Términos del servicio
TERMS OF SERVICE AND CONDITIONS OF SALE
Effective date: August 15, 2026
Last updated: August 15, 2026
These Terms of Service and Conditions of Sale (“Terms”) govern your access to and use of EnergySafetySupply.com (the “Site”), your communications with Energy Safety Supply, and your purchase of products or services from us. The Site is operated by ESS Investments, doing business as Energy Safety Supply (“Energy Safety Supply,” “ESS,” “we,” “us,” or “our”).
Please read these Terms carefully. By accessing or using the Site, creating an account, submitting an order, approving a quote, issuing a purchase order that references an ESS quote, or purchasing products or services from ESS, you agree to these Terms. If you do not agree, do not use the Site or place an order.
If you act for a company, government agency, or other organization, you represent that you are authorized to bind that organization. “You” and “customer” then refer to both you and that organization.
Nothing in these Terms limits any right or remedy that cannot lawfully be limited or waived.
1. Documents that govern a transaction
Our Privacy Policy, Shipping Policy, Return and Refund Policy, and any applicable Price Match Guarantee are incorporated into these Terms by reference.
If documents conflict, the following order controls:
1. A written agreement or statement of work signed by an authorized ESS representative and the customer;
2. The applicable ESS quote, order acknowledgment, or invoice;
3. These Terms; and
4. Other policies posted on the Site.
A customer purchase order may identify products, quantities, delivery information, or administrative requirements, but any additional or different legal terms printed on or linked from a customer purchase order are rejected unless an authorized ESS representative expressly accepts them in a signed writing. Processing, acknowledging, or fulfilling a purchase order does not by itself accept the customer’s additional terms.
2. Eligibility, accounts, and account security
You must be at least 18 years old and legally capable of entering a contract to use the Site or place an order. You agree to provide current, complete, and accurate account, billing, shipping, tax, and contact information.
You are responsible for safeguarding your account credentials and for activity conducted through your account. Notify us promptly at tina@energysafetysupply.com if you believe an account or payment method has been used without authorization. We may suspend an account when reasonably necessary to investigate suspected fraud, misuse, or a security issue.
3. Website information and procurement support
ESS provides product information, buying assistance, quotes, and procurement support. Unless an ESS-signed agreement expressly states otherwise, Site content, chat responses, emails, articles, product comparisons, and general recommendations are informational and are not engineering, legal, regulatory, industrial-hygiene, occupational-safety, fall-protection-system design, rescue-plan, or other professional services.
Product descriptions should be read together with the exact manufacturer part number, current manufacturer instructions, labels, warnings, technical data, and applicable laws and site-specific procedures. Manufacturer instructions and product-specific documents control installation, use, inspection, maintenance, compatibility, capacity, removal from service, and disposal.
We work to keep Site information accurate. If you identify a possible error or need a current manual, drawing, certificate, safety data sheet, or other product document, contact us before ordering or using the product.
4. Products, specifications, and availability
Product availability, price, package quantity, lead time, and specifications may change. A product is not reserved until ESS accepts the order. We may limit quantities, discontinue products, or decline an order when reasonably necessary because of availability, manufacturer restrictions, suspected fraud, legal requirements, or an obvious listing error.
The exact manufacturer, model, part number, size, package quantity, material, rating, and configuration stated in an accepted ESS order acknowledgment or quote control the sale. Images and colors can vary because of lighting, displays, manufacturer revisions, or reasonable manufacturing tolerances. Those variations do not permit ESS to provide a materially different model, configuration, or substitute without your approval.
ESS will not knowingly substitute a different product, manufacturer, material, capacity, standard, or package quantity without the customer’s approval. If an ordered product becomes unavailable, we may offer a substitute or revised lead time, but you may decline the substitute and cancel the affected unshipped item for a full refund.
5. Safety-critical and regulated products
Many products sold by ESS are used in industrial, energy, construction, maintenance, foreign material exclusion, dropped-object prevention, confined-space, rescue, or fall-protection applications. Incorrect selection, incompatibility, improper installation, misuse, failure to inspect, or use beyond a product’s rating can cause serious injury, death, property damage, contamination, or operational loss.
The customer, employer, site owner, and qualified or competent persons responsible for the work must:
● Perform the required hazard assessment;
● Select products that are suitable and compatible with the complete system, environment, task, worker, and site procedure;
● Confirm current model-specific ratings, standards, limitations, and documentation;
● Provide all required training, supervision, inspection, maintenance, rescue planning, and recordkeeping;
● Follow manufacturer instructions, product labels, employer programs, and applicable laws and regulations; and
● Remove damaged, altered, expired, deployed, contaminated, or otherwise unserviceable equipment from use as required by the manufacturer and applicable procedures.
References to OSHA, ANSI, ISEA, ASTM, NFPA, ISO, or another standard apply only when the exact product and current manufacturer documentation support the stated claim. Buying a product described as compliant with or designed to a standard does not, by itself, make a workplace, program, system, installation, or task compliant.
Unless an ESS-signed statement of work expressly provides otherwise, ESS does not approve a customer’s safety program, certify an installation, assume an employer’s statutory duties, or act as the customer’s engineer, competent person, or qualified person. A customer or reseller must preserve and pass along all manufacturer instructions, labels, warnings, and product-specific limitations.
6. Orders and acceptance
Submitting an order is an offer to purchase. An automated email confirming receipt of an order is not acceptance. ESS accepts an order when we send a written order acknowledgment that expressly accepts it, ship the product, or begin authorized services, whichever occurs first.
We may contact you to verify payment, shipping, tax status, quantity, configuration, compatibility information, freight requirements, or an apparent error before acceptance. If ESS declines or cancels an order after payment has been captured, we will issue a prompt refund to the original payment method for the canceled amount.
You are responsible for reviewing the product name, part number, quantity, package quantity, options, shipping address, and requested delivery method before submitting an order or approving a quote.
7. Quotes, purchase orders, project orders, and services
An ESS quote is valid for the period stated on the quote. Unless the quote expressly says otherwise, freight, taxes, duties, expedited service, installation, training, and other services are not included. Manufacturer price or availability changes occurring after a quote expires may require a revised quote.
A purchase order does not bind ESS until ESS accepts it. Changes to an accepted order must be approved in writing and may affect price, lead time, freight, or cancellation rights.
Custom, configured, made-to-order, special-order, non-stock, logoed, cut-to-length, or project-specific products may require a deposit or advance payment and may become noncancelable and nonreturnable after ESS or the manufacturer begins work, orders material, or commits capacity. ESS will identify those restrictions in the quote, product page, or order acknowledgment before acceptance.
Paid on-site FME program support, walkdowns, training recommendations, cabinet configuration, program-development guidance, or other services require a written quote or statement of work. The customer must provide accurate scope information, safe and timely site access, required orientations and permits, applicable procedures, and a safe work environment. Schedule or cost changes caused by inaccurate customer information, restricted access, stop-work conditions, or customer-requested scope changes may require a written change order.
8. Prices, taxes, and payment
Unless stated otherwise, prices are in U.S. dollars. We may change posted prices prospectively, but a price change will not alter an order already accepted by ESS unless the customer approves a written change.
We may correct an obvious typographical, calculation, package-quantity, or pricing error before accepting an order. If we discover such an error after payment but before acceptance, we will give you the choice to approve the corrected order or cancel the affected item for a full refund.
You are responsible for applicable sales, use, excise, value-added, import, customs, and similar taxes or charges, except taxes imposed on ESS’s net income. A valid exemption or resale certificate must be provided before the applicable invoice is issued or as otherwise required by law.
Payment is due at checkout unless ESS approves written credit terms. For approved accounts, payment is due as stated on the quote or invoice. ESS may suspend unshipped orders or services if an undisputed amount is past due. To the extent permitted by law, a business customer is responsible for reasonable collection costs incurred to recover undisputed past-due amounts.
Payment processing may be provided by Shopify or another third-party payment provider. ESS does not receive or store every element of your full payment-card information.
9. Order changes and cancellations
Contact ESS as soon as possible if you need to change or cancel an order. A request is not effective until ESS confirms it in writing.
Stock items may generally be canceled before fulfillment begins. An order may not be cancelable after shipment, manufacturer release, fabrication, customization, or a nonrefundable supplier commitment. Any cancellation charge for a special or project order will be disclosed in the quote or order acknowledgment or will reflect documented, nonrecoverable costs already incurred.
If ESS cannot ship within a promised time, we will provide any delay notice, cancellation option, and refund required by applicable law. A refund for a canceled, unshipped order will be returned to the original payment method; it will not be replaced with store credit unless the customer affirmatively chooses store credit.
10. Shipping, delivery, title, and risk of loss
Our Shipping Policy is part of these Terms. Processing time and carrier transit time are different. Delivery dates, transit times, and manufacturer lead times are estimates unless an ESS-signed writing expressly guarantees a date. Selecting an expedited carrier service does not shorten manufacturer or order-processing time unless ESS confirms that separately in writing.
We may make reasonable partial shipments unless the order states that partial shipments are not allowed. Additional freight caused solely by an ESS-elected partial shipment will not be charged without customer approval.
Unless an accepted ESS quote states a different delivery term, title transfers after full payment and risk of loss transfers when conforming goods are duly delivered to the carrier. Risk of loss for goods that are materially nonconforming remains with ESS to the extent required by applicable law. ESS will reasonably assist with a timely carrier claim for loss or damage in transit.
Carrier delays caused by weather, labor disruption, capacity, routing, customs, security, or other circumstances outside ESS’s reasonable control do not create a guaranteed delivery date. This does not limit any nonwaivable right to cancel a delayed order or receive a refund.
For international orders, the customer is the importer of record unless the accepted quote states otherwise. The customer is responsible for import eligibility, permits, duties, taxes, brokerage, local compliance, and destination charges not expressly included in the quote.
11. Inspection, shortages, wrong items, and shipping damage
Inspect shipments promptly. When reasonably possible, note visible freight damage or missing packages on the carrier’s delivery record before signing. Preserve the product, packaging, labels, pallet, and shipping documents and take clear photographs.
Notify ESS as soon as reasonably possible—preferably within five business days—of visible shipping damage, a shortage, or a wrong item so that we can preserve carrier and supplier claim rights. Failure to report within that preferred period does not waive a right that cannot lawfully be waived, and latent defects remain subject to applicable warranty rights.
Do not install, modify, place into service, or return a reportedly wrong or damaged product until ESS provides instructions, unless immediate action is reasonably required to prevent injury or further property damage.
12. Returns, refunds, and warranty claims
Our Return and Refund Policy governs return eligibility and process and is incorporated into these Terms. Unless a product page, quote, or order acknowledgment states a different rule before purchase, a customer may request a return within 30 days after receiving an eligible product. The product must be unused, uninstalled, unaltered, complete, and in its original undamaged packaging.
All returns require prior authorization and return instructions from ESS. Do not send an item to ESS or a manufacturer without authorization. Unauthorized returns may be refused or may delay credit.
Custom, configured, made-to-order, special-order, non-stock, logoed, cut-to-length, opened safety-sensitive, final-sale, or manufacturer-restricted items may be nonreturnable when that restriction is disclosed before purchase. Testing, fitting, energizing, installing, deploying, contaminating, altering, or placing a product into service may make it used or nonreturnable, depending on the product and manufacturer requirements.
For an eligible discretionary return that is not caused by ESS error, shipping damage, or a verified defect, the customer is responsible for return shipping and any restocking fee disclosed before the return is authorized. ESS will pay or reimburse reasonable return shipping for a wrong item sent by ESS, verified shipping damage, or a verified defect covered by ESS or the manufacturer.
Approved refunds will be issued to the original payment method after receipt and inspection, normally within 10 business days. A financial institution may require additional processing time. Store credit will be used only when the customer agrees to it or when the original transaction itself used store credit.
A manufacturer warranty claim is different from a discretionary return. ESS may require photographs, serial or lot numbers, inspection, troubleshooting, or return to the manufacturer to determine warranty coverage. We will reasonably assist with a valid manufacturer warranty claim, but the manufacturer’s written warranty and remedy control unless ESS separately provides an express written warranty.
13. Warranties and warranty disclaimer
ESS warrants that, at the time of shipment, the products will materially conform to the manufacturer part number, configuration, condition, and quantity stated in the accepted order. Unless expressly identified as used, refurbished, or surplus, products will be sold as new.
Manufacturer warranties, if any, are provided under the manufacturer’s written terms and are passed through to the customer to the extent transferable. ESS does not expand, modify, or extend a manufacturer warranty unless an authorized ESS representative does so in a signed writing.
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE EXPRESS ESS WARRANTY ABOVE, AN APPLICABLE MANUFACTURER WARRANTY, AND ANY WARRANTY THAT CANNOT LAWFULLY BE DISCLAIMED, ESS DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ESS DOES NOT WARRANT THAT A PRODUCT WILL BE SUITABLE FOR AN UNDISCLOSED APPLICATION OR THAT PURCHASING A PRODUCT WILL MAKE A CUSTOMER’S WORKPLACE, PROGRAM, SYSTEM, INSTALLATION, OR TASK COMPLIANT WITH ANY LAW OR STANDARD.
This disclaimer does not erase or contradict an express product description, accepted specification, or written promise that forms part of the order.
14. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ESS NOR ITS OWNERS, EMPLOYEES, AGENTS, OR SUPPLIERS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF USE, LOSS OF PRODUCTION, BUSINESS INTERRUPTION, DOWNTIME, LOSS OF DATA, OR COST OF SUBSTITUTE OPERATIONS, ARISING FROM THE SITE, A PRODUCT, A SERVICE, OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ESS’S AGGREGATE LIABILITY ARISING FROM A PRODUCT, SERVICE, ORDER, OR RELATED SERIES OF EVENTS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO ESS FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
These limitations do not apply to ESS’s fraud, willful misconduct, gross negligence, or liability for personal injury to the extent a limitation is prohibited by law. They also do not limit a nonwaivable consumer right or a remedy that cannot lawfully be excluded. Some jurisdictions do not permit certain exclusions or limitations, so part of this section may not apply to you.
15. Business-customer indemnity
If you purchase on behalf of a business, government agency, institution, or for resale, you agree to defend, indemnify, and hold harmless ESS and its owners, employees, and agents from third-party claims, damages, fines, penalties, and reasonable legal costs arising from your or your downstream customer’s:
● Use of a product contrary to manufacturer instructions, warnings, ratings, or applicable law;
● Unauthorized modification, relabeling, repackaging, combination, installation, or resale of a product;
● Failure to preserve or provide manufacturer instructions and warnings;
● Negligent or willful act or omission; or
● Infringement caused by a customer-provided design, logo, specification, or other material.
This section does not require you to indemnify ESS for a claim to the extent caused by ESS’s negligence, willful misconduct, breach of these Terms, or violation of law.
16. Intellectual property
The Site and its original text, graphics, logos, layout, photographs, video, software, and other content are owned by or licensed to ESS and are protected by applicable intellectual-property laws. Manufacturer names, marks, product images, documents, and other third-party materials remain the property of their respective owners.
ESS grants you a limited, revocable, nonexclusive right to use the Site for lawful product research and purchasing. You may download or print product information for internal procurement, safety planning, training, or recordkeeping, provided you preserve all copyright, trademark, warning, and source notices.
You may not reproduce the Site for resale, publish a misleading copy, remove proprietary notices, falsely imply affiliation, or use ESS content or marks in a way that infringes rights or creates confusion.
17. Prohibited uses
You may not use the Site to:
● Violate any law, regulation, sanction, export control, or third-party right;
● Submit fraudulent orders, false payment information, malicious code, or unauthorized access attempts;
● Interfere with Site security, availability, checkout, accounts, or other users;
● Harvest personal information or send spam;
● Scrape or copy Site content at a volume or in a manner that disrupts the Site or republishes the catalog as a competing service; or
● Misrepresent product specifications, certifications, affiliation, authorization, or source.
Ordinary indexing by legitimate search engines and reasonable automated access that follows published technical controls and does not disrupt the Site are not prohibited by this section.
18. Third-party services and links
The Site may use or link to Shopify, payment processors, carriers, manufacturers, document hosts, analytics providers, chat tools, and other third parties. Their services may be governed by separate terms and privacy practices. ESS is not responsible for an unrelated third-party site or service merely because the Site links to it. This section does not reduce ESS’s responsibility for third parties acting as ESS’s service providers where applicable law makes ESS responsible.
19. Privacy and electronic communications
Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information. By using the Site, you acknowledge that policy.
You consent to receive order confirmations, quotes, invoices, shipping updates, delay notices, return instructions, security messages, and other transactional communications electronically. Marketing communications are governed by your separate consent and applicable law, and you may unsubscribe from marketing without affecting transactional messages.
20. International trade and export compliance
Products, technical information, and transactions may be subject to U.S. export controls, sanctions, import rules, and destination-country requirements. You may not purchase, export, reexport, transfer, or use a product in violation of those requirements. We may request end-user, destination, or intended-use information and may decline or suspend a transaction when reasonably necessary for compliance.
21. Events outside reasonable control
ESS is not liable for delay or failure caused by events outside its reasonable control, including severe weather, natural disaster, fire, epidemic, war, terrorism, civil disorder, government action, embargo, labor disruption, carrier interruption, cyberattack, utility or telecommunications outage, raw-material shortage, or manufacturer delay. ESS will use commercially reasonable efforts to communicate material delays and resume performance. This section does not remove a cancellation or refund right required by law.
22. Suspension and termination
We may restrict or terminate access to the Site or an account for fraud, unlawful conduct, security threats, repeated material breach, or misuse. Termination does not eliminate payment obligations or rights that arose before termination. Sections that by their nature should survive—including payment, intellectual property, warranties, liability limitations, indemnity, dispute terms, and general provisions—will survive.
23. Governing law and disputes
Before filing a lawsuit, the parties agree to make a good-faith effort to resolve the dispute. Send a written notice describing the order, relevant facts, requested resolution, and supporting documents to tina@energysafetysupply.com with the subject line “Legal Notice,” and by mail to the address below. The parties will allow 30 days after receipt for informal resolution, unless immediate relief is reasonably necessary or a limitations period would expire.
These Terms and transactions with ESS are governed by the laws of the State of Missouri, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to any nonwaivable right, exclusive jurisdiction and venue will lie in the state or federal courts located in the City of St. Louis, Missouri, and each party consents to those courts.
If you are a consumer, this section does not deprive you of mandatory protections or a forum that applicable law does not allow you to waive.
24. Changes to these Terms
We may update these Terms prospectively by posting a revised version and changing the “Last updated” date. The version in effect when ESS accepts an order governs that order unless the parties later agree otherwise in writing. A material change will not retroactively alter an accepted order.
25. General provisions
These Terms and the documents identified in Section 1 are the entire agreement for the Site and transactions they govern, except for a higher-priority signed agreement or ESS transaction document described in Section 1.
If a provision is held unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will continue. A waiver must be in writing and applies only to the specific instance. ESS may assign these Terms in connection with a merger, sale, reorganization, or transfer of the business; you may not assign an accepted order without ESS’s written consent. Headings are for convenience and do not change meaning.
26. Contact information
Energy Safety Supply
Operated by: ESS Investments
Email: tina@energysafetysupply.com
Website: https://www.energysafetysupply.com
For an order, return, or warranty question, include the order number and product part number. For a legal notice, use the subject line “Legal Notice.”