our Returns and Exchanges Policy Here
Legal Agreement / Terms of Sale
Terms of sale & export requirements: Approved gas masks (AGM) is a distributor
of safety equipment and ‘high-end’ protective gear, we carry some of the most
highly rated safety equipment available anywhere. In fact, due to the extremely
advanced & sensitive technology utilized in many items (respirators, filters,
electronics & testing equipment), we cannot export without prior approval from
the U.S. State Department. We will inform customers if their order to territories
outside the U.S. contains items that require such approvals. In many cases,
the gear we sell exceeds the specifications of 2002 issue U.S. Military equipment.
U.S. law states that any such claims must be supported by competent and reliable
scientific evidence. The products we sell & the information we provide is based
on specifications presented by the actual manufacturer obtained through research,
government / independent testing, or other means. AGM does not conduct independent
testing to verify any claims, statements, test results, accreditations, certifications
or effectiveness of any product. We have no means of scientifically proving
or disproving any such claims or specifications. In addition, many items, without
proper training in use, maintainance & care, could be used incorrectly and thus
compromise wearer protection; It is the sole responsibility of the purchaser
observe these requirements & precautions. In all cases, all persons purchasing
goods or services from AGM agree to indemnify AGM for the use, misuse, or defects
of any product. (This is a sales requirement for ALL companies who sell products
of this nature.)
Electronic Contracts: For all orders placed with AGM (Approved Gas Masks) through
phone, mail-order or websites, Purchaser acknowledges that: (1) placement of
the order through electronic means signifies Purchaser's assent to place an
order with the AGM website that is accepted by the successful processing by
the AGM system of the order; (2) the typing by Purchaser of his or her name
when requested to do so by the AGM website constitutes a signature to this contract;
or (3) the signing of a personal check, money order or cashiers check or other
instrument of payment constitutes a signature to this contract; or (4) the placement
of a verbal order and the transfer of credit card number or purchase order information
to an AGM representative constitutes a signature to this contract and (5) Purchaser
has the full authority to enter into the contract for such entity, and such
grant of authority was indicated by Purchaser through placement of an order
on the ApprovedGasMasks.com website.
Freight and Shipping Policy We strive to deliver you the items you need, at
the lowest possible cost. To this end, our standard freight policy utilizes
commercial ground transportation, and provides free, reliable 1-5 day delivery
to your place of business - anywhere in the contiguous United States - on most
items in our catalog. A $7.95 shipping charge applies to all orders under $200.
Oversize items or those requiring special handling in transit or at your facility
may incur additional charges. In these instances we will pass these charges
on to the customer at cost, for payment. Where such additional charges are predictable
- due to the inherent nature of the product being shipped - it is indicated
with the product information in the on-line catalog. If expedited delivery is
requested, additional freight charges may be incurred. If these charges exceed
our standard shipping rates, these additional charges will be invoiced at cost.
Any items which are back-ordered on a previous order qualifying for prepayment
of freight will also be shipped prepaid.
Returns Policy: To offer you, our Customer, the best possible customer service,
AGM will facilitate return processing during the 30 days immediately following
the order. However, some items are NOT returnable for safety & hygenic reasons.
Due to the nature of the products & product security features, the following
items may not be returned: Filters that have been removed from packaging, or
packaging has been compromised by puncture, etc; Masks, respirators, drinking
or other hydration devices, or other equipment that is used while in direct
contact with skin; NBC suits, bottles of consumable products or other items
where original packaging has been opened or otherwise compromised. Returns will
not be accepted without prior authorization and assignment of an authorized
return reference/tracking number. To answer questions regarding returns, please
email the ApprovedGasMasks.com site at firstname.lastname@example.org.
Payment Credit Card. Payment for products purchased at any AGM website via credit
card shall be subject to the fees, charges, rules and regulations of Customer's
credit card processor. AGM disclaims all responsibility and liability for credit
card payment issues. Open Account. For Purchasers with established credit, terms
are net 30 days from the date of shipment. If credit is not established, we
would be pleased to accept Visa, MasterCard or American Express. Cash or anticipation
discounts are not allowed. At the AGM’s business's option, export orders may
be subject to special export payment terms and quotations. Specific written
corporate agreements supercede the above terms. All payments must be made in
U.S. dollars, any checks must be drawn from a U.S. bank in U.S. dollars.
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 AGM SHALL
HAVE NO FURTHER LIABILITY.
Security Interest: On any sales on open account, Purchaser hereby grants to
AGM 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 AGM. Purchaser agrees to file any financing statements
or other appropriate document with its governmental authorities to assure the
validity, priority, and enforceability of the lien. Purchaser agrees to inform
the AGM 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.
Product Information: AGM’s ability to keep product information accurate and
up-to-date is limited by Suppliers, manufacturers and other industry sources
ability to provide product information. THEREFORE, AGM MAKES NO WARRANTIES,
EXPRESS OR IMPLIED AS TO THE ACCURACY OF THE CATALOG OR WEBSITE DATA.
Warranty Disclaimer: NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED,
OTHER THAN EXPRESSLY SET FORTH HEREIN IS MADE OR AUTHORIZED BY APPROVED GAS
MASKS. AGM DISCLAIMS ANY AND ALL LIABILITY FOR PRODUCT DEFECT CLAIMS. AGM DOES
NOT EXPRESS OR IMPLY A WARRANTY THAT ANY MERCHANDISE SOLD BY AGM IS MERCHANTABLE
OR FIT FOR A PARTICULAR PURPOSE. AGM DOES NOT MANUFACTURE THE PRODUCTS NOR PROVIDE
THE SERVICES OFFERED BY THE SUPPLIERS. IN ADDITION, AGM DOES NOT PROVIDE ANY
WARRANTY CONCERNING THE OFFERED PRODUCTS AND/OR SERVICES. Limitation of Liability
ALL liability for consequential and incidental or other damages ARISING FROM
THE USE OR MISUSE OF ANY PRODUCT. All liability for consequential, incidental
or other damages ARISING FROM suitability OF ANY PRODUCT for any particular
purpose IS EXPRESSLY DISCLAIMED. purchaser ASSUMEs SOLE RESPONSIBILITY FOR ANY
DAMAGE OR INJURY, INCLUDING DEATH, WHICH MAY ARISE DURING THE USE OF THESE PRODUCTS
IN ANY MANNER OR UNDER ANY CONDITIONS. IN NO EVENT WILL WE BE LIABLE FOR ANY
CONSEQUENTIAL, incidental OR OTHER DAMAGES. YOU AGREE TO INDEMNIFY AND HOLD
US HARMLESS FROM ALL CLAIMS BY THIRD PARTIES WHICH EXTEND BEYOND THE FOREGOING
LIMITATIONS OF OUR LIABILITY.
Backorders: AGM processes backorders. Backordered items will be shipped as soon
as possible at no additional shipping cost to the customer.
Force Majeure: AGM shall not be liable for any delay in or impairment of performance
resulting in whole or in part from Acts of God, service interruptions, 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 AGM in the conduct of its business.
Modification of Terms: AGM’s acceptance of any order is subject to Purchaser's
assent to all of the terms and conditions set forth herein, and Purchaser's
assent to these terms and conditions shall be presumed from Purchaser's placement
of an order using the AGM website or catalog, 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 or modification of terms
and conditions shall be binding upon AGM unless agreed to by AGM in writing.
Complete Agreement: The terms and conditions in AGM’s website contained herein,
forms, acknowledgments, quotations, invoices and sales terms and conditions,
are incorporated herein by reference and constitute the entire and exclusive
agreement between Purchaser and AGM / Approved Gas Masks.
Separability: If any provision of this agreement shall be unlawful, void, or
for any reason unenforceable then that provision shall be deemed severable from
this agreement and shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between the parties relating to the
matters contained herein.