Our Policies
EFFECTIVE DATE: 5/1/2022
Welcome and thank you for visiting this site, which is owned and operated by General Plumbing Supply, Inc. and its divisions, affiliates and brands that link to these Terms of Use (these "Terms of Use"), including Easy Plumbing, EasyPlumbing.com, Kohler Signature Store Paramus by General Plumbing Supply, Kohler Signature Store Jersey Shore by General Plumbing Supply, Kohler Signature Store Manhasset by General Plumbing Supply, Kohler Signature Stores by General Plumbing Supply, Plumbing Parts Online and PlumbingParts.Online (collectively, "GPS", "Us" “our” or "We"). These Terms of Use are provided by GPS and govern your access and use of GPS operations through our websites, our mobile sites, and our social media presence (individually a “Site” and collectively, the “Sites”). Visitors to the Sites are sometimes referred to in these Terms of Use as “you” or “your” and you and we together are sometimes referred to as the “parties.”
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING A SITE. YOUR ACCESS AND/OR USE OF A SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE. IF YOU DO NOT FULLY ACCEPT THESE TERMS OF USE, DO NOT USE OR ACCESS A SITE.
The Sites are offered and available to users who are 13 years of age or older and reside or are located in the United States. By using a Site, you represent and warrant that you are of legal age to form a binding contract with Us and meet the foregoing eligibility requirements (or if you are under the legal age to form a binding contract with Us, you represent and warrant that you are using a Site with the involvement of a parent or guardian). If you do not meet all of these requirements, you must not access or use a Site.
- Policy Changes
- Returns and Refunds
- Privacy
- Quoted Material/Job Quotes
- Use of Sites
- Accounts
- Content, Pricing, and Accuracy
- Shipping
- Cancellation and Coupon Codes
- Intellectual Property
- User Content
- Disclaimers
- Assistance
| Changes to these Terms of Use
GPS may revise these Terms of Use at any time and from time to time. We will notify you of changes to these Terms of Use by posting the amended terms on the Sites at least ten (10) days before the effective date of the changes. If you have provided us with your email address, we will also endeavor to notify you of any material changes to these Terms of Use that adversely affect your rights by sending an email at least ten (10) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current in order to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms of Use. If you do not agree to any revisions to these Terms of Use, you should stop using the Sites, and if you are a registered user, you may cancel your account with us within the ten (10) day period by contacting us at sales@generalplumbingsupply.net, and you will not be bound by the new terms. Otherwise, the new terms will take effect ten (10) days after our posting of the change. Our employees do not have the right to modify these Terms of Use (orally or otherwise)
ADDITIONAL TERMS
Certain provisions of these Terms of Use may be superseded by expressly designated legal notices, rules or other terms located on particular pages of a Site (the "Additional Terms"), including promotions or notices applicable only to residents of a certain state. Your use of such pages or download or use of our mobile applications, confirms your unconditional acceptance of the Additional Terms. If these Terms of Use conflict with such Additional Terms, such Additional Terms shall govern and apply to your use of that portion of a Site.
| Returns and Refunds
Returns of non-defective or defective products are accepted for items purchased from Us. Subject to the terms below, we accept returns of non-defective products up to thirty (30) days after your receipt and returns of defective products purchased online up to ninety (90) days after your receipt. There’s no minimum value on returns. If a product is defective or damaged, we will issue credit in full, provide replacement parts, or send you an exact replacement. If the replacement part or the exact replacement is not in stock, it will be shipped via standard shipping at no additional cost (or via expedited shipping for an additional fee).
Please note that each product image on a Site is only an illustration or description of what the product may look like and may differ from the actual product being shipped. The product number listed on the order confirmation will be the product that will be shipped except if that product is unavailable or delayed, a substitute product may be shipped. If you order a product based on the image on a Site and that image is incorrect, you will be responsible for all return shipping charges related to the transaction. However, you will not be charged a restocking fee in that case.
We reserve the right to charge restocking fees in certain cases, such as for general returns for special orders or discontinued products and for orders that receive customer negotiated discounts.
You must notify Us of a claim that a product was damaged within seven (7) business days after delivery (no matter what shipping method is used). Products shipped via LTL must be pre-approved prior to return, and you will be responsible for all return shipping charges. Products shipped via LTL and claimed to be delivered damaged must be signed for and noted on the bill of lading. We reserve the right to deny a return if you fail to notify Us of the damage to a product within seven (7) business days after delivery (no matter what shipping method is used), or if you fail to note the damage on the bill of lading (for products shipped via LTL).
For all returns, please contact our RGA department at returns@generalplumbingsupply.net. Returns will not be processed unless they have a valid RGA number. All returns are subject to inspection and returned non-defective products that are deemed not new in the box may be denied or issued a reduced credit. We reserve the right to not issue a credit if it is found that the end-user caused any product damage or defect.
Products ordered that do not show any availability on a Site are considered special order products. Cancellation of these special order products is subject to a 25% cancellation fee if the product has not shipped at the time of cancellation. Once shipped, these special order products cannot be canceled or returned (unless the return is due to a special order product being defective or damaged) and are final sales.
Please understand that some special order products will have a longer lead time. We will try to expedite these products if reasonably possible. If there is a manufacturing issue and a special order product is delayed, we reserve the right to cancel the special order and refund you the amount paid for such special order product. Any cancellation or other similar fees would be waived in these cases.
Clearance/Liquidation/Closeout items and all appliances may only be returned if you notified Us of (i) a defect within ninety (90) days of delivery or (ii) damage within seven (7) business days of delivery and if such defect or damage was confirmed by us after our inspection.
Qualifications for returns of a non-defective product:
- Returns must be requested within thirty (30) days of delivery
- Returned products must be in resalable condition
- Returned products must be free from scratches and/or defects
- Returned products must not have been installed
- Returned products must be in the original manufacturer’s box and packaging
- Returned products must not have any writing on the original packaging
- Returned products must not be missing pieces
- Returned products must not be a Clearance/Liquidation/Closeout items or an appliance
Qualifications for returns of a defective product*:
- Returns must be requested within ninety (90) days of delivery
- Returned products must have a defect that hinders its usability for the purpose for which it was designed and manufactured
*Note: If the product defect is found after the product has been installed, you are responsible for contacting the manufacturer and pursuing the standard warranty procedure with that manufacturer. We will help guide you through the warranty process; however, due to manufacturer or other constraints, we may not be able to accept the return of an installed product.
We are not responsible for any labor costs related to handling, installing, or uninstalling purchased products.
If any part of this return policy is unclear, or if you have additional questions, please contact our returns department at returns@generalplumbingsupply.net.
In the event of conflict between the terms in this Section 3 and the Privacy Policy referenced in Section 4 below, the terms in this Section 3 shall govern and prevail.
| Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy applies to your access and use of the Sites, including any personal information provided via the Sites or via any other aspect of the Sites. The terms and conditions of our Privacy Policy are hereby incorporated by reference into these Terms of Use. In the event of conflict between these Terms of Use and the Privacy Policy, the Privacy Policy shall govern and prevail.
| Quoted Material/Job Quotes
Material submitted online via for quoting is not price-protected unless confirmed by a member of our sales staff. We will not hold or honor pricing from previous orders without prior approval from management.
| Use of the Sites and License
Subject to your compliance with these Terms of Use, We grant you a personal, non-exclusive, non-transferrable, limited right to access and use the Sites solely for your personal, non-commercial use. This right does not include any resale or commercial use of the Sites. We may revoke your access and use of a Site at any time (including if you violate these Terms of Use), and nothing herein constitutes a representation that the Sites will be available to you for your access or use. We will not be liable if for any reason all or any part of a Site is unavailable at any time or for any period. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current, and complete.
| Compliance with Law
By registering for an account or placing an order, you represent that the products or services ordered will be used only in a lawful manner and as intended by such manufacturer. It is your responsibility to ascertain and obey all applicable local, state, and federal laws (including California’s water conservation legislation in regard to the possession, use, and/or sale of any product or service purchased via a Site.
| Restrictions on Use of the Sites
You agree that you will access and use the Sites only in accordance with these Terms of Use, including that you will not:
- Gain access, or attempt to gain access, to any portion of a Site, or any systems or networks connected to a Site, by hacking, password mining, or any other illegitimate or unlawful means;
- Create or maintain any link from another website to any page on a Site without GPS’ prior written permission;
- Reproduce or publicly display, perform, or distribute or otherwise use any materials on a Site for any public, non-personal or commercial purpose;
- Create or transmit unsolicited electronic communications, such as spam, use any device, software, or routine to interfere or attempt to interfere with the proper working of a Site, or otherwise interfere with users' enjoyment of a Site;
- Transmit or upload to a Site any item containing or embodying any virus, worm, defect, trojan horse, software bomb, or other harmful or malicious code or feature that does or could interfere with, damage, or degrade in any manner the performance or security of a Site or adversely affect a user;
- Take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on a Site or the IT infrastructure used to operate a Site;
- Submit or post to a Site any content that is unlawful or facilitates, constitutes, promotes, or encourages illegal activity or otherwise use a Site to transfer, communicate or store illegal material; or
- Attack a Site via a denial-of-service attack or a distributed denial-of-service attack or similar means.
| Accounts
You may be required (or you may elect) to create an account to access or use certain areas of a Site. If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account, and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify Us immediately of any unauthorized access or use of your account or password, or any other breach of security. Should We determine that your account information may be compromised due to your personal device being infected with a virus, malware, other malicious code, or due to other theft of your account information, We reserve the right to invalidate, delete, or otherwise modify your account in order to protect your account, the accounts of account holders, and other GPS systems from further damage or exposure. This may include proactively changing your password. Should this need arise, We will make reasonable efforts to inform you of any modifications made, via the email address listed for your account.
| Content, Priving, and Accuracy
All features, content, availability, specifications, products, and prices of products and services described or depicted on the Sites are subject to change at any time without notice. The inclusion of any products or services on a Site at a particular time does not imply or warrant that these products or services will be available at any time. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email or text. In addition, your request for price quotations is not price-protected unless confirmed by a member of our sales staff in your order confirmation email or text. Posted prices do not include taxes or charges for delivery or shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email or text. We attempt to ensure that information on the Sites is complete, accurate, and up-to-date. However, despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete, or out-of-date. We make no representation as to the completeness, accuracy, or currency of any information on the Sites. For example, products or services included on a Site may have different attributes (such as different dimensions or a newer version) than those listed, may look different from the image posted on a Site, or may carry a different price than what is stated on the Site. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrence (and we will endeavor to do so within two (2) business days). As provided in Section 3 above, if you order a product based on the image on a Site and that image is incorrect, you will be responsible for all return shipping charges and restocking fees related to the transaction.
| Shipping
When a product order is placed for delivery, it will be shipped or delivered to the address designated by the purchaser, as long as such shipping address is compliant with the shipping restrictions contained on the Site. GPS endeavors to ship products in the most efficient shipping method possible. Please note that GPS endeavors to process orders within one (1) to two (2) business days and that We do not ship on weekends.
Shipping charges are calculated based on a combination of the product(s) purchased, shipping address, and shipment methods, taking into account any applicable promotional shipping offers. Shipping costs are subject to change if an error in package size or weight is found. You will be notified in writing of all changes and will have the right to cancel the order if you do not accept the additional charges. You can determine shipping charges by (i) adding the product(s) to your shopping cart, and (ii) going to the Checkout Page and typing in the shipping zip code(s). The cost of shipping and the various options available will then be displayed on the screen.
For smaller products, GPS typically ships via Standard Ground. The estimated delivery date will typically be five (5) to seven (7) business days after the product leaves the warehouse. GPS’ chosen provider is UPS, but We may use FedEx or USPS under certain circumstances.
For larger products that require truck delivery, GPS typically ships via freight carrier. Products will be delivered curbside. Liftgate and additional insurance are extra. GPS will let you know the total shipping cost before the product is shipped if additional options are requested. Due to the cost of some items, LTL shipment rates are subject to change for additional insurance as necessary. Expedited shipping methods are available for an additional cost.
GPS is not responsible for any shipping damages. Receipt of damaged products must be reported to GPS as provided in Section 3 above. All claims for shipping must be filed with the carrier and, if applicable, noted on the bill of lading.
Shipping and delivery dates (including lead times to delivery to a GPS location or directly to the purchaser) are estimates only and cannot be guaranteed. GPS is not liable for any delays in shipments or delivery. GPS also does not guarantee that a product that appears in stock will be available. Title and risk of loss pass to you upon our transfer of the products to the carrier or delivery, as the case may be.
| Confirmation, Cancelation, and coupon Codes
While it is our practice to confirm online orders via email or text, the receipt of an email or text order confirmation does not constitute our acceptance of an order nor our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and at any time (a) to limit the order quantity on any product or service and/or to refuse service or fulfillment of any order or to any customer; (b) to discontinue any product or service; (c) to bar any user from making or completing a transaction; and (d) to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion. For clarification, orders may be limited or canceled at any time including after receipt of a confirmation or shipping email or text. We also may require additional information and/or verification of information prior to the acceptance and/or shipment of any order. For products purchased from our Sites using a credit card, an authorization may be placed on your credit card when you place an order. You will be charged for an item (and your purchase of such item will be complete) when the item in your order is shipped or picked up at a GPS location, as applicable. Certain custom items may be charged when the order is placed. Partial shipment or partial cancellation of orders may occur.
| Intellectual Property
All text, graphics, information, images, content, video, data, music, code, software, trademarks, trade names, service marks, logos, fonts, custom colors, features, functionality, and other material or content displayed on, available via, or that can be downloaded from a Site, excluding user information (collectively, the "GPS IP"), are either the property of, or used with permission by, GPS or our service providers and licensors, and are protected by copyright, trade dress, trademark, and other laws. We expressly reserve all intellectual property rights in all GPS IP. Nothing contained on the Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any GPS IP without the express written permission of Us or such third-party owner. No right, title, or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by the Company.
| User Content
As a user of a Site, you may provide and/or post content, including reviews, comments, suggestions, profile information, messages, communications, and/or other materials (collectively, "User Content"). Subject to any licenses and rights expressly granted herein, any User Content posted by you, is owned by you and is and will be considered non-confidential and non-proprietary. We may, but are not obligated to, monitor or review any User Content. We assume no responsibility for any User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We shall have no obligations to use, return, review, remove, or respond to any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, violates these Terms of Use, and reserve the right to terminate your access. Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of users and/or devices using or accessing the Sites. We are not responsible for claims resulting from our cooperation with law enforcement or court orders however the foregoing does not waive our liability if any, for (i) claims for personal injury or death caused by our negligent acts or (ii) damages arising from our gross negligence or willful misconduct. You are solely responsible for any User Content you post, publish or display on a Site or transmit to Us or others. You will post only User Content you believe in good faith to be true and accurate, and you will not post to a Site any User Content that is false, inaccurate, misleading or fraudulent. You are prohibited from posting or transmitting any content that:
- Is deceptive, misleading, fraudulent, unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane;
- Promotes illegal activity, encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violates any law;
- Violates the rights of a third party; or
- Is offensive to users of the Site, such as content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
By uploading User Content to a Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant GPS and our service providers an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid-up, worldwide license, and right to use, copy, revise, publicly perform, digitally perform, publicly display and distribute such User Content, and to prepare derivative works based on, or incorporate into other works, such User Content with or without attribution.
If you provide GPS with any feedback or suggestions regarding a Site (“Feedback”), you hereby assign to GPS all rights in such Feedback and agree that GPS shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. GPS will treat any Feedback you provide as non-confidential and non-proprietary and you agree that you will not submit to GPS any information or ideas that you consider to be confidential or proprietary.
| Third-Party Links
A Site may contain links to and/or functionality interacting with third-party sites that are not owned, operated, or controlled by GPS. All such links and/or functionality are provided solely as a convenience and do not constitute an endorsement by GPS. If you use these links, you will leave the Site. We are not responsible for any content, materials, or other information located on or accessible from any other site. We do not endorse, guarantee, or make any representations or warranties regarding any other site; any content, materials, or other information located or accessible from such sites; or any results that you may obtain from using such sites. We also do not guarantee that links and/or functionality provided by third parties will be available or error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements. IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM THE SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.
| Manufacturer's Warranty Disclaimers
We do not manufacture or control any of the products offered on our Sites. The availability of products through our Sites does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products offered on our Sites. However, the products offered on our Sites are covered by the manufacturer's warranty as included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THE SITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER FROM US, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GPS HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR SERVICE DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES OR LAWS, OR MISAPPROPRIATION (INCLUDING UNAUTHORIZED ACCESS OR MISAPPROPRIATION OF YOUR PERSONAL INFORMATION). WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
| General Disclaimers
We do not and cannot warrant that any Site (including any element of a Site) or its servers will be error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements.
YOUR USE OF A SITE (INCLUDING ANY ELEMENT OF A SITE) IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. NEITHER GPS, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS, OR SUPPLIERS, WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT-OF-DATE, AND NEITHER GPS NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS, OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
| Limitations of Liability
IN NO EVENT WILL GPS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS, VENDORS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SITES (OR ANY PART OF THE SITES) BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, ACCESS, OR THE RESULTS OF USE OF A SITE, ANY SITES LINKED TO A SITE, OR THE INFORMATION OR MATERIALS CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING OUR NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THE SITES, OR ANY MATERIAL OR CONTENT ON THE SITES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND GPS. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH A SITE, SUBJECT TO THE EXCLUSIONS BELOW, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURN POLICY HEREIN.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO (A) CLAIMS FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENT ACTS, OR (B) DAMAGES ARISING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. NOTHING IN THESE TERMS OF USE PURPORTS TO EXCLUDE ATTORNEYS’ FEES OR DAMAGES WHERE MANDATED BY STATUTE.
| Indemnity
We are available by email at sales@generalplumbingsupply.net to address any concerns you may have regarding your use of the Sites. Most concerns may be quickly resolved in this manner.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Sites (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey, in each case located in the City of Newark and County of Essex, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state of residence or location. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
| Waiver and Severability
A waiver by either party of any term or condition set forth in these Terms of Use must be in writing and shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of a party to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
| Entire Agreement
These Terms of Use and our Privacy Policy and Additional Terms constitute the sole and entire agreement between you and GPS with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Sites.
| Assistance
If you have any questions, comments, feedback, or requests for technical support, please direct them to sales@generalplumbingsupply.net.
| Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.