Terms and Conditions
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.varietyindustrialsupply.com website (the "Service") operated by Variety Industrial LLC. ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If there are any problems with your order, please know that we would be glad to help you, but you must contact us within the eligible return period. Please note that items can only be returned in the same condition they were sent. Items cannot be returned or refunded if they are changed, modified, or altered prior to return. We are unable to offer any warranty on our products. We are not an authorized dealer or distributor of any specific brand or manufacturer, therefore original manufacturer warranties do not apply. All items should be inspected, installed, and operated by a knowledgeable professional. All product serial numbers are logged prior to shipment in case of return.
Variety Industrial LLC is not an authorized dealer,
distributor, or affiliate of any manufacturer or brand name. This Website is not approved, endorsed, or sanctioned by any manufacturer or brand name. Original manufacturer warranties do not apply for items sold on the site. Variety Industrial sells new overstock surplus parts and used items. Any trademarks, logos, or brand names appearing on this website are the property of their owners. All items should be inspected and tested prior to use by the purchaser or end user. All items should be installed, inspected and maintained, and operated by a
licensed qualified professional. Some products may require the use of software or firmware which is not included. It is the responsibility of the customer to obtain and follow any end-user licensing or agreements.
Limitation of Liability
In no event shall Variety Industrial LLC or any of its subsidiaries or affiliates be liable for any indirect, special, incidental, punitive or consequential damages including but not limited to physical injury, loss of use, loss of data, loss of business or loss of profits to the extent permitted by law. In the event of any issue with a product that you have purchased through Variety Industrial, you agree that your sole remedy, if any, is from the manufacturer of such product. We are not affiliated with any certain brand or manufacturer and it is the end user's responsibility to inspect, test, install, use, or operate a part purchased from Variety Industrial. We make no claims as to performance or specifications. In the case we have provided details regarding specifications of an item, they are to be researched and verified by the purchaser / end user.
Product Disclaimers
Product specifications may reflect accepted industry terminology and standards that could vary from commonplace meanings or may reflect the manufacturers best estimates of power, capacity and other usage capabilities and limitations or may reflect the capabilities of a product only under specific circumstances. Product specifications are not independently tested by Variety Industrial. The items we sell are overstock surplus items and in some cases the products have been used. it is the end user's responsibility to test, inspect, and operate as or by a licensed, trained, qualified user. Parameters provided in datasheets and/or specifications may vary in different applications and performance may vary over time. Product specifications do not expand or otherwise modify these Sales Terms, including but not limited to the warranty. Our products are not designed for use in Aircraft, medical, life-saving, or life-sustaining applications or for any other application in which the failure of the product could result in personal injury or death.
Lost or Damaged Items in Transport
All shipping claims regarding lost packages or damage must be handled by the customer directly with the shipping carrier. Variety Industrial will assist where possible but the buyer is responsible to file claims and seek damages from the carrier.
Important Country of Origin Information
For certain items sold by Variety Industrial, the foreign country of origin information can change and what is displayed on varietyindustrialsupply.com or any other marketplace operated by Variety Industrial may not be accurate or consistent with manufacturer information at the time of order or shipment. For updated, accurate foreign country of origin data, it is recommended that you rely on product packaging or manufacturer information. With regard to product kits, country of origin may be undetermined as such kits contain multiple parts.
Components
The product you purchase contains components that may be used in accordance with industry standards.
Links To Other Web Sites
The service may employ the use of third-party services for the purpose of facilitating the hosting, displaying, sales, payment, and the completion of Purchases and Services. Please review the individual terms and privacy policy of each third-party service as Variety Industrial LLC has no control over, and assumes no responsibility for the privacy policies, terms, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Variety Industrial LLC or any of its directors, employees, partners, agents, suppliers, or affiliates shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Safety Data Sheet (SDS)
The Hazard Communication Standard (29 CFR 1910.1200(g)) requires that the chemical manufacturer, distributor, or importer provide a Safety Data Sheet ("SDS") for each hazardous chemical to downstream users to communicate information on these hazards. Employers shall have a SDS in the workplace for each hazardous chemical which they use. Each SDS includes information such as the properties of each chemical; the physical, health, and environmental health hazards; protective measures; and safety precautions for handling, storing, and transporting the chemical. Since each SDS is supplied by the chemical manufacturer/importer, Variety Industrial expressly relies on the evaluation of the chemical manufacturer/importer contained therein. Variety Industrial MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO YOU AND/OR ANY OTHER USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE INFORMATION IN ANY SDS.
Export Sales
You agree that you will not divert, use, export or re-export the products contrary to United States law. You expressly acknowledge and agree that you will not export, re-export, or provide the products to any entity or person within any country that is subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. You also expressly acknowledge and agree that it will not export, re-export, or provide the products to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department's list of Specially Designated Nationals or on the United States Commerce Department's Denied Persons List, Entity List, or Unverified List.
Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Variety Industrial LLC. The Service is protected by copyright, and other laws of both the United States and foreign countries.
Indemnification
You agree to defend, indemnify and hold harmless Variety Industrial LLC and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service.
Force Majeure
Variety Industrial 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, pandemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability or delays in procuring or shipping product or obtaining permits and licenses, inability in procuring supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Seagulls in the conduct of its business.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us by email at contact@varietyindustrialsupply.com