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Order Terms and Conditions

General

Trident Solutions (“Trident,” “we,” “us,” or “our”) oversees Presco Polymers Opco, Inc., Pro-line Safety Products, William Frick & Co., LEM Products and Rhino Marking & Protection Systems, (the “Companies”) and the Companies’ related services.  By placing an order to make a purchase (an “Order”), you (“Buyer,” “you,” or “your”) agree to these Order Terms and Conditions (“Order Terms”).

When a Buyer makes an Order, Trident will send the Buyer a Confirmation e-mail with an order number (“Order Confirmation”), detailing the goods or services purchased.  For purposes of clarity, the Buyer agrees and acknowledges that these Order Terms prevail over any terms or conditions contained in any Order Confirmation, or other documentation, and these Order Terms expressly exclude any terms or variations issued by Buyer whether orally or in writing before, during, and after the provision of any services.

By making an Order, Buyer is making an offer to purchase the relevant good(s).  Trident has the right, in its sole discretion, to accept or reject any Order.  Trident may, in its sole discretion without any liability to Buyer, cancel any individual Order or transaction request if:  (1) Buyer violates its obligations under these Order Terms; (2) Buyer fails to perform its payment obligations; (3) Buyer falsely accuses Trident of misplacement, destruction, loss, or damage; or (4) for any other reason for which Trident determines, in its sole discretion, that it will not fulfill the Order.

Unlawful Order Submissions and/or Materials

By submitting an Order, you represent and warrant the following to Trident: (a) all information you have provided is accurate and up-to-date; (b) no materials submitted to Trident are submitted in violation of any applicable laws, including  copyright laws; (c) any materials submitted were either created by you, you have the right to permit Trident to perform duplication services, or you have the permission of the copyright or other proprietary rights owner to duplicate the submitted materials; and (d) no materials submitted are libelous, obscene, offensive, threatening, defamatory, abusive, hateful, or otherwise violate state or federal law or the rights of a third party.

Furthermore, you agree and acknowledge that due to the volume of its operation, Trident cannot fully inspect all the information and/or all materials submitted to it.  However, there are instances in which Trident may discover that the transmission of information to Trident, the content of such information, and/or your specific request for products and/or services with regard to such information within the materials violates state, provincial/territorial, and/or federal law, or to be otherwise inappropriate.  In the event of such discovery, Trident will take any and all steps necessary to comply with its own obligations under applicable law, including, but not limited to, reporting to and complying with relevant authorities, and or, cancelling your Order.

Payment

Unless otherwise agreed to in writing on an invoice for a particular Order, you have a legal obligation to pay for any Orders you make within thirty (30) days of the date any of your Orders are placed on a delivery truck. In order to complete an Order, you may be required to provide certain additional information that is required to process your Order. For example, you will be required to provide valid payment information (e.g. a valid credit card number and expiration date) to facilitate payment of your Order. By placing an Order, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling and other fees in relation to your Order, either by credit card or other permitted payment method. Unless otherwise indicated, all dollar amounts are in U.S. dollars.

Trident reserves the right, in its sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time.

Risk of loss: Delivery

Trident does not provide any services related to shipment of the good(s) purchased, to or from its offices.   This means that the risk of loss for such good(s) passes to you upon delivery of the good(s) to the shipping carrier. 

Please note that third party shipping carriers may not be able to ship to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your Order. In the event third party shipping carriers are not able to ship to the shipping address you provide, we will notify you, your Order will be cancelled, and you will receive a refund in respect of your Order (unless you are able to provide an alternate eligible shipping address).

As we use a third party to deliver Orders, it is possible that your Order will arrive before or after any estimated delivery timeline. Please note that multiple Orders may not always be shipped together. In addition, depending on the size of your Order you may receive several shipments to complete your Order.

Our Rights Regarding Orders

Without limiting the generality of any other section of this agreement, Trident reserves the right to limit or refuse any Order you place with us. Further, we reserve the right to verify the validity of all Orders and/or cancel any Order if we find evidence of fraud, tampering and/or any other violation of the terms and conditions of this Agreement. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person or per Order with or without notice. These restrictions may include Orders placed by or under the same account, the same credit card, and/or Orders that use the same billing and/or shipping address. We also reserve the right, in our sole and absolute discretion, not to ship items ordered or purchased to certain addresses. In the event that we are unable to or choose not to ship an item, you will be notified accordingly and the amount for that item charged in relation to your Order will be reduced accordingly. Trident also reserves the right at its sole discretion, to prohibit sales to certain distributors or resellers.

Trident reserves the right to cancel any Order or any portion of an Order should inventory become unavailable or if there is a pricing or any other error. Please note that certain promotions have limitations on purchase quantity, which products are discounted, etc.

All Orders are subject to verification by Trident at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to Trident): (i) for the purposes of verifying the legitimacy of any Order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an Order in accordance with our interpretation of the terms and conditions of this agreement.

Return Policy

In the event you and Trident agree that an Order contains a defect or quality issue or an error in the quantity provided in an Order, Trident shall accept returns of such defective Orders within thirty (30) days of completion of such defective Order.  An Order is considered completed (and the thirty (30) days starts) from the date Trident hands a good to the shipping carrier for shipment to you.  Though we are not obligated to do so, Trident reserves the right, but makes no obligation, to take returns past the thirty (30) day window at our sole discretion.  If you would like to request a return even though the thirty (30) days has run, please contact us to let us know.

Our Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, OUR SERVICES AND GOODS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, OR REPRESENTATIONS, OF ANY KIND.

TRIDENT, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, TITLE, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.  WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP.  WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND REGARDING THE SERVICES, THE GOOD(S), AND/OR ANY OTHER MATERIALS THAT WE PROVIDE.  WE MAKE NO WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY SERVICES, GOOD(S), AND/OR ANY OTHER MATERIALS THAT WE PROVIDE.  WE DO NOT WARRANT OR REPRESENT THAT THE SERVICES, GOOD(S), AND/OR ANY OTHER MATERIALS THAT WE PROVIDE WILL BE COMPLETE, WITHOUT DEFECT, ACCURATE, INTACT, UNDAMAGED, ERROR-FREE, OR VIRUS-FREE. TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT US TO DISCLAIM WARRANTIES IN THESE WAYS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

ANY PRODUCTS AND/OR SERVICES ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED.

THE INFORMATION RELATED TO ANY PRODUCTS AND/OR SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE TRIDENT, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR RECEIPT AND/OR USE OF THE SERVICES, GOOD(S), AND/OR ANY OTHER MATERIALS THAT WE PROVIDE.

You acknowledge that you are responsible for any actions you take in placing an Order with us.   You recognize that placing an Order with us is taken solely at your own risk, and in no event will Trident be liable to pay any amount, for any reason, to Buyer in excess of the amount paid by Buyer for any of the services, good(s), and/or other materials provided by Buyer.

IN NO EVENT WILL TRIDENT, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY OR UNDER ANY EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR ORDER, THE SERVICES, THE GOODS, AND/OR ANY OTHER MATERIAL PROVIDED BY TRIDENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, CLINICAL OUTCOMES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  NO CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH AN ORDER, AND/OR OUR SERVICES AND GOODS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.

Indemnification

You will indemnify, defend, and hold harmless Trident, our licensors and affiliates, and our and their respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ and legal fees and expenses) arising out of, in connection with, caused by or resulting from:

  1. your placement of an Order, and your communications with Trident;
  2. your violation of any of the provisions of these Order Terms;
  3. any activity related to your accessing our services, including, without limitation, negligent or wrongful conduct; or
  4. your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.

For purposes of clarity, these indemnification obligations apply to you and your Order.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Force Majeure

If any loss, damage, delay, or non-performance is a result of acts of God, or natural disaster or catastrophe; pandemic, virus, plague, disease, or quarantine; war, invasion, other hostilities (including acts of terrorism), rebellion, or any other materially disruptive military or political event; embargo or labor dispute; power failures or other disruptions to services and utilities on which Trident relies (including but not limited to, any outage in hosting services provided by a third-party host for Trident online services); or any other unforeseen and external occurrence for which Trident is not responsible and could not predict which is required for the performance of its obligations, then Trident will not be not be liable for any such loss, damage, delay, or non-performance of services to the full extent excused under applicable law.

Non-Assignable

Your rights and obligations under these Order Terms are not assignable to any third party—neither voluntarily or by operation of law—without the prior written consent of Trident.  Any assignment or purported delegation by you without Trident’s written consent will be null and void and of no force or legal effect.

Choice of Law

This contract is to be governed at all times by the laws of the State of Texas applicable to agreements made and to be wholly performed within the State of Texas, without regard to its conflict of laws provisions or the conflict of laws provisions of any jurisdiction that would cause the application of any law other than those of the State of Texas.

Merger

This Order Terms and Conditions along with any order placed with the Companies or Trident, represents the full agreement between you and Trident.  No other representations (besides the individual price quote you are given for Trident’s services), whether oral or written, form any part of your agreement with Trident. Additionally, this Order Terms and Conditions cannot be orally modified, even by Trident personnel, and no provisions of it can be waived by either party except in writing.