IRONCOMPANY.COM® USER AGREEMENT:

This page states the Terms and Conditions under which you may use www.ironcompany.com or its related subdomains. By using www.ironcompany.com or its related subdomains, you are indicating your agreement to be bound by these Terms and Conditions.

GOVERNING LAW & VENUE:

ANY DISPUTE ARISING PURSUANT TO CUSTOMER’S USE OF THE IRON COMPANY WEBSITE, THE ORDER OF ANY PRODUCT OR SERVICE FROM IRON COMPANY OR DISPUTES BETWEEN IRON COMPANY AND ITS PRODUCT OR SERVICE PROVIDERS WILL BE GOVERNED BY, CONSTRUED, AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS APPLICABLE TO AGREEMENTS EXECUTED, DELIVERED, AND PERFORMED IN DENTON COUNTY, TEXAS, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS RULES OR CHOICE OF LAWS RULES THEREOF. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO ANY PURCHASES OR TRANSACTIONS ENTERED INTO PURSUANT TO THIS AGREEMENT. VENUE FOR ANY ACTION ARISING PURSUANT TO ANY ORDER OR AGREEMENT BETWEEN CUSTOMER AND/OR SUPPLIER AND IRON COMPANY SHALL BE IN THE STATE OR FEDERAL COURTS APPLICABLE TO DENTON COUNTY, TEXAS.

CUSTOMER AND/OR SUPPLIERS HEREBY SUBMIT THEMSELVES TO THE EXCLUSIVE JURISDICTION OF SAID COURTS AND CONSENTS TO SERVICE OF PROCESS BY CONFIRMED FACSIMILE TRANSMISSION OR COMMERCIAL COURIER (WITH WRITTEN VERIFICATION OF RECEIPT RETURNED TO THE SENDER).

ATTORNEY FEES:

IN THE EVENT THAT THE SERVICES OF AN ATTORNEY ARE REQUIRED IN ORDER TO ENFORCE PAYMENT FOR GOODS OR SERVICES SOLD TO YOU, THEN ALL ACTUAL FEES AND COSTS SO INCURRED BY IRONCOMPANY.COM, LLC. SHALL BE PAID BY YOU (SAID FEES INCLUDING BUT NOT LIMITED TO FEES AND COSTS INCURRED FOR COLLECTION, LITIGATION, MEDIATION AND/OR ARBITRATION).

AGREEMENT TO TERMS OF SALE:

Any conflicting, inconsistent, or additional terms or conditions submitted with the order which are inconsistent with these terms and conditions are rejected and will not bind IronCompany.com LLC ("Iron Company") unless accepted in writing. Nor will such additional proposed terms or conditions be considered applicable to the sale or shipment of Iron Company products. Each order submitted by customer to Iron Company shall be considered an offer but shall not bind Iron Company unless and until such offer is accepted by Iron Company’s shipment of the products set forth on the order. Iron Company may refuse to accept any order for any reason and shall not be liable for claims of any nature resulting from Iron Company’s refusal to accept an order/offer.

PARTIAL ORDER SHIPMENTS:

Partial order shipments may be employed against a single purchase order for various reasons (order changes, short shipment, partial shipment, out-of-stock event, etc.), and partial shipments may be invoiced separately, resulting in more than one invoice against a single order. Invoices shall be payable in accordance with the payment terms set out therein.

RESTOCKING EXPENSES:

All expenses arising out of any change or cancellation of an order after acceptance by Iron Company, including the cost of diversion, cancellation or re-consignment of shipments, and any reasonable restocking charge, shall be paid by customer on demand or withheld from any applicable refund.

APPLICABLE SALES TAXES:

Iron Company’s listed prices do not include any sales, ad-valorem or similar taxes which Iron Company may be required to pay in connection with any order. The amount of any applicable present or future tax shall be billed to customer as an additional charge, unless Iron Company has been provided with a tax exemption certificate acceptable to the taxing authorities.

RISK OF LOSS:

Risk of loss for any products ordered shall pass upon delivery to the customer by the shipping carrier. If Iron Company pays any shipping, insurance or handling costs, (hereafter “Shipping and Handling”) such costs will be made known to customer at the time an order is placed and invoiced to customer. Customer agrees to pay any invoiced Shipping and Handling cost upon receipt of such invoice.

WARRANTIES:

Product purchased through the Iron Company website or applicable sub-domains, GSA Advantage website, Amazon.com, Iron Company sales representative, Iron Company distributor or any other Iron Company sales channel shall be warranted only to the extent of any applicable manufacturer’s warranty statement provided with such products, but not otherwise.

TO THE FULLEST EXTENT PERMITTED BY LAW, IRON COMPANY SPECIFICALLY EXCLUDES ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED (WHETHER BY STATUTE OR OTHERWISE), INCLUDING WITHOUT LIMITATION, CONDITIONS, REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, VALUE, CONDITION, QUALITY, CAPACITY, FITNESS OR SUITABILITY FOR ANY PURPOSE OR USE BY BUYER OR ITS CUSTOMERS.

COMMERCIAL RATED EQUIPMENT IS ALWAYS RECOMMENDED IN NON-RESIDENTIAL LOCATIONS FOR THE SAFETY OF ITS USERS. IF YOU ARE UNSURE OF THE QUALITY OR TYPE OF EQUIPMENT NEEDED FOR YOUR LOCATION AND APPLICATION, ALWAYS CONSULT WITH AN IRON COMPANY SALES REPRESENTATIVE FIRST BEFORE YOU PURCHASE.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL IRON COMPANY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND. IRON COMPANY'S MAXIMUM LIABILITY ARISING OUT OF A PRODUCT OR SERVICE SHALL NOT EXCEED THE AMOUNT PAID FOR SUCH PRODUCT OR SERVICE.