// LEGAL
Terms of Service
Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and ESP Safety, operating under ESP Safety Equipment & Tools ("Company," "we," "us," or "our"), governing your access to and use of esprimesafety.com and all related services, products, and transactions.
By visiting our website, creating an account, or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms, you must immediately discontinue use of our website and services.
Eligibility
To use our website and purchase our products, you must meet the following requirements:
- Be at least 18 years of age or the age of majority in your jurisdiction
- Have the legal authority to enter into binding contracts
- Not be prohibited from purchasing our products under applicable federal, state, or local law
- Provide accurate, current, and complete information during registration and checkout
Our products — including power tools, construction equipment, safety gear, and industrial supplies — are intended for professional and commercial use by qualified individuals and businesses. We reserve the right to refuse service to anyone at our sole discretion.
Account Registration
You may browse our catalog without an account, but placing orders and accessing order history requires registration. When creating an account, you agree to:
- Provide accurate and truthful registration information
- Maintain the security of your password and not share account credentials
- Notify us immediately of any unauthorized access to your account at info@esprimesafety.com
- Accept responsibility for all activity that occurs under your account
We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or are inactive for an extended period without notice.
Products & Pricing
Product Descriptions
We make every effort to accurately describe our tools, hardware, and equipment, including specifications, compatibility, and intended use. However, we do not warrant that product descriptions, images, or other content are error-free, complete, or current. Product specifications are subject to change by manufacturers without notice.
Pricing & Availability
- All prices are listed in US Dollars (USD) and are subject to change without notice
- We reserve the right to correct pricing errors at any time, including after an order is placed
- Product availability is not guaranteed; items may be discontinued or temporarily out of stock
- Bulk and wholesale pricing is available for qualifying business accounts — contact us for a quote
- Promotional prices and discount codes are valid only for the specified period and cannot be combined unless explicitly stated
Sales Tax
Applicable sales tax will be calculated and added to your order total at checkout based on your shipping address and current state and local tax regulations. We collect sales tax in all states where we have nexus as required by law.
Orders & Payment
Placing an order constitutes an offer to purchase. We reserve the right to accept or decline any order for any reason, including but not limited to product unavailability, pricing errors, or suspected fraud.
- Order confirmation — you will receive an email confirmation upon successful order placement; this does not constitute acceptance of your order
- Order acceptance — your order is accepted when we ship the item(s) and send a shipping confirmation
- Payment methods — we accept major credit cards (Visa, Mastercard, American Express, Discover), Shop Pay, Apple Pay, Google Pay, and other methods displayed at checkout
- Payment security — all transactions are processed through PCI-DSS compliant payment processors; we do not store your full card details
- Order cancellation — orders may be cancelled before shipment; once shipped, our return policy applies
- Fraud prevention — we may require additional verification for high-value or suspicious orders and reserve the right to cancel such orders
Shipping & Delivery
- Shipping destinations — we ship within the contiguous United States; availability to Alaska, Hawaii, and US territories may vary by product
- Shipping carriers — we use UPS, FedEx, USPS, and third-party logistics providers depending on order size, weight, and destination
- Estimated delivery times — are provided at checkout and are estimates only; we are not liable for carrier delays, weather events, or other circumstances beyond our control
- Freight shipments — oversized equipment and bulk orders may ship via freight carrier; additional handling fees and delivery requirements may apply
- Risk of loss — title and risk of loss pass to you upon delivery to the carrier; we are not responsible for lost or damaged packages after handoff to the carrier
- Shipping address — you are responsible for providing an accurate shipping address; we are not liable for orders delivered to an incorrect address provided by you
For large equipment orders, please contact us at +1 (606) 715-1366 prior to ordering to confirm freight logistics and site delivery requirements.
Returns & Refunds
| Condition | Return Window | Refund Type |
|---|---|---|
| Unused, original packaging | 30 days from delivery | Full refund |
| Opened, unused | 30 days from delivery | Refund minus 15% restocking fee |
| Defective / damaged in transit | 7 days from delivery | Full refund or replacement |
| Used equipment | Not eligible | Warranty claim only |
| Special order / custom items | Not eligible | No refund |
To initiate a return, contact us at info@esprimesafety.com with your order number and reason for return. We will issue a Return Merchandise Authorization (RMA) number. Returns without an RMA will not be accepted. Return shipping costs are the responsibility of the customer unless the return is due to our error or a defective product.
Refunds are processed within 5–10 business days of receiving and inspecting the returned item. Refunds are issued to the original payment method.
Warranty
Products sold through ESP Safety may carry manufacturer warranties. We act as an authorized distributor for many brands and will assist in facilitating warranty claims where applicable.
- Manufacturer warranty — duration and coverage vary by brand and product; refer to the documentation included with your product
- Warranty claims — contact us at info@esprimesafety.com with proof of purchase and a description of the defect
- Warranty exclusions — warranties do not cover damage from misuse, improper installation, unauthorized modifications, normal wear and tear, or use outside of the product's rated specifications
- Commercial use — some manufacturer warranties are limited for commercial or heavy-duty use; verify warranty terms before purchase if this is a concern
ESP Safety is a 3M Platinum Distributor and authorized reseller for numerous professional tool and safety equipment brands. We stand behind the products we sell.
Intellectual Property
All content on esprimesafety.com — including but not limited to text, product descriptions, photographs, graphics, logos, icons, and software — is the property of ESP Safety or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
- You may not reproduce, distribute, modify, or create derivative works of any site content without our express written permission
- Product names, brand logos, and trademarks displayed on our site belong to their respective owners
- You are granted a limited, non-exclusive, non-transferable license to access and use the site for personal or internal business purchasing purposes only
- Scraping, data mining, or automated access to our site without written authorization is strictly prohibited
Prohibited Conduct
When using our website and services, you agree not to:
- Use the site for any unlawful purpose or in violation of any applicable regulations
- Attempt to gain unauthorized access to any portion of the site or its related systems
- Submit false, misleading, or fraudulent orders or account information
- Engage in chargebacks or payment disputes in bad faith
- Resell products purchased from us without prior written authorization for resale purposes
- Use our site to transmit spam, malware, or any harmful code
- Interfere with the proper functioning of the website or servers
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Purchase products for the purpose of circumventing export controls or sanctions
Violation of these prohibitions may result in immediate account termination, cancellation of pending orders, and referral to appropriate law enforcement authorities.
Disclaimers
As-Is Basis
THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components
- We do not warrant the accuracy, completeness, or timeliness of any product information, pricing, or availability
- Professional tools and construction equipment carry inherent risks; you are solely responsible for ensuring proper training, certification, and safe use of any equipment purchased
- We are not responsible for any injury, property damage, or loss resulting from improper use of products purchased from us
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESP SAFETY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, goodwill, or business opportunities
- Damages arising from your use of or inability to use the website or products
- Damages resulting from unauthorized access to or alteration of your data
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless, ESP Safety Equipment & Tools, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms of Service
- Your use or misuse of our products or website
- Your violation of any third-party rights, including intellectual property or privacy rights
- Any content you submit, post, or transmit through our website
- Your violation of any applicable law or regulation
Governing Law & Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
Dispute Resolution
- Informal resolution — before filing any formal claim, you agree to contact us at info@esprimesafety.com and attempt to resolve the dispute informally for at least 30 days
- Binding arbitration — if informal resolution fails, disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA), conducted in English
- Class action waiver — you waive any right to participate in a class action lawsuit or class-wide arbitration against us
- Exceptions — either party may seek injunctive or other equitable relief in a court of competent jurisdiction for intellectual property infringement or misappropriation
Changes to Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will:
- Update the "Effective Date" at the top of this page
- Post a notice on our website for at least 30 days
- Send an email notification to registered account holders for significant changes
Your continued use of our website or services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using our services.
Contact Us
For questions, concerns, or legal notices regarding these Terms of Service, please contact us through any of the following channels: