Terms of Sale

The content on or accessible through ChainGuard.com and our affiliated domains (including, but not limited to) text, graphics and other materials, and services provided by Chain Guard Lubricants, such as search and external links to other web sites, are for informational purposes only.

All photos, images, or pictures of products on ChainGuard.com are solely for information purposes and may not be an exact replication of the related product available for sale.

All links to PDF documents; including Technical Data Sheets (TDS), Safety Data Sheets (SDS), Allergen Statements, and any other specification pages are true to the best of our knowledge. Chain Guard Lubricants does not claim responsibility for any of the information found on these bulletins, documents, literature, specification charts, etc.

Operation of industrial equipment can be hazardous resulting in bodily injury or equipment damage. Only qualified personnel should install, make system adjustments and perform any required services.

All components should be designed to meet local governing Safety codes; and equipment should be inspected by a local governing body or by an Authority Having Jurisdiction for the safe installation of any industrial components. ChainGuard does not warrant any designs of systems or equipment and is not responsible for equipment installations, or operation as a result of lubricant or other product purchased through ChainGuard.com or any of our affiliated websites. Equipment should maintain adequate lubrication intervals. Always follow a Tribologist or the original equipment manufacturer guidelines for recommended lubrication frequencies.

Information and content found on ChainGuard.com is not a substitute for professional advice on any matter, technical, engineering, or otherwise. Always seek the advice of a qualified or licensed professional on any matter that may affect your equipment or that of someone else. Never disregard or delay seeking professional advice because of information found on ChainGuard.com in whole or in part.

Technical information changes; often quickly. Over time equipment technology advances and ChainGuard.com does not verify the current accuracy of any information or content found on the web site. No part of any of the ChainGuard Lubricants websites and its content is regulated or evaluated by any regulatory agency, government or otherwise. Should you or anyone else be affected by any potentially dangerous equipment related issue, turn off the power supplies to your equipment, and call your local emergency and licensed professional service immediately.

Chain Guard, its Affiliates, employees, or its related web sites do not recommend or endorse any product found on the web site or other information that may be mentioned by the content found on the site. Content found on ChainGuard is provided "as is" and without any representations or warranties of any kind.

Reliance on any information found on the web site in whole or in part, is solely at your own risk.

Standard Terms & Conditions of Sale:

Goods and Services sold by Chain Guard Lubricants or its subsidiaries are subject to the sale terms and conditions set forth below. Any different or additional terms or conditions in Buyer’s purchase order, web site, email notification, or similar communication are objected by Chain Guard Lubricants and shall not be binding unless agreed to in writing by a Chain Guard Lubricants Corporate Officer. Buyer’s submission of internet, email, fax or telephone order, and/or payment of goods or services constitutes acceptance of Chain Guard Lubricants terms and conditions.

Price:

Prices in effect at time of ordering of goods or services from Chain Guard Lubricants shall prevail. All prices quoted by Chain Guard are subject to change without notice. Prices listed on Chain Guard at time of purchase, may not be representative of recent price changes that have yet to be changed on the website(s). Chain Guard Lubricants will honor posted prices when possible but solely at the discretion of Chain Guard Lubricants. Prices do not include any present or future sales and uses, excise, duties, shipments, value-added or similar taxes and, where applicable, such taxes shall be billed as a separate item and paid by Buyer.

Payment Terms:

All items must be paid in full prior to shipment. Payments made by credit cards may be accepted by Chain Guard. In the occasion that terms are extended to the buyer, a late payment charge of 2% per month (an annual percentage rate of 24%) shall be charged on all past due accounts and Buyer shall pay Chain Guard Lubricants or its subsidiaries all costs incurred by it in collecting any past due account from Buyer, including all court costs and attorney’s fees. However, if the foregoing charges exceed that rate which is the maximum permitted by law, then such charges shall be calculated to be the highest allowable lawful rate. The remittance portion of the invoice shall accompany payment.

Delivery:

Unless otherwise noted, all sales of goods are made ExWorks point of shipment, and, in all cases, title shall pass upon delivery to the carrier at point of shipment and thereafter all risk of loss or damage shall be upon Buyer. Delivery dates given in advance of actual shipment of goods or performance of services are estimates and shall not be deemed to represent fixed or guaranteed delivery dates. A standard shipping charge may be applied to each invoice for goods for material preparation, packaging, freight and/or any additional items associated with each shipment based on the value and/or weight of the shipment. Additional charges for local delivery, customs, government, duties, and others may also apply, and are the direct responsibility of the buyer.

Warranties:

Goods are sold only with such warranties as may be extended by the manufacturer of the product. Services performed by third parties are subject only to those warranties extended by such third parties. Chain
Guard Lubricants and its Affiliates MAKE NO WARRANTY AND ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE HEREBY EXCLUDED. Buyer is responsible for installation and use in accordance with manufacturer’s instructions or local body having jurisdiction; whichever is more stringent shall apply. Chain Guard Lubricants personnel are not authorized to alter this policy.

Limitation of liability:

Chain Guard Lubricants' liability on any claim for loss or damage arising out of this contract or from the performance or breach thereof or connected with any goods or services supplied hereunder, or the sale, resale, operation or use of goods, whether based on contract, warranty, tort (including negligence) or other grounds, shall not exceed the price allocable to such goods or services or part thereof involved in the claim, REGARDLESS OF CAUSE OR FAULT. This limitation of liability reflects a deliberate and bargained-for allocation of risks between Chain Guard Lubricants and Buyer and constitutes the basis of the parties’ bargain, without which Chain Guard Lubricants would not have agreed to the price or terms of this contract.

Chain Guard Lubricants shall not, under any circumstances, be liable for any labor charges without its prior written consent. Chain Guard Lubricants SHALL NOT, IN ANY EVENT BE LIABLE whether as a result of breach of contract, warranty, tort (including negligence) or other grounds FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES including, but not limited to, loss of profits or revenue, loss of use of goods or associated products, cost of capital, cost of substitute products, facilities or services, downtime costs, or claims of customers of Buyer for such damage. In addition, if Chain Guard Lubricants furnishes Buyer with advice or other assistance regarding any goods or services supplied hereunder, or any system or equipment in which any such goods may be installed, and which is not required pursuant to this contract, the furnishing of the advice or assistance will not subject Chain Guard Lubricants to any liability, whether based on contract, warranty, tort (including negligence) or other grounds.

Safety Data Sheet (“SDS”) & Allergen Statements

SDS documents and Allergen Statements for applicable products sold through the Chain Guard Lubricants are available online at ChainGuard.com. Unless requested, Chain Guard Lubricants will not furnish paper copies of SDS documents that are electronically available at www.ChainGuard.com.

ChainGuard will furnish paper copies of SDS documents for those products for which an SDS documents are not electronically available. Paper copies of SDS for all products are immediately available upon demand via facsimile or standard post.

Nuclear or Other Hazardous Activities:

Unless specifically agreed to in writing by an authorized representative of Chain Guard Lubricants or its Corporate Affiliates, goods sold hereunder are NOT intended for use in connection with any nuclear facility or any other hazardous activity such as military or commercial aircraft, space exploration, missile installation or other application where failure of a single component could cause substantial harm to persons or property.

If so used, Chain Guard Lubricants disclaims all liability for any nuclear damage, contamination or other damage or injury and Buyer shall indemnify and hold Chain Guard Lubricants harmless from such liability whether as a result of breach of contract, warranty, tort (including negligence) or other grounds. Chain Guard Lubricants, its affiliates, subsidiaries, and its suppliers shall not be liable to Buyer or its insurers based on contract, warranty, tort (including negligence) or other grounds for onsite damage to property located at a nuclear facility, or to a person(s) injured by damage resulting in use of any items sold by Chain Guard Lubricants.

Cancellation and Returns:

Buyer may cancel an order by mutual agreement based upon cancellation and/or re-stocking payment to Chain Guard Lubricants of reasonable and proper cancellation charges. Goods shall not be returned by Buyer without prior written authorization from Chain Guard Lubricants and payment by Buyer of a restocking charge of 25%.

Special order items are NOT subject to return.

As open containers may be considered contaminated, NO returns shall be accepted for open containers.

No returns will be considered following 40 days after delivery.

Force Majeure:

Chain Guard Lubricants shall not be liable for failure to deliver or for delay in delivery or performance due to issues;

a cause beyond its reasonable control
an act of God, act or omission of Buyer, act of civil or military authority, governmental priority or other allocation or control, fire, strike or other labor difficulty, riot or other civil disturbance, insolvency or other inability to perform by the manufacturer, delay in transportation, or
any other commercial impracticability.

If such a delay occurs, delivery or performance shall be extended for a period equal to the time lost by reason of delay.

Waiver and Choice of Law:

The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by the other party. All transactions shall be governed by the laws of the Province of Ontario, Canada, excluding conflict of law rules. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

General:

All orders are subject to acceptance by Chain Guard Lubricants. Any representation, affirmation of fact and course of dealing, promise or condition in connection therewith or usage of trade not incorporated herein, shall not be binding on either party. If any provision hereof shall be unenforceable, invalid or void for any reason, such provision shall be automatically voided and shall not be part of this agreement and the enforceability or validity of the remaining provisions shall not be affected thereby.