Terms of service
These Terms and Conditions (the “Terms”) govern all sales of products and services provided by Safe Pro Gear (“Safe Pro Gear,” “we,” “us,” or “our”) to the purchaser (“Customer,” “you,” or “your”). By placing an order, requesting a quote, or purchasing through our website or any sales channel, the Customer agrees to be bound by these Terms.
These Terms, together with any applicable quotes, sales orders, invoices, acknowledgments, or service agreements, constitute the complete and exclusive agreement between the parties and supersede all prior discussions, understandings, or representations, whether written or oral.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law provisions.
General Terms
1. Warranties
1.1. Manufacturer Warranties Only. Products sold by Safe Pro Gear are manufactured by third parties. Any warranties (express or implied) are provided solely by the applicable manufacturer, subject to the manufacturer’s terms and conditions.
1.2. No Warranty by Safe Pro Gear. Safe Pro Gear does not provide any independent warranties and disclaims all warranties to the fullest extent permitted by law, including any implied warranties of merchantability or fitness for a particular purpose.
1.3. Product Use and Compliance. The Customer is solely responsible for selecting products appropriate for the intended use and ensuring compliance with all applicable laws, regulations, and safety standards (including OSHA/ANSI or other local requirements where applicable).
2. Limited Remedy
2.1. Assistance with Claims. Upon written notice from the Customer and subject to manufacturer approval, Safe Pro Gear may assist in facilitating warranty claims or replacement requests in a commercially reasonable timeframe.
2.2. Inspection Requirement. The manufacturer and/or Safe Pro Gear may require the product to be returned to a designated facility for inspection before any action is taken. The determination of defect, replacement, repair, or other remedy shall be at the manufacturer’s sole discretion, unless otherwise required by law.
3. Limitation of Liability
3.1. No Indirect Damages. To the maximum extent permitted by law, Safe Pro Gear shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising out of or related to any products or services sold.
3.2. Liability Cap. To the maximum extent permitted by law, Safe Pro Gear’s total liability for any claim shall not exceed the amount paid by the Customer for the specific product(s) giving rise to the claim.
3.3. Force Majeure. Safe Pro Gear shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to natural disasters, pandemics, government restrictions, labor disputes, supply chain disruptions, carrier delays, or other force majeure events.
4. Indemnification
4.1. The Customer agrees to indemnify, defend, and hold harmless Safe Pro Gear and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, penalties, or expenses (including reasonable attorneys’ fees) arising out of or related to:
(a) misuse, improper installation, improper maintenance, or improper storage of any product;
(b) the Customer’s failure to comply with applicable laws, regulations, or safety standards; or
(c) the Customer’s negligence or willful misconduct.
5. Returns
5.1. Return Policy Controls. Returns are governed by our Return & Refund Policy in effect at the time of purchase and any applicable manufacturer return policies.
5.2. Return Authorization Required. No return will be accepted without prior written approval/authorization from Safe Pro Gear.
5.3. Condition of Returns. Unless otherwise agreed in writing, returned items must be new, unopened, in original packaging, and in resalable condition.
5.4. Restocking Fees & Shipping. Restocking fees may apply (up to 15%, or as otherwise stated). Unless the return is due to our error, the Customer is responsible for return shipping and any associated costs.
6. Order Cancellations and Refunds
6.1. Cancellation Requests. Cancellation requests must be submitted as soon as possible and are not effective unless confirmed by Safe Pro Gear in writing.
6.2. Shipped Orders. Once an order has shipped, it cannot be canceled. Any refund request must follow the return process and eligibility rules.
6.3. Custom / Made-to-Order Goods. Orders for customized goods, custom-engineered products, or items made to order are final, non-refundable, and non-cancelable once approved and/or once production has begun.
6.4. Artwork/Proof Approval. For customized items, once the Customer approves artwork, logo placement, proof, or final specifications, the order becomes final and cannot be modified or canceled.
7. Shipping, Delivery, and Risk of Loss
7.1. Carrier Selection. Products ship via third-party carriers. Shipping methods may be selected by the Customer when available or selected by Safe Pro Gear at its discretion.
7.2. Shipping Charges. Shipping and handling charges are the responsibility of the Customer unless expressly stated otherwise in writing (including any published promotional shipping offers, which may include exclusions).
7.3. FOB Shipping Point / Risk of Loss. All orders ship FOB shipping point. Title and risk of loss pass to the Customer upon delivery of the goods to the carrier. Safe Pro Gear is not responsible for loss, theft, or damage occurring in transit.
7.4. Inspection & Carrier Claims. The Customer must inspect shipments immediately upon receipt and file any damage or loss claims directly with the carrier. Safe Pro Gear may provide reasonable assistance but assumes no liability for carrier claims.
7.5. Estimated Delivery Dates. Delivery dates are estimates only and are not guaranteed. Safe Pro Gear is not liable for delays caused by carriers, weather, supply chain disruptions, or other causes beyond our control.
7.6. International Shipments. For international orders, the Customer is responsible for all duties, taxes, import permits, broker fees, and compliance with local regulations.
8. Gas Monitors / Detectors
8.1. Final Sale. Due to the sensitive nature of gas monitors/detectors, sensors, and related components, all sales are final. Gas monitors/detectors are excluded from exchange or return eligibility.
9. Hazardous Materials (Hazmat) Product Returns
9.1. Non-Returnable / Non-Refundable. Due to safety and regulatory requirements, all Hazmat products are non-returnable and non-refundable.
10. Pricing, Product Information, and Errors
10.1. Pricing/Availability Subject to Change. Prices, product availability, and specifications are subject to change without notice.
10.2. Errors and Corrections. If a product is listed with an incorrect price or description due to an error, Safe Pro Gear reserves the right to correct the error and cancel or refuse any order placed at the incorrect price or with incorrect information.
11. Payment Terms
11.1. Payment is due at the time of purchase unless otherwise agreed in writing. Safe Pro Gear may suspend fulfillment for nonpayment, payment review, or fraud prevention checks.
12. Contact Information
For questions about these Terms, order issues, returns, or shipping inquiries, contact us at:
Email: support@safeprogear.com