Terms & Conditions

Terms and Conditions

All purchases from NorthSky Supply Industrial Supply Inc ("NorthSky Supply") will be subject to these terms and conditions, except in instances where NorthSky Supply enters into a separate written contract for the sale and/or purchase of products and/or service with the buyer or customer (herein "Customer"), no other terms or conditions in any acceptance, confirmation, acknowledgment or invoice that are inconsistent with these terms and conditions shall apply.

NorthSky Supply reserves the right to revise these Terms of Purchase at any time.

Product Selection and Suitability

Most products offered by NorthSky Supply are obtained from multiple supply sources, located throughout the United States and internationally. Many states and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While NorthSky Supply attempts to assure that its goods or products (“Product”) comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the Product is installed or used. NorthSky Supply makes every reasonable attempt to ensure the quality of these supply sources and the Products they offer. As these Products are dynamic and versatile, NorthSky Supply shall not be responsible for how Products are used or installed and the Product's conformance to local or regional codes or regulations. The Customer is responsible for reviewing the Product materials and application, and relevant code, regulations or ordinances, to be certain that the Product, its installation, and use will satisfy these requirements. NorthSky Supply is an industrial supply distributor and the Products offered are being provided on this basis to businesses, governmental organizations, resellers and individuals for use in construction, manufacturing, maintenance, repair or industrial applications. In no event will NorthSky Supply be responsible for any loss or damage arising out of Customer’s improper selection, misapplication or misuse of a Product.

1 Year Limited Warranty

NorthSky Supply warrants, for a period of one (1) year after delivery, that all Products delivered to the Customer hereunder shall be free from any defects in material or workmanship and in conformity with any applicable specifications as specified by NorthSky Supply, unless otherwise stated. Such warranty only extends to Customer. Any Products determined to be defective in material or workmanship must be returned, with original invoice and/or RMA number to a NorthSky Supply designated authorized location, shipping costs to be prepaid by Customer, within the one-year warranty period. NorthSky Supply may, at its option: (a) repair, (b) replace, (c) replace with a similar product or (d) refund the amount paid by Customer. Except as set forth herein and where applicable, no warranty or affirmation of fact or description, express or implied, is made or authorized by NorthSky Supply. NorthSky Supply disclaims any express or implied warranties of merchantability, fitness for a particular purpose or noninfringement of intellectual property rights. NorthSky Supply also disclaims any liability for claims arising out of product misuse, improper product selection, improper installation, product modification, misrepair or misapplication. NorthSky Supply expressly disclaims any liability for consequential, incidental, special, indirect, exemplary, or punitive damages to the extent permissible.

3 Year Limited Warranty

For all products stating they come with a 3 Year Limited Warranty, NorthSky Supply warrants for a period of three (3) years after delivery, that products delivered to the Customer hereunder shall be free from any defects in material or workmanship and in conformity with any applicable specifications as specified by NorthSky Supply, unless otherwise stated. Such warranty only extends to Customer. Any products determined to be defective in material or workmanship must be returned, with original invoice and/or RMA number to a NorthSky Supply designated authorized location, shipping costs to be prepaid by Customer, within the three-year warranty period. NorthSky Supply may, at its option: (a) repair, (b) replace, (c) replace with a similar product or (d) refund the amount paid by Customer. Except as set forth herein and where applicable, no warranty or affirmation of fact or description, express or implied, is made or authorized by NorthSky Supply. NorthSky Supply disclaims any express or implied warranties of merchantability, fitness for a particular purpose or noninfringement of intellectual property rights. NorthSky Supply also disclaims any liability for claims arising out of product misuse, improper product selection, improper installation, product modification, misrepair or misapplication. NorthSky Supply expressly disclaims any liability for consequential, incidental, special, indirect, exemplary, or punitive damages to the extent permissible.

Limited Lifetime Warranty

For all products stating they come with a Limited Lifetime Warranty, NorthSky Supply warrants for as long as the original end-user owns the product, that products delivered to the Customer hereunder shall be free from any defects in material or workmanship and in conformity with any applicable specifications as specified by NorthSky Supply, unless otherwise stated. Such warranty only extends to original Customer. Any products determined to be defective in material or workmanship must be returned, with original invoice and/or RMA number to a NorthSky Supply designated authorized location, shipping costs to be prepaid by Customer. NorthSky Supply may, at its option: (a) repair, (b) replace, (c) replace with a similar product or (d) refund the amount paid by Customer. Except as set forth herein and where applicable, no warranty or affirmation of fact or description, express or implied, is made or authorized by NorthSky Supply. NorthSky Supply disclaims any express or implied warranties of merchantability, fitness for a particular purpose or noninfringement of intellectual property rights. NorthSky Supply also disclaims any liability for claims arising out of product misuse, improper product selection, improper installation, product modification, misrepair or misapplication. NorthSky Supply expressly disclaims any liability for consequential, incidental, special, indirect, exemplary, or punitive damages to the extent permissible.

Full Lifetime Warranty

For all products stating they come with a Full Lifetime Warranty, NorthSky Supply warrants for as long as the original end-user owns the product, that the product will work as intended and/or designed. Such warranty only extends to original Customer. No proof of purchase is required. Any products determined to be defective must be returned, with RMA number to a NorthSky Supply designated authorized location, shipping costs to be prepaid by Customer. NorthSky Supply may, at its option: (a) repair, (b) replace, (c) replace with a similar product or (d) refund the amount paid by Customer. Except as set forth herein and where applicable, no warranty or affirmation of fact or description, express or implied, is made or authorized by NorthSky Supply. NorthSky Supply disclaims any express or implied warranties of merchantability, fitness for a particular purpose or noninfringement of intellectual property rights. NorthSky Supply also disclaims any liability for claims arising out of product misuse, improper product selection, improper installation, product modification, misrepair or misapplication. NorthSky Supply expressly disclaims any liability for consequential, incidental, special, indirect, exemplary, or punitive damages to the extent permissible.

Limitation of Liability

In no event will NorthSky Supply be liable for any special, indirect, incidental, consequential, exemplary, or punitive damages in connection with or arising out of this purchase, even if damages were foreseeable or if NorthSky Supply has been notified of the possibility of such damages. NorthSky Supply’s aggregate liability for any claim arising out of or related to these terms cannot exceed the purchase price paid by customer for which such claims relate.

Cancellation and Returns

If for any reason, Customer is not satisfied with Product(s) purchased form NorthSky Supply, please contact us within 30 days of receipt. Proof of purchase from NorthSky is required for all returns. All returns must be shipped in original packaging, freight prepaid, unused and in saleable condition. NorthSky Supply reserves the right to refuse credit or charge a restock fee for damaged, used or un-saleable items. Returns beyond 30 days from receipt may be denied or charged a restocking fee. Shipping and handling charges are non-refundable. Any item marked “Final Sale” or “Custom” at the time of purchase will not be returnable.

Security Interest

Customer grants NorthSky Supply a first priority lien, purchase money security interest in the Products and any accounts receivable or cash from the resale of the Products until full payment is received. Customer agrees to file, and it permits and authorizes NorthSky Supply to file, any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of NorthSky Supply’s lien or security interest.

Published Product Information

NorthSky Supply reasonably attempts to maintain up-to-date and accurate pricing, availability and usage information about the Products contained in its catalogs, literature, and websites. However, this information is dependent upon information distributed by and obtained from the manufacturer or supplier and is subject to change at any time. NorthSky Supply reserves the right to revise catalog, literature or website information at any time, without notice, and NorthSky Supply will not be responsible for any pricing errors contained therein. Product cross-reference comparisons or product alternatives that are presented to a Customer do not imply that the product is available or is an exact comparable. Cross-referenced products are not represented or warranted as functional or performance equivalents. NorthSky Supply makes no warranties, express or implied, concerning the accuracy or completeness of the information contained in its catalogs, literature or websites.

OSHA Hazardous Substance Information

Safety Data Sheets ("SDS") for OSHA defined hazardous substances are supplied by the manufacturers and/or suppliers. NorthSky Supply 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 information in any SDS. Customer is solely responsible for any reliance on or use of any information, and for use or application of any product. To request an SDS: log on to NorthSkySupply.com and click on the "View the Safety Data Sheet" (SDS) for this item or email customerservice@northskysupply.com.

California Proposition 65

The State of California requires that certain warnings be given concerning products which contain chemicals subject to Proposition 65. Proposition 65 requires that products containing certain chemicals identified by the State of California as causing cancer, birth defects or other reproductive harm contain warnings. NorthSky Supply relies on the manufacturer regarding the hazardous chemicals in their products and we make no representations or warranties regarding the information provided by the manufacturer. Applicable Proposition 65 warning(s) are provided upon product purchase. Should you have any questions on whether a specific product contains a Prop 65 warning label, please contact customerservice@northskysupply.com.

Force Majeure

NorthSky Supply will not be liable or held responsible for any delays or losses resulting, directly or indirectly from Acts of God, severe weather conditions, labor disputes, governmental actions, inability to obtain permits, licenses, raw materials or shipments of Product, war, riots, shortages, pandemics and any other circumstances or causes beyond our reasonable control.

Governing Law

These Terms and Conditions shall be construed, interpreted and performed according to the laws, excluding conflict of law rules, of the State of Texas, United States of America. Except for non-payment of the purchase price for a Product by Customer, any legal action regarding a dispute must be filed and commenced within one year after it arises.

Miscellaneous

The relationship between NorthSky Supply and Customer shall be that of an independent contractor. If any of the provisions contained herein are deemed illegal or unenforceable, such determinations shall not affect the validity of the remaining terms and conditions and the remaining terms will continue in force and effect to the fullest extent permitted under applicable law.

Dispute Resolution

Actions by NorthSky Supply for non-payment by Customer of the purchase price of products sold by NorthSky Supply, or for redress of other breaches by Customer of these terms and conditions may be brought by NorthSky Supply, at its option, before any U.S. or foreign judicial court of competent jurisdiction. At NorthSky Supply’s option, disputes between Customer and NorthSky Supply, including all claims for non-performance by NorthSky Supply, shall be settled by arbitration in Montgomery County, Texas, U.S., in accordance with the Commercial Arbitration Rules ("Rules") of the American Arbitration Association, by a single arbitrator appointed in accordance with said Rules, applying these terms and conditions and consistent provisions of the federal and state laws (except conflict of law rules) of the State of Texas, U.S. The language of the arbitration shall be English.

Order Terms

All orders must be received with a cash payment or purchased through Visa, American Express or MasterCard. For approved Customers with established and acceptable credit, the terms of purchase are Net 30 days from date of shipment. All payments must be in U.S. Dollars. Any credit applied to the account of Customer must be used within one (1) year and any unused or unapplied credits remaining will be processed according to state law. If an open account Customer fails to make full payment within thirty 30 days from date of shipment, NorthSky Supply may defer any further shipments or other orders, or cancel any portion of an unshipped order. NorthSky Supply reserves the right to charge interest at the rate of 18% per annum (1.5% monthly) or at the highest rate available under applicable law, to any account balance exceeding the terms set forth herein. It is understood and agreed that Customer will pay, to the extent permitted under law, all reasonable costs and expenses, including attorney’s fees and costs incurred by NorthSky Supply in connection with any collection action for payment of the amounts due herein.

Sales Tax

Customer is responsible for payment of all applicable state and local taxes, or for providing NorthSky Supply with a valid sales tax exemption certificate. Customer shall indicate which Products are tax exempt when ordering.

Freight

For parcel shipments less than 50 lbs using standard ground shipping the fee structure will be:

$5 for orders less than or equal to $74.99

$0 for orders greater than $75.00

Orders shipped via truck, expedited freight and/or orders with oversized or hazardous items are not included with this offer.