Conditions of Use

TERMS AND CONDITIONS
Prices: All prices are subject to change without notice. All sales will be based on current
prices at time of sale.

Terms of Payment: Visa, MasterCard and Discover cards are accepted for valid cards registered in the USA, Mexico and Canada. Purchase Orders once validated will be accepted on net 15 or net 30 terms on approved accounts.

Late Fees: A charge of 2% compounded every 30 days past due will be added to accounts 31 days past due from date of invoice.

Shipping Terms: All materials will be shipped FOB shipping point. UPS is our preferred carrier - some packages may be shipped via US Postal Service. All packages that exceed the weight or shipping sizes allowable through UPS will be shipped via a freight carrier that services your shipping location.
Freight will be allowed and pre-paid on approved accounts. Experiential Systems, Inc. reserves the right to ship by carrier of our choice. All shipping charges and fees including return fees are the responsibility of the client.


Warranty: Experiential Systems, Inc. guarantees its products against defective materials and workmanship at the time of shipment. Damage in transit is the responsibility of the carrier. Claims are subject to inspection by an authorized representative, and liability is limited to replacement of material or refund of purchase price. We cannot be responsible for labor charges and other consequential damages.

WARNING
Do not exceed the working load limit of any product. Do not use break strength data for design rating purposes. Use working load limit instead. Breaking strength is an average figure for samples that have been broken under laboratory conditions. These conditions can rarely be recreated in the real world.

Inspection - All fall protection components, hardware and systems shall be inspected before each use. This inspection shall include looking for: deformities, cracks, gouges, nicks, rust, distortion, elongation, or abrasion which may cause the product to fail under normal conditions.

Purchasers Responsibility - The purchaser is responsible for understanding the risks associated with the use of climbing, fall protection and rigging equipment purchased. This includes but is not limited to reading the manufacturer's documentation and using the product within the specifications provided by the manufacturer. Where specific manufacturer information is not provided the purchaser shall utilize the relevant industry standards, code or law for such uses (ex. ACCT, PRCA, ANSI, ASTM, ASSE, ASME, CWA, ACA, AEE). Some equipment and or the operation of completed systems may require third part training as per industry standards or state or provincial laws or codes (ex. ANSI, OSHA, Amusement Codes, zip line regulation, ropes course and aerial adventure park regulation, etc.).

 

Experiential Systems Inc. (E.S.I.)Web Site Terms and Conditions of Use
1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
2. Use License
a. Permission is granted to temporarily download one copy of the materials (information or software) on E.S.I.'s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on E.S.I.'s web site;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or "mirror" the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by E.S.I. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer
a. The materials on E.S.I.'s web site are provided "as is". E.S.I. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, E.S.I. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations
In no event shall E.S.I. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on E.S.I.'s Internet site, even if E.S.I. or a E.S.I. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on E.S.I.'s web site could include technical, typographical, or photographic errors. E.S.I. does not warrant that any of the materials on its web site are accurate, complete, or current. E.S.I. may make changes to the materials contained on its web site at any time without notice. E.S.I. does not, however, make any commitment to update the materials.
6. Links
E.S.I. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by E.S.I. of the site. Use of any such linked web site is at the user's own risk.
7. Site Terms of Use Modifications
E.S.I. may revise these terms of use for its web site at any time without notice.  By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. Governing Law
Any claim relating to E.S.I.'s web site shall be governed by the laws of the State of MICHIGAN without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
 

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