Selling Policy

Selling Prices.
All prices offered are net wholesale prices with trade discounts already deducted. Market Sensitive Commodity items will be priced according to current market conditions. Posted prices may change, but you will be notitified if the does accrue. We do bid pricing on quant y purchases.

Credit Balance on Accounts
Customer agrees that any credit balances issued will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND THE FIREHOUSE SHALL HAVE NO FURTHER LIABILITY.

Payment Terms
For customers with established credit, terms are net thirty (30) days from date of shipment. At the Firehouse option, export orders may be subject to special export payment terms and conditions. If credit is not established, please include payment with order or purchase through Visa, MasterCard, or American Express. Cash or anticipation discounts are not allowed. All payments must be in U.S. dollars. The Firehouse shall have the right of set-off and deduction for any sums owed. If customer fails to make payment within thirty days, The Firehouse may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped order.

THE FIREHOUSE LIMITED WARRANTY

LIMITED WARRANTY. ALL PRODUCTS SOLD ARE WARRANTED BY FIREHOUSE ONLY TO CUSTOMERS FOR RESALE OR FOR USE IN BUSINESS OR ORIGINAL EQUIPMENT MANUFACTURE, AGAINST DEFECTS IN WORKMANSHIP OR MATERIALS UNDER NORMAL USE FOR ONE YEAR AFTER DATE OF PURCHASE FROM FIREHOUSE, UNLESS OTHERWISE STATED. ANY PART WHICH IS DETERMINED BY THE FIREHOUSE TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP AND RETURNED TO A FIREHOUSE BRANCH OR AUTHORIZED SERVICE LOCATION, AS THE FIREHOUSE DESIGNATES, SHIPPING COSTS PREPAID, WILL BE, AS THE EXCLUSIVE REMEDY, REPAIRED OR REPLACED. AT THE FIREHOUSE OPTION.
WARRANTY DISCLAIMER. NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY STATEMENT ABOVE IS MADE OR AUTHORIZED BY THE FIREHOUSE. THE FIREHOUSE DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION OR MISAPPLICATION, AND ANY DESCRIPTION DOES NOT EXPRESS OR IMPLY A WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY. ANY LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED. FIREHOUSEINTERNATIONAL'S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED. THE PURCHASE PRICE PAID.

Promt Effort

FIREHOUSE will make a good faith effort for prompt correction or other adjustment with respect to any product, which proves to be defective within warranty period. Before returning any product, write or call the THE FIREHOUSE branch from which the product was purchased, giving date and number of original invoice, and describing defect.

Payment Terms
For customers with established credit, terms are net thirty (30) days from date of shipment. At the Firehouse option, export orders may be subject to special export payment terms and conditions. If credit is not established, please include payment with order or purchase through Visa, MasterCard, or American Express. Cash or anticipation discounts are not allowed. All payments must be in U.S. dollars. The Firehouse shall have the right of set-off and deduction for any sums owed. If customer fails to make payment within thirty days, The Firehouse may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped order.

Product Suitability
Many states and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While the Firehouse attempts to assure that its products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, please review the product application, and national and local codes and regulations, to be sure that the product, installation, and use will comply with them.

No Warranties to Consumers
The Firehouse makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.

OSHA Hazardous
Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances and a list of products known by the state of California to cause cancer or reproductive harm are available at your local the Firehouse branch, or by contacting Firehouse, 1100 W. Dimond Blvd, Anchorage, AK, 99515 U.S.A. The information and recommendations contained on the MSDS supplied by the manufacture is considered to be accurate and reliable. The Firehouse, however, makes no warranty with respect to the accuracy of the information or the suitability of the recommendations. The Firehouse disclaims any and all liability to any user.

Warranty Pass-Through
The Firehouse suppliers may extend to Firehouse certain Year 2000 warranty(s) and Firehouse, to the fullest extent permitted, hereby passes through to its customer such Equipment and/or Software manufacturer's Year 2000 warranty(s) provided to the Firehouse by it's suppliers of Equipment and/or Software. The Firehouse is extending to its customer all warranty(s) provided to it and cannot represent or warrant that products, which are not manufactured by it, will be Year 2000 compliant. This warranty pass-through will not replace, modify, or supercede the original Equipment warranty(s) provided by the manufacturers to the Firehouse and its customer. In addition, this warranty pass-through will not replace, modify, or supercede the Limited Warranty provided by the Firehouse to its customer.

Force Majeure
The Firehouse shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, labor disruptions, shortages, inability to procure product, supplies or raw materials, severe weather conditions, or any other circumstances or cause beyond the control of the Firehouse in the conduct of its business.

Cancellation
Any cancellation must be approved by the Firehouse, and/or may be subject to 20% restocking and other charges.

Assignment
Customer shall not assign any order or any interest therein without the prior written consent of the Firehouse. Any actual or attempted assignment without the Firehouse prior written consent shall entitle the Firehouse to cancel such order upon notice to customer.

Electronic Data Interchance
If the Firehouse and customer have mutually agreed to use an Electronic Data Interchange (EDI) system to facilitate purchase and sale transactions, customer agrees: that it will not contest (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. The Firehouse and customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use proper security procedures to protect EDI records from improper access. The business records maintained by the Firehouse regarding EDI purchases made by customer shall be controlling.

Materials of Trade
Customer represents that if it is purchasing goods as its "materials of trade" as defined in the Hazardous Materials Regulations in Title 49 of the Code of Federal Regulations, that the goods will be used in direct support of its business, which is not transportation, and that such goods shall not be resold or transported in a vehicle other than one owned by itself.

Modification of Terms
The Firehouse acceptance of any order is subject to customer's assent to all of the terms and conditions set forth in the Firehouse acknowledgment, and customer's assent to these terms and conditions shall be presumed from customer's receipt of the Firehouse acknowledgment, or from customer's acceptance of all or any part of the goods or services ordered. No addition or modification of terms and conditions shall be binding upon the Firehouse unless agreed to by the Firehouse in writing. If a purchase order or other correspondence contains terms or conditions contrary to the terms and conditions contained in the Firehouse acknowledgment, the Firehouse acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by the Firehouse of any of the terms and conditions contained in the Firehouse acknowledgment.

Complete Agreement
The terms and conditions in the Firehouse forms, acknowledgments, quotations, invoices, websites, and catalog sales terms and conditions are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and the Firehouse.

Materials of Trade
Customer represents that if it is purchasing goods as its "materials of trade" as defined in the Hazardous Materials Regulations in Title 49 of the Code of Federal Regulations, that the goods will be used in direct support of its business, which is not transportation, and that such goods shall not be resold or transported in a vehicle other than one owned by itself.

No Third Party Benefit
The provisions stated above are for the sole benefit of the parties hereto, confer no rights, benefits or claims upon any person or entity not a party here to.

EXPORT POLICY
Export Sales, Freight, and Warranty Terms and Conditions

ORDER ACCEPTANCE. Purchaser acknowledges that no order shall be deemed accepted unless and until it is verified and accepted by W.W. Firehouse International or its United States subsidiarie in a continental United States facility. Purchaser further consents that submission of its order shall subject Purchaser to the jurisdiction of the courts of the United States and the state of acceptance.

PRICES HEREIN. Prices are net wholesale prices and are subject to change without notice. Market sensitive commodity type products such as some tools and seasonal items , and certain comidity products are priced according to current market conditions. No discounts off the wholesale price will apply to these products.

PAYMENT POLICIES. Unless otherwise agreed, all export sales are made on condition that Purchaser make payment by cash in advance at the time of order, that Purchaser open an irrevocable letter of credit in favor of the Firehouse prior to shipment payable by sight draft drawn against such letter of credit, or that Purchaser establish satisfactory credit with Firehouse prior to shipment. For Purchasers with established credit, terms are net forty-five (45) days from date of shipment. At Firehouse option, certain export orders may be subject to special export payment terms and quotations. Cash or anticipation discounts are not allowed. All payments must be in U.S. dollars, and Firehouse shall have the right of set-off and deduction for all sums owed. If an open account customer fails to make full payment within forty-five (45) days from date of shipment, Firehouse may defer shipment of other orders, or cancel all or any part of any unshipped order until such payment is made.

FREIGHT TERMS

Unless varied herein, shipping terms are FCA (as defined by International Chamber of Commerce Terms in effect at the time of order acceptance) closest airport or port of exit from the Firehouse shipping warehouse, using local shipping point and routing of Firehouse choice. Freight is prepaid to such airport or port of exit. Other shipments are freight collect from any the Firehouse branch. Purchaser shall be responsible for obtaining insurance. At the Firehouse option, freight policy for certain export orders may be subject to special terms and conditions. If any item is back ordered on an order qualifying for freight payment, that item will be shipped prepaid as Buyer's exclusive remedy. Title and risk of loss shall pass to Purchaser on delivery to the international carrier in the United States provided that if payment has not been made at the time of shipment the firehouse shall retain title (but not risk of loss) until payment has been made. If product is damaged in transit, Purchaser must file claim exclusively with airline, carrier, vessel, and/or insurance company.

THE FIREHOSUE LIMITED WARRANTY. ALL PRODUCTS ARE WARRANTED BY THE FIREHOUSE ONLY TO PURCHASERS FOR RESALE OR FOR USE IN BUSINESS OR ORIGINAL EQUIPMENT MANUFACTURE AGAINST DEFECTS IN WORKMANSHIP OR MATERIALS UNDER NORMAL USE FOR ONE (1) YEAR AFTER DATE OF PURCHASE FROM FIREHOUSEINTERNATIONAL, UNLESS OTHERWISE STATED. ANY PART WHICH IS DETERMINED BY THE FIREHOUSE TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP AND RETURNED TO A FIREHOUSE BRANCH OR AUTHORIZED SERVICE LOCATION AS FIREHOUSE DESIGNATES, SHIPPING COSTS PREPAID, WILL BE, AS THE EXCLUSIVE REMEDY, REPAIRED OR REPLACED, AT THE FIREHOUSE'S OPTION.

WARRANTY DISCLAIMER. NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY STATEMENT ABOVE IS MADE OR AUTHORIZED BY THE FIREHOUSE. THE FIREHOUSE DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, INSTALLATION, OR MISAPPLICATION. ANY DESCRIPTION DOES NOT EXPRESS OR IMPLY A WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. THE FIREHOUSE MAKES NO WARRANTY AGAINST PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT.

LIMITATION OF LIABILITY. ANY LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED. THE FIREHOUSE'S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID.

PROMPT DISPOSITION. THE FIREHOUSE will make a good faith effort for prompt correction or other adjustment with respect to any product which proves to be defective within warranty period. Before returning any product, Purchaser agrees to write or call the THE FIREHOUSE branch or origin giving date and number of original invoice and describing the defect.

PRODUCT SUITABILITY. Many countries and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from location to location. While THE FIREHOUSE attempts to assure that its products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, Purchaser should review the product application and applicable codes and regulations to be sure that the product, installation, and use will comply with them.

CREDIT BALANCE. Purchaser agrees that any credit balances issued will be applied within one (1) year of its issuance. If not applied or requested within one (1) year, any balance remaining will be subject to cancellation and the Firehouse shall have no further liability.

NO WARRANTIES TO CONSUMERS.
THE FIREHOUSE makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act and Purchaser acknowledges that export sales are not covered by the Act.

FORCE MAJEURE. The Firehouse shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond the control of THE FIREHOUSE in the conduct of its business.

PURCHASE ORDER CANCELLATION. Any purchase order cancellation must be approved by THE FIREHOUSE and may be subject to 20% restocking and other charges, such as shipping costs .

SECURITY INTEREST. On any open account sale, Purchaser hereby grants to the Firehouse a priority lien, purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to the Firehouse. Purchaser agrees to file any financing statements or other appropriate documents with its governmental authorities to assure the validity, priority, and enforceability of the lien. Purchaser agrees to inform the Firehouse immediately if it intends to use any import financing or has or will be granting a lien or security interest on its inventory to any third party.

ASSIGNMENT.
Purchaser shall not assign any order or any interest therein without the written consent of the Firehouse. Any actual or attempted assignment without the Firehouse consent shall entitle the Firehouse to cancel such order upon notice to purchaser without liability to the Firehouse. The Firehouse shall have the right to assign or grant a security interest in accounts receivable arising from sales to Purchaser.

MODIFICATIONS OF TERMS. The Firehouse acceptance of any order is subject to Purchaser's assent to all of the terms and conditions set forth herein and in the Firehouse acknowledgement and invoice, and Purchaser's assent to such terms and conditions shall be presumed from Purchaser's receipt of the Firehouse acknowledgement and invoice, from delivery of the goods or from Purchaser's acceptance of all or any part of the goods or services ordered. All other contrary terms and conditions are expressly rejected, and no addition to or modifications of terms and conditions shall be binding upon THE FIREHOUSE unless agreed to by THE FIREHOUSE in writing.

TRADEMARKS AND COPYRIGHTS. Purchaser acknowledges that it has no right, title or interest in the trademarks or copyrights in the products and covenants that it will take no action to register or otherwise interfere with such rights of THE FIREHOUSE. Purchaser agrees that it will not copy the products sold to Purchaser or their packaging or trade dress.

COMPLETE AGREEMENT. The sales terms and conditions in the Firehouse forms, acknowledgements, quotations, invoices, catalog, web-site and dialog screens are incorporated herein by reference, and constitute the exclusive and entire agreement between Purchaser and the Firehouse. They are also applicable to electronic orders and purchases from the Firehouse web site and electronic catalogs.

COUNTRY OF IMPORTATION. Purchaser represents that it is purchasing products from the United States and importing them to the country specified in Purchaser's and THE FIREHOUSE'S documentation. Purchaser agrees that the products will be shipped to the specified destination in compliance with the laws of such destination and the United States, and that there will be no re-export or diversion from such specified destination. If requested by THE FIREHOUSE, Purchaser shall provide documentation satisfactory to THE FIREHOUSE verifying delivery at the designated country. Purchaser agrees to inform THE FIREHOUSE at the time of order of any NAFTA or other certificates of origin or other special documentation, packaging or product marking or labeling and FIREHOUSE shall not be responsible for providing any such documentation, packaging, marking or labeling unless THE FIREHOUSE expressly agrees.

EXPORT AND IMPORT LICENSES, CONTROLS, PERMITS AND FREIGHT FORWARDER.
Not withstanding 5 above, and unless expressly agreed, Purchaser shall be responsible for obtaining and paying for any permits, licenses or other governmental authorization(s) necessary for the exportation from the U.S. or importation of the products to the designated country of importation, and it shall comply with all laws and regulations thereof. Purchaser shall select and pay the freight forwarder who shall solely be the Purchaser's agent. The freight forwarder's actions shall not be deemed authorized by, or binding upon The Firehouse unless expressly agreed to by THE FIREHOUSE. The Purchaser and its freight forwarder shall be solely responsible for preparing and filing the Shipper's Export Declaration. Purchaser represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons Lists. At the request of the Firehouse, Purchaser agrees to provide copies of any export, shipping or import documents prepared by Purchaser or its agents related to the Firehouse's sales to Purchaser.

FOREIGN CORRUPT PRACTICES ACT. Purchaser acknowledges that it is not the agent of the Firehouse and represents and warrants that it has not, and covenants that it will not, pay anything of value to any government employee in connection with the resale of the products.

INDEPENDENT CONTRACTORS. The Firehouse and Purchaser are independent contractors and not principal and agent. Purchaser is not authorized to, and shall not make any representations on behalf of, or which are binding upon the Firehouse.

GOVERNING LAW; LIMITATIONS.
These Terms and Conditions shall be construed, interpreted and performed exclusively according to the state and federal laws, excluding conflict of law rules of the State of Illinois, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of Illinois, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.

SEVERABILTY.
If any provision of these Terms and Conditions of Sale shall be deemed illegal or unenforceable, such illegality or UN enforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or UN enforceability shall destroy the underlying business purpose of these Terms and Conditions.

DISPUTE RESOLUTION.
Actions by the Firehouse for nonpayment by the Purchaser of the purchase price of products sold by The Firehouse, or for redress of other breaches by the Purchaser of these terms and conditions of sale, may be brought by the Firehouse, at its option, before any U.S. or foreign judicial court of competent jurisdiction. Or, at the Firehouse option, disputes between the Purchaser and the Firehouse including all claims for non-performance by the Firehouse, shall be finally settled by arbitration in Chicago, Illinois, U.S.A. under the Commercial Rules of the American Arbitration Association, by a single arbitrator appointed in accordance with said Rules applying these Terms and Conditions and consistent provisions of the federal and state laws (except conflict of law rules) of the State of Illinois, U.S.A.

OSHA HAZARDOUS SUBSTANCE & CALIFORNIA PROPOSITION 65 PRODUCT INFORMATION. Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances and a list of products known by the state of California to cause cancer or reproductive harm are available at your local Firehouse branch, or by contacting the Firehouse, 1100 W. Dimond Blvd, Anchorage, AK. 99515-1504 U.S.A. The information and recommendations contained on the MSDS supplied by the manufacture are considered to be accurate and reliable. The Firehouse, however, makes no warranty with respect to the accuracy of the information or the suitability of the recommendations. The Firehouse disclaims any and all liability to any user.

YEAR 2000-01 WARRANTY PASS-THROUGH. The Firehouse suppliers may extend to the Firehouse certain Year 2000 warranties and the Firehouse, to the fullest extent permitted, hereby passes through to its customer such Equipment and/or Software manufacturer's Year 2000 warranties provided to the Firehouse by it's suppliers of Equipment, supplies and/or Software. The Firehouse is extending to its customer all warranties provided it and cannot represent or warrant the products, which are not manufactured by it, will be Year 2000 compliant. This warranty pass-through will not replace, modify, or supercede the original Equipment warranties provided by the manufacturers to the Firehouse and its customer. In addition, this warranty pass-through will not replace, modify, or supercede the Limited Warranty provided by the Firehouse to its customer. The customer and/or the Manufacturer will be responsible for all shipping costs of warranty depending on what the manufacture mandates

NO THIRD PARTY BENEFIT. The provisions stated above are for the sole benefit of the parties hereto and confer no rights, benefits or claims upon any person or entity not a party hereto.

MATERIALS OF TRADE. Customer represents that it is purchasing goods as its "materials of trade" as defined in the Hazardous Materials Regulations in Title 49 of the Code of Federal Regulations. It further represents that the goods shall be used in direct support of its business, which is not transportation, and that such goods shall not be resold or transported in a vehicle other than the one owned by itself unless it has properly packaged, documented and declared such shipment to the carrier.

WAIVER. 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 nonperformance of any such term or condition by the other party.