i) delivery to User's shipping address, if shipped by Stellar Industrial Supply, Inc.'s vehicle or (ii) delivery to a common carrier, if shipped by common carrier. When goods are shipped by common carrier User must make all claims for damages or losses in transit directly to such common carrier. User shall be obligated to pay the full amount of Stellar Industrial Supply, Inc.'s invoice in accordance with the payment terms stated therein or hereunder, despite damage in transit or any disputes with common carriers.
No Stellar Industrial Supply, Inc.. sales representative or other employee who is not an officer or manager of Stellar Industrial Supply, Inc.. shall have authority to change or waive any of the terms and conditions of this Agreement.
Waiver of Jury Trial
In the event of litigation relating to this Agreement or the goods sold hereunder, User hereby agrees, to the extent permitted by law, to waive any right that it may have to a jury trial on any and all issues that may be raised in such litigation.
Nothing contained herein shall be construed to limit or waive any right or remedy of Stellar Industrial Supply, Inc. under applicable federal, state, or local laws.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
Entire Agreement and Modification
This Agreement is intended by the parties hereto as a final expression of their agreement with respect to the subject matter hereof and is intended as a complete and exclusive statement of the terms and conditions of that agreement (any prior agreement being superseded by this Agreement and such prior agreements are hereafter null and void). This Agreement may not be modified, rescinded, or terminated orally, and no modification, revision, termination, or attempted waiver of any of the terms, provision, or conditions hereof (including this paragraph) shall be valid unless in writing, supported by consideration, and signed by the party against whom the same is sought to be enforced.
The laws of the State of Washington will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Washington and of the United States of America located in the State of Washington for any litigation arising out of or relating to use of or purchases made through stellarindustrial.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Washington Courts and agrees not to plead or claim in any Washington Court that such litigation brought therein has been brought in an inconvenient forum.