ADSupplies Standard Sales Terms and Conditions

Updated: June 29, 2019

Sales Policy

  1. Prices

Prices listed are wholesale, do not include shipping, handling fees, taxes, and/or duties, and are subject to correction or change without notice. Market sensitive commodity products will be priced according to current market conditions.

  1. Sales Tax

ADSupplies charges sales tax on shipments made to the following states: Illinois.

  1. Payment and Credit Terms

ADSupplies accepts cash, company checks, Visa, MasterCard, Discover, American Express and PayPal. For customers with established ADSupplies credit, payment terms are net thirty (30) days from the date of shipment or pick‑up. All credit extended by ADSupplies to customer, and the limits of such credit, is at ADSupplies’s sole discretion, and may be reduced or revoked by ADSupplies at any time, for any reason. ADSupplies reserves the right to charge a convenience fee for late payments. ADSupplies further reserves the right to charge customer a late payment fee at the rate of one and one‑half percent (1‑1/2%) of the amount due for each month or portion thereof that the amount due remains unpaid, or such lesser amount as may be permitted under applicable law. Anticipation and cash discounts are not allowed. All payments must be made in U.S. dollars. ADSupplies shall have the right of set‑off and deduction for any sums owed by customer to ADSupplies.

If customer fails to make payment within thirty (30) days of shipment or pick‑up, or fails to comply with ADSupplies’s credit terms, or fails to supply adequate assurance of full performance to ADSupplies within a reasonable time after requested by ADSupplies (such time as specified in ADSupplies’s request), ADSupplies may defer shipments until such payment or compliance is made, require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys’ fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order.

Customer agrees to assume responsibility for, and customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by customer, its subsidiaries and affiliates. Each of customer’s subsidiaries and affiliates purchasing from ADSupplies will be jointly and severally liable for purchases with customer, and customer is also acting as agent for such subsidiaries and affiliates.

Credit Balance. Customer agrees that any credit balance(s) issued by ADSupplies will be applied to customer’s account within one (1) year of its issuance. IF CUSTOMER HAS NOT APPLIED FOR OR REQUESTED THE CREDIT WITHIN ONE (1) YEAR, ANY REMAINING CREDIT BALANCE(S) WILL BE SUBJECT TO CANCELLATION, AND ADSUPPLIES SHALL HAVE NO FURTHER LIABILITY.

  1. ADSupplies Reserves the Right to Accept or Reject Any Order
  2. Note to Federal Customers

ADSupplies products are not offered through a GSA scheduled contract.

  1. All Items Are Sold for Domestic Consumption in the United States

If exported, purchaser assumes full responsibility for compliance with US export controls.

Shipping Policy

A shipping and handling fee is charged on orders and shipped to one address within the continental United States., . ADSupplies does not ship to PO Box addresses.

UPS & FedEx are our primary parcel carrier and we use a variety of carriers for LTL shipments.

Title and risk of loss pass to customer upon tender of shipment to carrier.

 

Shipping Policy Exceptions

Not all products qualify for the above Shipping Policy. Additionally, standard shipping rates will apply for all orders to Alaska and Hawaii. Any charges incurred for hazardous materials or other special handling by the carrier must be paid by the customer. Fuel surcharges may be applied.

ADSupplies only accepts orders for shipments within the continental US, Alaska and Hawaii. Orders to international destinations will not be processed. ADSupplies does not ship to PO Box addresses.

 

Expedited Shipping Rules

  • To qualify for expedited shipping, ADSupplies must receive your order before 2pm (CST) Monday–Friday. ADSupplies does not offer Saturday delivery. All expedited orders must weigh less than 150 lbs, and not contain any hazardous materials. Expedited orders only ship on business days; any orders placed on Saturdays/Sundays/Holidays will be processed on the next business day. If you have any questions please call our customer service department at (888) 606-DRUM

 (888) 606-3786.

 

Return Policy, Limited Warranty and Limitation of Liability

  1. 30-Day Satisfaction Guarantee

If you are not satisfied for any reason products may be returned within 30 days of shipment for a full credit or exchange (provided the product is undamaged). Return documentation should clearly specify credit or exchange. Certain restrictions apply. www.ADSupplies.com for more information.

  1. Business Customers’ Limited Warranty

ADSupplies warrants any product purchased for use in business or resale against defects in workmanship or materials under normal use for a period of one year from the date of purchase. Any product determined by ADSupplies to be defective in material or workmanship and returned to ADSupplies shipping costs prepaid will, at ADSupplies option, be repaired or replaced or the purchase price refunded.

  1. Warranty Disclaimer and Limitation of Liability

DISCLAIMER AND LIMITATIONS. ALL OTHER WARRANTIES TO ANY BUSINESS CUSTOMER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ARE SPECIFICALLY DISCLAIMED, EXCEPT WHERE PROHIBITED BY STATE LAW. 

LIMITATION OF LIABILITY. ADSUPPLIES EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. ADSUPPLIES’ LIABILITY IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.

  1. Manufacturer’s Warranty
  • For information on a specific manufacturer’s warranty, please contact ADSupplies at (888) 606-DRUM. (888) 606-3786.

 

  1. Product Compliance and Suitability.

Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. ADSupplies does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does ADSupplies accept responsibility for construction, installation and/or use of a product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.

  1. Cross-Reference Information

Product cross‑reference comparisons do not imply that products are available or perfectly comparable. CROSS‑REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Customer shall review all cross‑referenced product specifications prior to purchase and use to determine suitability of the product for customer’s intended use.

Product Information

  1. Catalog/Website Information

Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to any ADSupplies catalog, literature or websites does not constitute the right to purchase products. ADSupplies reserves the right to revise publishing errors in its catalogs or any of its websites.

Despite our efforts, occasional pricing errors may occur in the ADSupplies catalogs and websites. ADSupplies reserves the right to cancel any and all orders resulting from such pricing errors, even if customer has received an order confirmation from ADSupplies.

  1. Product Substitution

Products (and country of origin) may be substituted and may not be identical to catalog or website published descriptions and/or images.

  1. Occupational Safety and Health Administration (“OSHA”) Hazardous Substance

Material Safety Data Sheets (“MSDS”) for OSHA defined hazardous substances are prepared and supplied by the manufacturers. ADSUPPLIES MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE RECOMMENDATIONS IN ANY MSDS. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT.

  1. California Proposition 65

Proposition 65. For products denoted with a  symbol the following warnings apply:

  1. WARNING:This product can expose you to chemicals that are known to the State of California to cause cancer. For a complete list of chemicals or more information go to P65Warnings.ca.gov.
  2. WARNING:This product can expose you to chemicals that are known to the State of California to cause birth defects or other reproductive harm. For a complete list of chemicals or more information go to P65Warnings.ca.gov.
  3. WARNING:This product can expose you to chemicals that are known to the State of California to cause cancer and birth defects or other reproductive harm. For a complete list of chemicals or more information go to P65Warnings.ca.gov.
  4. WARNING: For more information and a complete list of chemicals go to www.P65Warnings.ca.gov.
  5. WARNING:Reproductive Harm. For more information and a complete list of chemicals go to P65Warnings.ca.gov.
  6. WARNING:Cancer and Reproductive Harm. For more information and a complete list of chemicals go to P65Warnings.ca.gov.
  7. MSDS

MSDS information is available upon request by calling 855‑BUY‑ADSUPPLIES (855‑289‑9676).

  1. California, Louisiana, Maryland and Vermont Customers

Regulations in CA, LA, MD and VT prohibit the introduction into commerce of any solder, flux, pipe, pipe or plumbing fitting, or fixture intended to convey or dispense water for human consumption that is not “lead free”. The maximum allowable lead content is 0.25 percent lead in wetted surfaces of pipes, pipe fittings, and plumbing fittings and fixtures, as determined by a weighted average. The maximum allowable lead content is 0.2 percent lead in solder and flux.

  1. Product Compliance and Suitability.

Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. ADSupplies does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does ADSupplies accept responsibility for construction, installation and/or use of a product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.

  1. Conflict Minerals Policy Statement

Introduction: As many supply chain participants and others have acknowledged publicly, the Dodd-Frank Act1 created a new expectation for product manufacturers, which may be far removed from the source of the raw minerals in their products.

ADSupplies is not a manufacturer. It distributes hundreds of thousands of branded and “value branded” products that are manufactured by thousands of other companies located around the world.

ADSupplies is committed to acting in a socially and environmentally responsible manner, to supporting the objectives of the Dodd-Frank Act, to meeting its customer commitments, and to supporting its customers’ businesses.

Because of the complexity of many supply chains, especially those of distributors like ADSupplies, and the lack of an established system for product manufacturers to track Conflict Minerals back to their source, the joint efforts over an extended period by many governments, industry groups, and companies will be required to make it possible to effectively trace Conflict Minerals back to their source.

This document sets forth the policy of ADSupplies regarding Conflict Minerals.

Overview: As a responsible company, ADSupplies supports the goal of the Dodd-Frank Act of preventing armed groups in the Democratic Republic of the Congo and adjoining countries from benefitting from the sourcing of Conflict Minerals from that region.

As a distributor of hundreds of thousands of branded and “value branded” products manufactured by thousands of other companies located around the world, ADSupplies is invariably many levels away from the beginning of the supply chain for the products it distributes.

This Policy shows ADSupplies’s commitment and its expectations for the manufacturers of products ADSupplies distributes regarding actions to address Conflict Minerals.

Our commitment: Not continue to source any product that contains Conflict Minerals if ADSupplies determines the product is not DRC Conflict Free and the manufacturer fails to implement reasonable steps to transition to DRC Conflict Free sources.2

  • 12 Products are “DRC Conflict Free” if they contain only Conflict Minerals that did not originate in the DRC or an adjoining country, are from recycled or scrap sources, or have not benefitted the armed groups identified as perpetrators of the abuses that are the subject of the Dodd-Frank Act.

 

  • On July 21, 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law. The Dodd-Frank Act and related 2012 U.S. Securities and Exchange Commission rules require certain companies to disclose whether the products they manufacture or contract to manufacture contain Conflict Minerals necessary for the production or the functionality of the products that are sourced from mines in the Democratic Republic of the Congo or adjoining countries. Conflict Minerals are tantalum, tin, tungsten and gold.

Commitment to Responsible Sourcing: ADSupplies distributes thousands of branded and “value branded” products that are manufactured by thousands of other companies located around the world.

ADSupplies supports the humanitarian goals of the Dodd-Frank Act and encourages manufacturers of the products distributed by ADSupplies to adopt that same policy for their businesses.

As a distributor of products manufactured by other companies, ADSupplies does not directly purchase any raw Conflict Minerals from any source and is many levels removed from the mines, smelters, and refiners that produce the metals used in the products distributed by ADSupplies.

The supply chain for Conflict Minerals is complex and lacks an established structure for manufacturers to trace the minerals in the finished goods distributed by ADSupplies back to their source.

ADSupplies’s Expectations for Manufacturers: ADSupplies has the following expectations for the manufacturers of products ADSupplies distributes:

  • Manufacturers should develop Conflict Minerals policies, due diligence frameworks, and management systems that are designed to prevent Conflict Minerals that are not DRC Conflict Free from being included in the products distributed by ADSupplies; and
  • Manufacturers are expected to source Conflict Minerals only from sources that are DRC Conflict Free.

In doing so, manufacturers are expected to:

  • implement and communicate to their personnel and suppliers policies that are consistent with this Policy, and require their direct and indirect suppliers to do the same;
  • put in place procedures for the traceability of Conflict Minerals, working with their direct and indirect suppliers as applicable;
  • use reasonable efforts to source Conflict Minerals from smelters and refiners validated as being DRC Conflict Free, and require their direct and indirect suppliers to do the same;
  • provide information, in a timely manner, concerning whether the manufacturer has concluded or has a reasonable basis to believe that products distributed by ADSupplies are not DRC Conflict Free;
  • maintain reviewable business records supporting the source of Conflict Minerals; and
  • respond to requests for information concerning the origin of Conflict Minerals included in products distributed by ADSupplies, which ADSupplies shall be entitled to use or disclose in satisfying any legal or regulatory requirements or in any customer or marketing communications.

Manufacturers also are encouraged to support industry efforts to enhance traceability and responsible practices in Conflict Minerals supply chains.

Consequences of Manufacturer Non-Compliance ADSupplies reserves the right to evaluate the extent to which a manufacturer has failed to take adequate steps to manufacture DRC Conflict Free products.

In the event ADSupplies determines that a manufacturer’s Conflict Minerals efforts have been deficient ADSupplies may discontinue distribution of the manufacturer’s products.

Reporting Mechanism and Inquiries: Reports and inquiries regarding this Policy can be made as follows:

  • Email us at: support@adsupplies.net or Call us at: (888) 606-3786

 

Reports concerning matters relating to this Policy can be made anonymously and will fully be kept confidential  practicable and allowed by law.

We will not take any retaliatory action against anyone making a report in good faith.

Manufacturers are encouraged to contact support@adsupplies.net if they wish to seek guidance on the application of this Policy.

Conclusion ADSupplies fully understands the importance of this issue to its customers and is committed to supply chain initiatives and overall corporate social responsibility and sustainability efforts that work towards a DRC Conflict Free supply chain.

General Terms

  1. Intellectual Property

Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights reserved by ADSupplies, or any trademarks or service marks owned by suppliers to ADSupplies. All materials contained on the www.ADSupplies.com website are subject to the ownership rights of ADSupplies and its suppliers. Customer shall have no right to copy or use any of the intellectual property of ADSupplies or its suppliers without ADSupplies’s permission.

  1. Force Majeure

ADSupplies 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, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of ADSupplies in the conduct of its business.

  1. Assignment

Customer shall not assign any order, or any interest therein, without the prior written consent of ADSupplies. Any actual or attempted assignment without ADSupplies’s prior written consent shall entitle ADSupplies to cancel such order upon notice to customer.

  1. No Third Party Benefit

The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.

  1. Waiver, Choice of Law and Venue

The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non‑performance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Illinois, excluding its conflict of law rules, and venue shall either be in the state courts in Lake County, Illinois or the federal courts for the Northern District of Illinois.

  1. Severability

If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.

  1. Modification of Terms

ADSupplies’s acceptance of any order is subject to customer’s assent to all of the terms and conditions set forth herein. Customer’s assent to these terms and conditions shall be presumed from customer’s receipt of ADSupplies’s acknowledgment, or from customer’s acceptance of all or any part of the products ordered. No additions or modifications of ADSupplies’s terms and conditions by customer shall be binding upon ADSupplies, unless agreed to in writing by an authorized representative of ADSupplies. If a purchase order or other correspondence submitted by customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in ADSupplies’s acknowledgment, ADSupplies’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by customer, and will not constitute a waiver by ADSupplies of any of the terms and conditions contained herein or in ADSupplies’s acknowledgment.

  1. Complete Agreement

The terms and conditions in: (i) ADSupplies’s forms, (ii) acknowledgments, (iii) quotations, (iv) invoices, (v) websites, (vi) catalogs are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and ADSupplies.

ADSupplies.com Gift Certificate Terms and Conditions

These terms and conditions, together with the Frequently Asked Questions above, constitute the ADSupplies.com Gift Certificate Terms and Conditions. By purchasing or using a ADSupplies.com Gift Certificate, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change without notice.

General Terms

  1. The ADSupplies.com Gift Certificate can only be used online at ADSupplies.com or by phone order.
  2. A ADSupplies.com Gift Certificate cannot be used to purchase ADSupplies.com Gift Certificates.

Compliance with Law

By purchasing ADSupplies.com Gift Certificates, you are certifying and representing to ADSupplies Tools, Inc. and its affiliates that the activities in connection with which the ADSupplies.com Gift Certificates will be used and comply with these Terms and Conditions and all applicable laws, rules and regulations, including the terms and conditions that govern the ADSupplies.com website. In addition, you agree to defend and indemnify ADSupplies Tools, Inc. and its affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the ADSupplies.com Gift Certificates or violation of any of these Terms and Conditions.

ADSupplies Website Terms of Access

Updated: July 24, 2014

Please review these Terms of Access. All access to and use of this site and all websites (including mobile websites), applications, or other services on which these terms reside (collectively the “ADSupplies Property”), and the features at this ADSupplies Property, are subject to these Terms of Access (“Terms”). The ADSupplies Property is owned or controlled by ADSupplies Tools, Inc. and its parent company, subsidiaries, division, affiliates, and brands (“collectively ADSupplies”). By accessing this ADSupplies Property in any way, including, without limitation, browsing this ADSupplies Property, using any information, and/or submitting information to ADSupplies, you agree to and are bound by the terms, conditions, policies and notices contained here (the “Terms”), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Illinois law.

From time to time we may update this ADSupplies Property and these Terms. Your use of this ADSupplies Property after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. ADSupplies may, in its sole discretion, and at any time, discontinue this ADSupplies Property or any part thereof, with or without notice, or may prevent your use of this ADSupplies Property with or without notice to you. You agree that you do not have any rights in this ADSupplies Property and that ADSupplies will have no liability to you if this ADSupplies Property is discontinued or your ability to access the ADSupplies Property or any content you may have posted on the ADSupplies Property is terminated.

By accessing or linking to this ADSupplies Property, you assume the risk that the information on this ADSupplies Property may be incomplete, inaccurate, out of date or may not meet your needs and requirements. We may add, change, discontinue, remove or suspend any of the information, features and other content included in this ADSupplies Property at any time, without notice and without liability.

All information provided on this ADSupplies Property is subject to change without notice. While efforts have been made to make this ADSupplies Property helpful and accurate, due to the open nature of this ADSupplies Property, and the potential for errors in the storage and transmission of digital information, ADSupplies does not warrant the accuracy of information obtained from this ADSupplies Property.

Access and Use of ADSupplies Property

Access to this ADSupplies Property is limited to viewing the linked pages solely for legitimate business purposes, and subject to these Terms. Any access or attempt to access other areas of any ADSupplies computer system or other information contained on the system for any purposes is strictly prohibited.

ADSupplies Content

Content on this ADSupplies Property that is provided by ADSupplies or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“ADSupplies Content”) is the property of ADSupplies and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any ADSupplies Content located on the ADSupplies Property for use in any publications, in public performances, on websites other than this ADSupplies Property for any unpermitted commercial purpose, in connection with products or services that are not those of ADSupplies, in any other manner that is likely to cause confusion, that disparages or discredits ADSupplies and/or its licensors, that dilutes the strength of ADSupplies’s or its licensors’ intellectual property, or that otherwise infringes ADSupplies’s or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree to in no other way misuse any ADSupplies Content or User Content that appears on this ADSupplies Property.

Use of the ADSupplies Property and Posting Policy

The following requirements apply to your use the ADSupplies Property: (a) you will not use any electronic communication feature of the ADSupplies Property for any purpose that is unlawful, tortuous, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the ADSupplies Property for any commercial transactions that are unrelated to the purposes for which the ADSupplies Property was provided; (e) you will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

From time to time on certain areas of the ADSupplies Property you may be able to submit reviews and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by ADSupplies; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of ADSupplies, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the ADSupplies Property, or feature of the ADSupplies Property. You further understand and agree that you have no ownership rights in any account you may have with us or other access to the ADSupplies Property or features therein. ADSupplies may cancel your account and delete all User Content associated with your account at any time, and without notice, if ADSupplies deems that you have violated these Terms, the law, or for any other reason. ADSupplies assumes no liability for any information removed from our ADSupplies Property, and reserves the right to permanently restrict access to the ADSupplies Property or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the ADSupplies Property, you hereby grant to ADSupplies a limited, non‑exclusive, sub‑licensable, worldwide, fully‑paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the ADSupplies Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to ADSupplies or our initiatives (your "Ideas"). With respect to Ideas you acknowledge that: (a) ADSupplies receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that ADSupplies’s review of the Ideas is not an admission of novelty, priority or originality; and (b) ADSupplies’s use of any similar Ideas, whether based on your User Content, provided to ADSupplies by third parties, or independently developed or considered by ADSupplies, shall be without obligation to you.

Indemnification

You agree to indemnify and hold ADSupplies, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Posting Policy, or which arises from the use of User Content you submitted, posted, or otherwise provided to ADSupplies or this ADSupplies Property.

Representations and Limitations of Liability

ADSupplies makes no representations about the reliability of the features of this ADSupplies Property, the Content, User Content, or any other ADSupplies Property feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. ADSupplies makes no representations regarding the amount of time that any Content or User Content will be preserved.

ADSupplies does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by ADSupplies without the prior review and written approval of ADSupplies.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ADSUPPLIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL ADSUPPLIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ADSUPPLIES’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL ADSUPPLIES OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF ADSUPPLIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Cross Reference Information

Product cross‑reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are fully comparable. Please review specifications prior to purchase.

Hypertext Links

This ADSupplies Property may be linked to other sites which are not maintained by ADSupplies. ADSupplies is not responsible for the content of or Privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by ADSupplies of the linked sites. ADSupplies disclaims any liability for links: (i) from another site to the ADSupplies Property and (ii) to another site from the ADSupplies Property.

Miscellaneous

These Terms will be governed by and construed in accordance with the internal laws of Illinois without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Lake County, Illinois. These Terms operate to the fullest extent permissible by law. Accessing materials on this ADSupplies Property by certain persons in certain countries may not be lawful, and ADSupplies makes no representation that materials on this ADSupplies Property are appropriate or available for use in locations outside the United States. If you choose to access this ADSupplies Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

On certain areas of our ADSupplies Property, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices, which Policy applies to information you submit on this ADSupplies Property, and you hereby agree to the terms of that Policy.

If ADSupplies fails to act with respect to your breach or anyone else’s breach on any occasion, ADSupplies is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and ADSupplies, and is accepted by you upon your use of the ADSupplies Property. These Terms constitute the entire agreement between you and ADSupplies regarding the use of the ADSupplies Property. By using the ADSupplies Property you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

Contact Us

  • Phone: (888) 606-3786
  • Fax: (888) 606-3786
  • Monday - Friday: 7am - 8pm (CT)
  • Saturday: 8am - 5pm (CT)

 

unused condition except if approved for failure analysis/warranty evaluation by a American Drum Supplies Inc sales representative via a Return Material Authorization (RMA). Exchanges: Any item for exchange must be in new condition and in the original packaging. Exchanges must be requested within 30 days of ship date. Defective item(s) may be exchanged/returned for the same item. Items purchased from American Drum Supplies Inc that have been used or altered and any items that have been sold as NC/NR will not be accepted for exchange. Non-Cancelable and Non-Returnable Items: Products listed as NC/NR status (Non-cancelable and Non-Returnable) are identified on the Cart Page for web orders and via Order Acknowledgement for all other orders. Return Freight / Restocking Fee: American Drum Supplies Inc reserves the right to charge cancellation and restocking fees, at a minimum rate of 15% to be deducted from the Customer refund. American Drum Supplies Inc does not refund the original shipping and handling. Customer is responsible for all return freight charges. CDI does not accept COD shipments. Refunds: Upon receipt and inspection of returned item(s), CDI will advise of the refund status. In the case of factory warranty or failure analysis, American Drum Supplies Inc will issue any applicable credit pending manufacturer confirmation of failure. American Drum Supplies Inc initiates credits via the original method of payment within 48 hours of approval. Refunds via credit card can take up to 10 business days to post to the account. How to Return an Item: 1. Contact a American Drum Supplies Inc sales representative within 30 days of ship date of item(s) by calling our toll-free number at 1-800-777-7334 or by emailing support@Americandrumsupplies.com. 2. American Drum Supplies Inc will issue a Return Material Authorization (RMA) number. Once the RMA number is received, item must be returned within 14 days. American Drum Supplies Inc will provide the Customer with specific instructions on where to mail / return item(s) with the RMA number. In most cases returned items will be shipped to the American Drum Supplies Inc warehouse located at: Eagle Manufacturing Company 2400 Charles StreetWellsburg, West Virginia 26070 3. Include the signed RMA in the return package stating the reason for the return and the original receipt. Standard Terms and Conditions, Rev. 5 7. Limited Warranty: Seller will transfer to Buyer any Product warranties and indemnities authorized by the manufacturer, including any transferable warranties and indemnities for intellectual property infringement. Seller warrants to Buyer that Products purchased hereunder will conform to the applicable manufacturer’s specifications for such products and that any value- added work performed by Seller on such Products will conform to applicable Buyer’s specifications. If Seller breaches this warranty, Buyer’s remedy is limited to (at Seller’s election) (1) refund of Buyer’s purchase price for such Production (without interest), (2) repair of such Products, or (3) replacement of such Products; provided that such Products must be returned to Seller, along with acceptable evidence of purchase, within 20 days from date of delivery, transportation charges prepaid. No warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident or modification, or has been soldered. SAVE AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, SELLER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS. 8. Limitation of Liabilities: BUYER SHALL NOT BE ENTITLED TO, AND SELLER SHALL NOT BE LIABLE FOR, LOSS OF PROFITS OR REVENUE, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEADS, BUSINESS INTERRUPTION COST, LOSS OF DATA, REMOVAL OR REINSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF BUYERS, PUNITIVE DAMAGES, IPR INFRINGEMENT, LOSS OF CONTRACTS OR ORDERS OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE.
BUYER’S RECOVERY FROM SELLER FOR ANY CLAIM SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE AFFECTED PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHERIN CONTRACT, TORT, WARRANTY, OR OTHERWISE. BUYER WILL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY CLAIMS BASED ON (a) SELLER’S COMPLIANCE WITH BUYER’S DESIGNS, SPECIFICATIONS, OR INSTRUCTIONS, (b) MODIFICATION OF ANY PRODUCTS BY ANYONE OTHER THAN SELLER, or (c) USE IN COMBINATION WITH OTHER PRODUCTS. 9. Export Control: Buyer certifies that it will be the recipient of the Products to be delivered by Seller. Buyer understands that the associated hardware, software, and/or technical data (“products”) listed on their Purchase Order includes items that are governed by the U.S. Export Administration Regulations(“EAR”), by the U.S. Foreign Assets Control Regulations (“OFAC”) and the International Traffic in Arms Regulations (“ITAR”). The Buyer understands that its sale or distribution of said products may constitute exports or re-exports, and as such, must be in accordance with the requirements administered by Bureau of Industry and Security, Department of Treasury, and Department of State. It is understood that the country of ultimate destination, commodity classification, end-user, or end-use for any said products, could affect the applicable license requirements and exportability. The Buyer agrees to consult various resources, such as the EAR, ITAR, and OFAC, by the U.S. Department of Commerce’s Bureau of Industry and Security’s (“BIS”) Export Counseling Division, and other appropriate Government Sources to ensure that the sales and distribution of said products, is processed in accordance with all applicable laws. The Seller will not transfer any export-controlled products to a “non-U.S. Person” without the proper authority of the United States Government, and the buyer’s written approval. Standard Terms and Conditions, Rev. 5 10. Use of Products: Unless otherwise noted, Products sold by Seller are not designed, intended or authorized for use in life support, life sustaining, nuclear, or other applications in which the failure of such Products could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. If Buyer uses or sells the Products for use in any such applications: (1) Buyer acknowledges that such use or sale is at Buyer’s sole risk; (2) Buyer agrees that Seller and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) Buyer agrees to indemnify, defend and hold Seller and the manufacturer of the Products harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale. 11. Force Majeure: Seller is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond Seller’s reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing Seller from performance and barring remedies for non-performance. In an event of force majeure condition, the Seller’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting Seller to any liability or penalty. Seller may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to the Buyer. 12. Technical Assistance or Advice: If technical assistance or advice are offered or given to Buyer, such assistance or advice is given free of charge and only as an accommodation to Buyer. Seller shall not be held liable for the content or Buyer’s use of such technical assistance or advice nor shall any statement made by any of Seller’s representativesin connection with the Products or Services constitute a representation or warranty, express or implied. 13. General: (a) The laws of the State of Illinois will exclusively govern any
dispute between Seller and Buyer, (b) Buyer may not assign this Agreement without the prior written consent of Seller. Seller or its affiliates may perform the obligations under this Agreement. This Agreement is binding on successor and assigns, (c) Products, including software or other intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses.