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Terms & Conditions of Sale

Our Terms and Conditions apply to all purchases and sales of items offered here, and your purchase means you have accepted our Terms and Conditions of Sale in effect as of the date of purchase. We disclaim any other Terms and Conditions contained in any customer purchase order, order form or otherwise unless expressly agreed to by us in writing. Purchase orders must be strictly in conformity with these Terms and Conditions; inconsistent or conflicting terms in any purchase order or sale acknowledgment are rejected and shall be controlled by these Terms and Conditions unless agreed to by the customer and MSC in a separate mutual writing. Additional terms are not binding unless agreed to by an officer of MSC in a separate writing. We reserve the right to decline fulfilling orders at our discretion.

Our catalogs of products, parts, machinery system and product ordering hierarchy (the "MSC Catalogs") constitute original works and selections and arrangements of data compiled by MSC, and are protected works and compilations under the U.S. Copyright Act. All rights in MSC Catalogs are reserved by MSC. You shall use MSC Catalogs solely to purchase products.


Our Hassle Free Guarantee

MSC has been doing business for over 76 years. We are proud to be a NYSE listed company, trading under the symbol MSM. The suppliers and manufacturers we represent are the best in the business. Brands you want and ask for. All products are first quality. If you receive a product that does not perform as advertised in MSC Catalogs, please call us. We will happily and quickly provide an exchange or refund (subject to Q.A. inspection) provided it is returned (excluding hazardous materials and cut-to-length products) within 30 days of shipment in its original packaging. Due to COVID restrictions, facial coverings including K95 masks and respirators are non-returnable. Thank you for choosing MSC as your industrial supplier.


Pricing & Charges

Product: Prices and charges in this catalog are effective upon publication (or immediately when displayed on our website) and are subject to change without notice. All prices are quoted in U.S. dollars. We reserve the right to pass on any surcharges or impose purchase restrictions or limits at any time. Prices and availability may vary at branch locations.

Charges: All orders are subject to applicable shipping, freight, taxes and processing charges. Shipping charges for ground service on all stocking orders are determined by using a flat rate table that is based on the combined weight of all items on the order. There are no additional charges for split shipments on MSC stocking orders. This simplified table approach gives MSC the ability to quote freight at the time of the order. Flat table charges are intended to approximate MSC's average cost to process and ship a package of similar weight characteristics. Shipping charges for non-stocking orders and premium shipping services will be subject to the carrier's published rates plus an additional handling charge of $3.99 per order. In some cases, shipping charges may be less than or greater than MSC's actual cost to process and ship.

Carrier Surcharges: Carriers may impose surcharges, which vary by carrier and may change at the carrier's discretion. MSC will pass on the surcharge.

Minimum Order: $25 (U.S. dollars). You will be charged the minimum $25 on any order with a merchandise value of $25 or less.


Terms/Billing Options

Net 30 days on approved open accounts from date of invoice. In addition to open accounts, we also accept cash, C.O.D. and most major credit cards. MSC has multiple payment/billing options. If an open account customer fails to make full payment within thirty (30) days from date of invoice, MSC may defer any further shipments or other orders, or cancel any portion of an unshipped order. MSC further reserves the right to charge interest on overdue invoices at the rate of 18% per annum (1.5% monthly) or at the highest rate available under applicable law. It is understood and agreed that customer will pay, to the extent permitted under law, all reasonable costs and expenses, including attorney’s fees, collection agency fees and court costs incurred by MSC in connection with any collection action for payment of the amounts due herein.

MSC makes available certain payment processes through which you can provide payment information to us when you pay for your order (our "Authorized Payment Processes"). Examples of our Authorized Payment Processes include providing payment information by telephone, through our website checkout page or using an established Electronic Data Interchange (EDI). MSC has implemented physical, technological and administrative safeguards intended to protect the information that you provide using one of our Authorized Payment Processes. These safeguards include, for example, encryption of Internet communications. If you do not use an Authorized Payment Processes, and you submit payment information through some other method (such as via email or fax), then the safeguards provided by our Authorized Payment Processes will not protect your payment information, and you provide such information at your own risk. MSC expressly disclaims all responsibility regarding the collection, use and protection of information that you do not submit through an Authorized Payment Process.


Delivery

Deliveries are made Monday through Friday, daytime hours only. Most orders are shipped UPS. MSC also uses various carriers for different regions. Items that are drop shipped directly from manufacturers may take longer, so items ordered together may not always arrive in the same box or on the same day. Hazardous materials require special handling, are not service level guaranteed and may be subject to local, state and federal regulations which may delay or prohibit shipments. Hazardous materials will not be shipped to Alaska or Hawaii or exported outside of the contiguous United States. All orders are shipped F.O.B. from MSC's distribution facility or manufacturer's facility for drop shipments. Title and risk of loss pass to customer on delivery to the common carrier or upon customer pickup. Orders placed on Fridays (after your local cut-off time), weekends or holidays will be shipped on the next regular business day. Any request for a UPS proof of delivery shall be made by customer to MSC within thirty (30) days of the invoice's due date. Please check with your MSC sales representative for more information at order time. See Warranties-Limited Liability.


Damaged or Lost Shipments

UPS, Fed-Ex Ground, other package carriers & Prepaid Truck Shipments (MSC carrier): Check your order immediately upon arrival. All damages must be noted on delivery receipt. All shortages and damages must be called into MSC Industrial Supply at 1-800-645-7270 or e-mailed to customercare@mscdirect.com within 7 calendar days.

Machinery Shipments: Call 800-331-1110 or e-mail mach_service@mscdirect.com. All damaged containers and merchandise must be kept for inspection. If product was damaged in transit, you must file a claim with the carrier.

Truck Shipment (when you select the carrier): Check your order immediately upon arrival. All damages must be noted on delivery receipt. All damages and shortages must be called in to the trucker you chose within 7 days. All damaged containers and merchandise must be kept for your trucker to inspect. At that time, you will file a claim with your trucker. Damaged Hazardous Materials must be returned through the freight company prior to acceptance of delivery (See Returns and Repairs Section).


Warranties

General Merchandise Warranty: Except as otherwise stated, the only warranties applying to materials sold are those, if any, specifically provided by the manufacturer to be honored by the manufacturer. Items marked Lifetime Warranty are subject to manufacturer's warranty terms. EXCEPT AS SET FORTH HEREIN, MSC MAKES NO WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED. MSC DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP, QUALITY, DURABILITY, SUITABILITY, OR NON-INFRINGEMENT INCLUDING WITHOUT LIMITATION IN THOSE INSTANCES WHERE CHANGES, ALTERATIONS OR MODIFICATIONS ARE MADE IN MATERIALS AT THE REQUEST OR INSTRUCTION OF THE CUSTOMER, AND THE CUSTOMER AGREES NOT TO CLAIM OR COMMENCE SUIT AGAINST MSC BASED ON ANY SUCH DISCLAIMED WARRANTIES OR SUCH MANUFACTURER'S WARRANTIES. OUR OBLIGATION IS LIMITED ONLY TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS OR, AT OUR SOLE OPTION, TO REFUND THE PURCHASE PRICE. A full refund will be given, subject to our Q.A. inspection, for any defective item returned to us and received by us within 30 days of the date of shipment in its original packaging. Exception: Phase converters in You-Build-It Kit form are final sale only.

Machinery Warranty: Motorized machinery purchased directly from MSC shall be free from defects in material and workmanship for a period of 1 year from date of shipment for mechanical and electrical components (or 2,000 operating hours, whichever comes first, for CNC equipment). This warranty is void in the event a static phase convertor is used to support the machine's operation. Parts found to be defective in material and workmanship by MSC during the warranty period shall be replaced or repaired at MSC's sole option. Any components on motorized machinery found by MSC to be modified, altered, misused, abused or neglected will void the MSC warranty. This warranty is exclusive and in lieu of any and all other warranties whether written or oral, expressed or implied, including but not limited to any warranty of merchantability and any warranty of fitness for a particular purpose and any warranty of non-infringement. Parts not covered by this warranty are normal wear or consumable parts such as (but not limited to) belts, filters, greases and lubricants, batteries, lamps, brakes and blades. This warranty is void outside of the U.S.

Manufacturer's Responsibility: The customer recognizes that MSC is a distributor and not a manufacturer, fabricator or packager, and all applicable product specifications, representations and warranties are solely those of the fabricator, manufacturer or packager of the products sold. MSC's liability hereunder for any claim of loss or damage of any kind whatsoever by the customer arising from a breach of any such specifications, representations or warranties by the manufacturer, fabricator or packager shall be limited to reimbursement of the price paid for the specific item sold, and other than such reimbursement, as between the customer and MSC, the customer's sole and exclusive recourse for such loss or damage is to the manufacturer, fabricator or packager of the products. Customer waives any right of set-off or cover under the Uniform Commercial Code or otherwise.

Limited Liability: IN NO EVENT SHALL MSC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THE PURCHASE, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED OPPORTUNITY OR PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MSC shall not be responsible for computer or electronic interruptions, mechanical or electrical breakdowns, strikes, labor slowdowns, war, terrorism, riots, severe weather conditions, natural disasters, acts of God or any other forces beyond the reasonable control of MSC, LTL shipments and other non-scheduled carriers, branch shipments (due to earlier pickups), back ordered items, replacement orders, new accounts (first order), orders requiring credit review, and supplier manufacturing deficiencies.


Coronavirus Disease 2019 (COVID-19) Pandemic: As a result of the ongoing coronavirus disease 2019 (COVID-19) pandemic, a critical inventory shortage of certain personal protective equipment (PPE), including but not limited to gloves, face masks, hand sanitizers, disposable respirators, goggles, wipes, etc., has developed or is projected to develop because of unusually high demand. Due to limited inventory of such products, MSC may not be able to fill all customer orders. MSC will prioritize sales of such products to government customers with Defense Production Act rated orders, government agencies that provide critical safety and security to the public, and first responders and those providing vital services for the stability of the U.S. infrastructure. Because of the high demand levels and possible long lead times involved in replacing our inventory, sales of certain high demand PPE products are final, and customers cannot cancel orders that have been confirmed by MSC or return, exchange, or claim a refund or credit for those products, notwithstanding anything to the contrary in these Terms and Conditions.


WARNING: MSC assumes no responsibility for how PPE items are used or their effectiveness. Each user is solely responsible for the selection of appropriate PPE items for the setting and application. Before use, the user and/or wearer must read and understand the user instructions provided as a part of the product packaging for ensuring proper use. While use of PPE may decrease the chance of exposure to the COVID-19 coronavirus, there is no guarantee even with proper use that all risk of exposure will be eliminated. For example, no matter how well a respirator seals to the face and how efficient the filter media is, wearers should expect a small amount of leakage inside any respirator. Except as expressly provided by the manufacturers, PPE items have not been tested to determine their efficacy against viruses such as the COVID-19 coronavirus.


PPE PRODUCTS NOT INTENDED FOR MEDICAL USE: The PPE products distributed by MSC are not intended to be used for medical purposes and are not intended for use by healthcare professionals. Any use of PPE products distributed by MSC are limited to non-medical use by non-clinical individuals.


Responsibility

The value of the defective product or material is our only liability. All specifications and technical data have been supplied by the manufacturer and are listed only as a convenience. We do not warrant or represent that the merchandise complies with the provisions of any law, particularly the Walsh-Healey Public Contracts Act, and the Occupational Safety and Health Act of 1970, and regulations promulgated thereunder, unless the manufacturer so warrants.

Catalog Errors
Although all information in MSC Catalogs has been carefully checked for accuracy, errors and omissions occasionally occur and therefore are subject to correction. We regret any inconvenience.

Compliance with Laws
Some products may be obtained from multiple supply sources located throughout the United States or internationally and shipped directly to the customer without sending the item through MSC. Many states and localities have codes and regulations governing sale, offering for sale, distribution, construction, installation and use of products for certain purposes and/or containing certain regulated substances, which may vary from those in neighboring areas. MSC relies upon information provided by the supplier of these products to ensure they are compliant with the laws of the jurisdiction into which the product is shipped. The information provided by the supplier as to the ability of the product to be sold or distributed in any particular jurisdiction is believed by MSC to be accurate. MSC, however, shall not be responsible for how products are used or installed or for the product's conformance to regional, state, or local codes or regulations. MSC does not guarantee compliance with any law and assumes no responsibility for how the items are used or installed. Without limiting the foregoing, MSC shall not be liable for any use of the products that are inconsistent with directions or instructions provided by MSC or the manufacturer. Customer has the sole responsibility for compliance with all applicable codes, regulations and laws and before purchase and use of the product must review and ensure full compliance with such codes, regulations and laws, in addition to any limitations or instructions provided by MSC or the manufacturer, concerning the use or installation of the products.

Federal Government Flowdown Clauses
MSC primarily sells commercial items as defined in FAR 2.101. For orders which reference a U.S. Government agency prime contract number, or are otherwise identified as a U.S. Government subcontract, the following clauses as in effect on the date of the order are hereby incorporated by reference into these Terms and Conditions only to the extent that they are applicable and required to be flowed down by FAR or DFARS prescription: (a) the clauses required to be flowed down to subcontracts in FAR 52.212-5(e) when the Buyer’s government contract is for commercial items/services or those required to be flowed down to subcontracts in FAR 52.244-6 when the customer’s government contract is for noncommercial items/services, and (b) for contracts with the Department of Defense, the clauses required to be flowed down to subcontracts for commercial items per DFARS 252.244-7000(a), except for DFARS 252.225-7009 - Restriction of Acquisition of Certain Articles Containing Specialty Metals and DFARS 252.227-7013 - Rights in Technical Data--Noncommercial Items, which must be separately negotiated if applicable. All other U.S. Government agency contract provisions are rejected. Acceptance of additional government contract provisions, including country of origin provisions, must be explicitly agreed upon in writing by the MSC legal department. Acceptance of an order does not constitute acceptance by MSC of any other government contract provision listed on purchase order documents or customer terms and conditions. MSC rejects any customer provision pertaining to most favored customer pricing. MSC requires its suppliers to provide goods that conform to all design, performance and production requirements, do not infringe on a third party’s intellectual property rights, are new, authentic, and not counterfeit, and comply with all applicable laws and regulations. Therefore, MSC specifically rejects any customer counterfeit terms and conditions, and all such terms and conditions are deemed not to apply. Except for technical data accompanying a product such as instruction manuals that are included by the manufacturer, technical data is not normally a deliverable for MSC. Technical data provisions must be separately negotiated. MSC is a large business under FAR Part 19 and the rules of the Small Business Administration. Customer warrants that in supplying products in response to any government contract solicitation that has been set-aside for small business, customer understands and will comply with the applicable rules.

Environmental & Safety

VOC (Volatile OrganicCompounds)Limits:
MSC may be prohibited from offering certain products due to restrictions or requirements of various federal, state, local and other authorities having jurisdiction in these matters. VOC restrictions may change without notice. Customers should consult the regulations applicable to these products to ensure compliance. MSC relies on the manufacturer regarding the VOC content of their products and makes no representation or warranties regarding the information provided by the manufacturer.

Ozone Depleting Substances (ODS)
MSC may be prohibited from selling certain products that contain chemicals (hydrochlorofluorocarbons) to customers that are not commercial customers as defined by regulations issued by the United States Environmental Protection Agency (USEPA). As per the USEPA regulations, it is a violation of federal law to sell, distribute, or offer to sell or distribute any chlorofluorocarbon or aerosol hydrochlorofluorocarbon containing cleaning fluid for electronic and photographic equipment to anyone who is not a commercial user of this product. The penalty for violating this prohibition can be up to $25,000 per sale. Individuals purchasing such products must present proof of their commercial status in accordance with Title 40 of the CFR 82.68(a) or (c). ODS restrictions may change without notice and customers should consult the ODS regulations and are responsible for compliance with all the ODS regulations.

California Proposition 65
Some products may contain certain chemicals and, therefore, be subject to warning requirements of California Proposition 65. Proposition 65 requires that packages of products containing certain chemicals identified by the State of California as causing cancer, birth defects or other reproductive harm contain warnings. MSC relies on the manufacturer regarding the hazardous chemicals in their products and makes no representations or warranties regarding the information provided by the manufacturer.

Mercury Containing Products
Some products may contain mercury and may, therefore, be subject to federal, state, or local regulations regarding their purchase, use, handling and/or disposal. Customers should consult the regulations applicable to their operations regarding these products. MSC relies on the manufacturer regarding the mercury content of their products and makes no representations or warranties regarding the information provided by the manufacturer.

Restrictions of Hazardous Substances (RoHS):
The European Union, China and South Korea have implemented legislation that limits and requires disclosure that may prevent the sale of electronic products or electronic equipment and their accessories when certain chemical substances exceed threshold limits. MSC works with our suppliers to identify items that may be impacted by this regulation as needed to meet with our customer’s requests for this information.

Registration, Evaluation, Authorization and Restriction of Chemical Substances (REACh)
is a European Union Regulation that requires companies to identify and manage the risks linked to substances they manufacture and market in the EU. MSC works with our suppliers to identify items that contain Substances of Very High Concern (SVHC) as needed to meet with our customer’s requests for this information.

Safety Data Sheet (SDS)
An SDS is a document that is required by the Occupational Safety and Health Administration (OSHA) and provides specific Safety, Health and Environmental information about a product deemed to be hazardous (e.g. Hazardous Ingredients, Physical Hazards, Health Hazards, Safe Handling, Control Measures and more.) Manufacturers or importers are required to produce SDSs and employers are required to have them available for their staff as per OSHA's Hazard Communication Standard 29 CFR. 1910.1200. MSC expressly relies on the evaluation of the chemical manufacturer/importer contained therein. MSC provides SDSs when required. An SDS will be provided for a product when: You order the product for the first time, an updated SDS is received from the manufacturer/importer, or you request another SDS. SDSs will be provided via the following means: (i) accessing MSC's website (mscdirect.com), (ii) contacting your local sales office (800-645-7270), (iii) using MSC's 24-hour toll-free number (866-910-0719) to request an SDS by mail or facsimile, (iv) requesting an SDS when ordering a product, or (v) contacting MSC in writing requesting an SDS.

Dangerous Goods/Hazardous Materials

  • Lead: MSC may be prohibited from offering certain plumbing products intended for use in conveying potable water due to restrictions or requirements of various federal, state, local and other authorities that have prescribed lead content restrictions for such products. These restrictions may change without notice. Customers should consult the regulations applicable to these products to ensure compliance. MSC relies on the manufacturer regarding the lead content of their products and makes no representations or warranties regarding the information provided by the manufacturer.
  • Energy Efficiency: MSC may be prohibited from offering certain products that do not meet federal, state, and/or local requirements for energy efficiency. Energy efficiency requirements may change without notice. Customers should consult the regulations applicable to these products to ensure compliance. MSC relies on the manufacturer regarding the energy efficiency rating of its products and makes no representations or warranties regarding the information provided by the manufacturer.
  • Handling and Disposal: Numerous federal, state, and local codes, regulations and laws may apply to the disposal of products. Customer is solely responsible for proper handling and disposal of purchased items and should review and ensure compliance with all such codes, regulations and laws.

Returns & Repairs

Returns
Except as otherwise provided, no material will be accepted for return after 30 days from date of shipment. To return merchandise, you must call MSC at 800-645-7270 for a Return Authorization number. For machinery returns or repairs, call MSC machinery service at 800-753-7995. No returns will be accepted without a Return Authorization number. Include with your return a copy of your invoice or packing slip. All merchandise must be returned in its original packaging and condition. Any claims for discrepancies in shipment must be made within 7 days of receipt of merchandise. C.O.D. returns will not be accepted. Shipping charges for returned items must be prepaid. No return of altered or etched items. A re-stocking charge may be applied. Customers are required to inspect all hazardous materials deliveries prior to accepting the delivery. Unaccepted hazardous materials can be returned to MSC through the freight company that delivered the materials by not accepting the delivery. Once hazardous materials or non-hazardous materials that can become hazardous waste (e.g. broken fluorescent bulbs) are accepted for delivery, MSC is unable to take these items back. Regulated Lithium batteries or cells, or products packed with Lithium batteries and cells, can be returned but it is the customer’s responsibility to comply with all applicable DOT ground shipping regulations. MSC does not take title to returned products until the item is received at an MSC Customer Fulfillment Center (CFC).

Computer Software
Unopened Software may be returned for credit. Opened Software will be replaced only if defective.

Repairs
Please call our Technical Service Department at 800-645-7270 for the address and phone number of the authorized service center nearest you.

Repair Service
Items left after 60 days of notification of repair will be disposed of.

Cut-to-Length Products
Because of the special nature of the products, we will be glad to cut products to length per your specifications. We reserve the right to charge a service fee for difficult or multiple cuts per item. Cut-to-length products, however, are considered final sale, and may not be returned for credit.


Export Controls

MSC products and services, including user manuals and software, are subject to U.S. export control laws, regulations and administrative policies. Customer acknowledges that it is familiar with such laws and regulations and it agrees to abide by them in all respects. Diversion of products and/or services contrary to U.S. law is prohibited. Customer understands that a license, written approval or other authorization may be required from the Bureau of Industry and Security of the U.S. Department of Commerce, the Directorate of Defense Trade Controls of the U.S. Department of State or other U.S. government agency prior to the export or reexport of these items from the United States Guidance may be found at http://www.bis.doc.gov or http://www.pmddtc.state.gov. Customer further understands that it is unlawful to export, reexport or transfer, or to attempt to export, reexport or transfer these items to individuals or entities on the List of Debarred Parties, Denied Persons List, Specially Designated Nationals List, Entity List, Unverified List or Nonproliferation Sanctions List, as well as sales or transfers to Embargoed Countries (currently, Cuba, Iran, North Korea, Syria and Sudan). It is the customer's responsibility to be aware of these Lists and Embargoes. These Lists may be accessed at http://export.gov/ecr/eg_main_023148.asp.


Important Notice to Federal Customers re: Country of Origin.

While MSC products listed on GSA Advantage meet the requirements of the Trade Agreements Act (“TAA”), as implemented by Federal Acquisition Regulations Part 25, other products sold by MSC may not meet the requirements. At the time of purchase, MSC will advise properly identified and authorized schedule customers if a product is “TAA-compliant.” Any federal customer purchasing a non-TAA item will be making an “open market” purchase that is not covered by any contract. Federal customers are advised that the open market purchases are NOT GSA schedule purchases. By purchasing any product on the open market, the federal customer represents that it has authority to make such purchase and has complied with all applicable procurement regulations.


Important Country of Origin Information.

For certain items sold by MSC on its websites, the displayed country of origin information may not be accurate or consistent with manufacturer information. For updated, accurate country of origin data, it is recommended that you rely on product packaging or manufacturer information


Provisions

Security Interest
Customer hereby grants to MSC a first priority 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 MSC. Customer agrees to file, or permit MSC to file, any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of MSC's lien or security interest.

Independent Contractors
MSC and Customer are independent contractors and not principal and agent. Nothing contained in these terms and conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Customer will not have the right to bind or otherwise obligate MSC in any manner, nor will Customer represent to anyone that it has the right to do so.

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

Electronic Commerce
If MSC and Customer mutually agree 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. MSC and Customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access. In the event of a conflict, the business records maintained by MSC regarding EDI purchases made by Customer shall be deemed to be conclusive.

Intellectual Property
Customer shall have no right to copy or use any of the intellectual property of MSC or its suppliers without MSC's permission. All materials contained in MSC Catalogs and MSC's website are subject to the ownership rights of MSC and its suppliers.

MSC's Performance of Service
In conjunction with Customer's purchase of product, MSC may perform certain services for Customer on Customer's premises such as delivering, ordering, performing inventory management, or putting-away product as well as services relating to optimizing Customer’s metalworking equipment and processes (collectively, the "Services"). Customer will hold harmless and indemnify MSC, its officers, directors, employees, agents, subcontractors or representatives from and against any and all claims, including bodily injury, death, or damage to personal property, and all other losses, liabilities, obligations, demands, actions and expenses, whether direct or indirect, known or unknown, absolute or contingent, incurred by MSC related to the performance of Services for Customer (including without limitation, settlement costs, attorneys' fees, and any and all other expenses for defending any actions or threatened actions) arising out of, in whole or in part, any act or omission of Customer, its employees, agents, subcontractors or representatives. MSC may use and disclose non-Customer identifiable and non-personally identifiable data collected and created in the course of performing such services for purposes of aggregated analysis and other business purposes. Waiver: No failure by either party to take any action or assert any right hereunder will be deemed to be a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right.


Third-Party Software and Services
MSC may make available to customers certain third-party software or services, including, for example, Web-based software and consulting services (“Third-Party Services”). Except as otherwise specifically agreed by MSC in a separate written agreement, any acquisition by customers of such Third-Party Services is solely between each customer and the applicable third-party provider. Customer acknowledges and agrees that: (1) MSC shall have no performance obligation with respect to such Third-Party Services; (2) MSC does not warrant or provide support for such Third-Party Services; and (3) MSC shall have no liability relating to such Third-Party Services, whether or not they are designated by MSC as “certified” or otherwise, unless expressly provided otherwise in a separate written agreement.


Duplicate "Big Book®" & Sales Flyers

If you are receiving duplicate MSC Catalogs, please call our toll-free number and indicate which name(s) you would like us to delete. Thanks for helping us cut waste.


Controlling Law & Venue

The provisions of the Uniform Commercial Code, as adopted in New York, shall apply (except as expressly modified hereby) with no application of the United Nations Convention on Contracts for the International Sale of Goods. All transactions shall be governed by the laws of the State of New York, without regard to any conflict of law principles that would require the application of the laws of any other jurisdiction, and venue shall be in Suffolk County, State of New York.


Next Day Delivery Upgrade

MSC will upgrade qualifying orders to Next Day Air Saver at the customer's request (additional charges may apply). The Next Day Delivery upgrade only applies to standard UPS Ground shipping orders, and does not apply to orders shipped via Freight Saver shipping method. Qualifying orders will be delivered on the next regular business day, or on a weekend day for an additional charge. The upgrade will apply if: (i) the order is received by MSC at one of its customer fulfillment centers (CFCs) before the applicable cut-off time on an operating business day; (ii) the item is a national catalog item; (iii) the order is 20 pounds or less and is not too large to ship by air; (iv) the order cannot be delivered to the customer next day through our Ground Network; and (v) the exclusions described below do not apply.


Exclusions

Neither the Same Day Shipping Guarantee nor the Next Day Air Saver Upgrade cover: (i) orders to non-qualified customers or those outside of the continental U.S.; (ii) orders for items that are not in stock; (iii) orders for hazardous materials, machinery or items that require customized lengths, set-up or special packaging; (iv) circumstances beyond MSC's control (for example, computer or electronic interruptions, strikes, natural disasters, severe weather conditions, war or supplier manufacturing deficiencies); (v) Freight Saver shipments; (vi) "less-than-truckload" (LTL) shipments, orders shipped by non-scheduled carriers, shipments from branch locations, replacement orders, vendor-managed inventory (VMI) orders, first orders for new accounts, direct ship items, or orders requiring credit review; or (vii) orders awaiting the customer's acknowledgement of California Proposition 65 notices provided by MSC.

Note:
Hazardous materials require special handling. Any item containing such materials may be subject to local, state and federal regulations which may delay or prohibit shipments. MSC makes no service level guarantees regarding such items. See Terms and Conditions-Warranties-Limited Liability.