TERMS AND CONDITIONS
ACCEPTANCE OF CONTRACT TERMS
Scott Equipment provides certain website features and other products and services to you when you visit scotteq.com
or use Scott Equipment applications, software or services or when you receive or use any of Scott Equipment's printed catalogs
or purchase any product from Scott Equipment (each of the foregoing is singly a "Service" and collectively, the "Services").
By purchasing products or using any of the other Services, you agree that you have read, understood and agree to be bound by
all of the provisions set forth herein and the terms and conditions on any quotation, order acknowledgement, invoice or other
form you receive from Scott Equipment, all of which constitute a single agreement between you and Scott Equipment (collectively, the "Terms and Conditions").
The Terms and Conditions constitute the exclusive agreement between you and Scott Equipment with respect to the Services and the content accessed
through the Services (the "Content"); provided, however, that if you access the Services by a mobile application, that access shall also
be subject to the terms of the end user license agreement associated with the mobile application. To the extent of any conflict between
the Terms and Conditions and the end user license agreement for a mobile application, the Terms and Conditions shall govern. Our failure
to assert a right or insist upon compliance with any term or condition shall not constitute a waiver of that right or excuse any subsequent
noncompliance. If any provision of the Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from the remaining terms and shall not affect the validity and enforceability of any remaining provisions.
EFFECTIVE DATE AND CHANGES IN TERMS
The Terms and Conditions are effective as of the version date set forth at the end of the Terms and Conditions. We reserve the right to
change the Terms and Conditions at any time by providing notice to you, and your use after any change signifies your acceptance of the changed terms.
That notice may be given by making a revision to the Terms and Conditions and changing the version date shown below.
PURCHASES; PRICES; PAYMENT
Prices, title and risk of loss are F.O.B. Shipping Point. Published prices don't include taxes, duties or shipping and may be changed without notice.
Visa, MasterCard and American Express are accepted for orders. Credit card arrangements are subject to change. Open accounts are available on approval.
Payment is due in U.S. currency, payment on open accounts is due within 30 days of shipment, net 30 days. Payments on open accounts must be made via check
or wire transfer. Payments against open accounts made with credit cards will be subject to a processing fee of 3% of the open balance if the balance is more
than 10 days old. A late payment charge may be assessed on amounts past due at a rate to be determined by Scott Equipment, which shall not exceed the maximum
rate permitted by law. Buyer shall be liable for all expenses, including attorney fees, relating to the collection of past due amounts. To secure payment of
sums due, Scott Equipment may require the Buyer to grant to Scott Equipment a purchase money security interest in the goods purchased and in the proceeds
thereof. At Scott Equipment's request, the buyer shall sign financing statements and other documents necessary to perfect and continue the security interest.
If Scott Equipment in its sole judgement questions the Buyer's ability to pay for the goods, Scott Equipment may, at any time, require payment in full in
advance of delivery or manufacture of the goods. We reserve the right to correct typographic errors and reject or cancel orders. Applicable law may prevent
the sale of some products in your area.
Payments should include a remittance advice designating the invoices and other charges being paid. All payments are to be made to:
10800 Twin Lakes Pkwy.
Charlotte, NC 28269
Many of the products sold by Scott Equipment are made to order. Goods ordered by the buyer cannot be cancelled without approval from Scott Equipment.
At the sole discretion of Scott Equipment we may permit the buyer to cancel orders for goods which are not specially ordered or specially manufactured and
which have not been shipped. Additional fees and restocking charges may apply for cancelled goods.
Contact Scott Equipment for a written Return Authorization. If the product is eligible for return a written Return Authorization will be issued. Material returned
without the issuance of a Return Authorization will be refused. All returned merchandise is subject to a restocking charge unless otherwise waived in writing by Scott Equipment.
If your shipment appears damaged, don't pay the freight charges unless the damage is marked on the bill by the carrier. To return a product, contact Scott Equipment for a Return
Authorization send it to the nearest Scott Equipment location. We do not take title to returned items until the item arrives at our facility.
LIMITED PRODUCT WARRANTY
Our only warranty obligation is to replace any item proved defective in material or workmanship. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, ARE DISCLAIMED. Some states do not allow exclusions or limitations of implied warranties, so the foregoing
limitation may not apply to you and you may have additional rights.
Information about products is as provided by our supplier. We make no warranty or representation concerning that information and will have no liability therefor.
SOME PRODUCTS SOLD BY US CONTAIN INGREDIENTS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER AND BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM. UPON REQUEST, WE WILL FURNISH
YOU WITH MATERIAL SAFETY DATA SHEETS FOR HAZARDOUS SUBSTANCES AS DEFINED BY OSHA AND A LIST OF PRODUCTS OR SUBSTANCES KNOWN BY THE STATE OF CALIFORNIA TO CAUSE CANCER
OR REPRODUCTIVE HARM.
Items sold by us may not meet certain government procurement requirements (such as those imposed by the Buy American Act). Upon request, we will provide you with origin
information. If you require other information or have other special needs, please contact us.
SALES OR USE TAX YOU MAY OWE TO YOUR STATE
Scott Equipment collects sales tax, where appropriate, from customers in North Carolina and South Carolina. Each State is governed by specific requirements for sales/use tax.
NO OTHER REPRESENTATIONS OR WARRANTIES
WE MAKE NO REPRESENTATION OR WARRANTY THAT PRODUCTS OFFERED FOR SALE ARE LEGAL, AVAILABLE OR APPROPRIATE FOR YOUR PURPOSES OR FOR USE IN YOUR COUNTRY OR REGION.
YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LAWS GOVERNING YOUR USE OF THESE PRODUCTS. THE SERVICES AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES. YOU AGREE TO HOLD SCOTT EQUIPMENT
ARMLESS FROM, AND YOU COVENANT NOT TO SUE SCOTT EQUIPMENT FOR, ANY CLAIMS BASED ON USE OF THE SERVICES OR THE CONTENT.
LIMITATION OF LIABILITY AND REMEDY
UNDER NO CIRCUMSTANCES SHALL SCOTT EQUIPMENT BE LIABLE IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM YOUR PURCHASE OF ANY PRODUCTS FROM US OR ANY USE OF, OR THE INABILITY TO USE, ANY OF THE CONTENT OR ANY OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. Except to the extent otherwise explicitly provided in the Terms and Conditions, your only recourse with respect to claims related to purchased products is the
right to return the products and obtain a refund of the purchase price. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES OR CONTENT OR, WITH RESPECT TO A CLAIM RELATING TO ANY ONE OR MORE PRODUCTS
PURCHASED FROM US, THE PURCHASE PRICE OF THE PRODUCTS THAT GIVE RISE TO THE CLAIM. Some states do not allow the exclusion or limitation of incidental or consequential damages,
so the foregoing limitation or exclusion may not apply to you.
You warrant, represent and agree: (1) to comply with all laws; (2) that our sale and shipment of any product ordered by you will not, by export thereof, your legal status
or otherwise, cause us to violate any law; and (3) to indemnify us against any damages, losses and costs incurred from a failure by you to comply with any law or the Terms and
Conditions or from any unlawful use by anyone of any product ordered by you. To the extent the indemnification provisions in the Terms and Conditions are inconsistent with the
federal Anti-Deficiency Act, such provisions will be deemed to be inapplicable to any sale made by Scott Equipment to a government agency to which the Anti-Deficiency Act applies.
GRANT OF LIMITED USE LICENSE
Scott Equipment grants you a limited, nonexclusive, non-transferable license to access and use the Services and the Content only in accordance with and for the purposes set forth
in the Terms and Conditions. You do not have permission to access or use the Services or the Content in any way or for any purpose that involves a violation of the Terms and Conditions.
You may only use Scott Equipment's website, mobile applications, other electronic media authorized by Scott Equipment and Scott Equipment's printed catalogs to access the Content
of Scott Equipment. Scott Equipment retains the right to terminate your limited use license at will, at any time.
OWNERSHIP; SCOPE OF LICENSE
The Services and the Content are only for your use in deciding whether to purchase products from us and in purchasing products from us. All title, ownership and other rights
in and to the Services and Content are owned, or licensed from a third party, by Scott Equipment. Any unauthorized use, change of information or interference with the availability
of or access to or proper working of any part of the Services or the Content or security measures is prohibited.
DOWNLOADING; OTHER USE
Unless expressly permitted by us, any downloading, copying, mirroring, archiving, intercepting or redirecting of the Content is prohibited. Even if permitted by us,
downloading CAD models, software or any other information does not give you title or any other rights thereto. Redistribution, making a derivative work from and any other
commercial exploitation of any of the Content or Services are prohibited. Using scripts, bots, spiders, other indexing agents or any other device to copy any of the Content
is prohibited. The use of any technology or other means to hide your identity when using the Services is also prohibited. You agree you will impose only that load on Scott
Equipment's servers that is necessary for your use in deciding whether to purchase products from us and in purchasing products from us.
Scott Equipment reserves the right to regulate all content provided by third parties, but we are not responsible for that content. When participating in interactive portions
of the Services or the Content, you represent that you have the right to use any information or content you upload or post and agree to abide by the following rules:
(i) you will not provide infringing, defamatory, obscene, threatening, abusive, illegal or otherwise improper content; (ii) you will not upload viruses or harmful components;
(iii) you will not use the Services or the Content to further any unlawful purpose or to violate the rights of any person or entity; and (iv) you will not provide content for a
This policy is intended to help you understand how our company collects, uses and safeguards the information you provide through the Services. It does not apply to the use
or disclosure of information that is collected or obtained by us through other means. You are responsible for maintaining the confidentiality of your password and account and
for all activities that occur under your account. When you place an order for a product, we need to know your name, e- mail and mailing addresses, and your billing information
so that we can fill, confirm and ship your order, and notify you of your order status. Some of the Services may collect your IP address or domain name for administration purposes.
We may also request personal information from you if you submit comments to us through any of the Services. We don't rent, sell or otherwise distribute to others any information
about our customers, except that we may provide your personal information to companies engaged to deliver your order. We also reserve the right to disclose without notice to you
any information in our possession if we believe we are required to do so by law, to protect or defend our rights or property, or to respond to an emergency. While we endeavor to
use reasonable efforts to safeguard the confidentiality of your information, the Internet is not totally secure. Due to the possibility of transmission errors, hacking or other
unauthorized third party activities, we cannot guarantee that data related to the Services will remain secure. If we become aware of a security breach involving such data,
Scott Equipment will make all legally required disclosures, consistent with our ability to determine the scope of the breach, our need to restore the integrity of the system and
the needs of law enforcement. The Services are not intended for use by, and Scott Equipment does not intend to collect personal information from, children under 13 years of age.
Children under 13 years of age are directed not to use the Services, whether to submit personal information or otherwise. Some of the Services contain links to websites or other
content sources which are not under the control of Scott Equipment. We are not responsible for the privacy practices of any linked site or content source.
SECURITY AND COOKIES
The security of your information is important to us. When you use some of the Services, including by a mobile application, we can identify you in later visits by looking for
a cookie. A cookie is a small text file stored on your computer or mobile device. Cookies are commonly used to retain and speed the transfer of information for online services.
The file does not contain any personal information and cannot be used to harm or access information on your computer or mobile device. If for any reason you do not wish to take
advantage of cookies when accessing our website you can set your web browser to refuse to accept them. If you use the Services from a device that does not have your cookie or you
have deleted your cookie, you can retrieve your personal information by providing your e-mail address or user name. If you are coming from a different network than you have used
in the past, we will prompt you for your password so that we can verify your identity. Whenever we transmit your credit card information over the Internet, we use industry standard
Secure Socket Layer (SSL) encryption for all pages containing private information pertaining to your shipments. Your full credit card number is never displayed through electronic
Services. When you use a saved credit card, we only include the last four digits of the credit card number on the order page so that you can tell which credit card you used.
TRADEMARKS AND COPYRIGHTS
Scott Equipment Company, Inc.® is a registered trademark of Scott Equipment Company, Inc. Trademarks, brands and names identified with products sold through the Services are the
property of their respective owners, not Scott Equipment. Unless otherwise indicated, all Content is subject to a copyright owned by Scott Equipment Company, Inc. all rights reserved.
Except as expressly permitted by us, nothing in the Terms and Conditions confers any license in any property right, including without limitation any right in any trademark or copyright
of Scott Equipment or any third party. Please contact our Sales Department if you desire information to confirm any product certifications referenced in the Content.
JURISDICTION AND CHOICE OF LAW
The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of North Carolina applicable to contracts made and to be performed in North Carolina,
without giving effect to conflict of law principles, and applicable federal law. Any personal information submitted will be subject to North Carolina law, not those of any jurisdiction
outside of the United States. You irrevocably consent to the exclusive jurisdiction of the courts located in Charlotte, North Carolina in connection with any action arising out of or
related to the Terms and Conditions or the Services or the Content. Notwithstanding the foregoing, proceedings to enforce the result of any such adjudication may be brought in any
VERSION DATE: January 13, 2015