Terms & Conditions

Effective: 05/06/2019

 

Acceptance of Terms & Conditions

PBE Jobbers Warehouse, INC. provides certain features and services to you when you visit www.pbejobbers.com, or when you receive or use any of PBE Jobbers Warehouse, INC.'s printed catalogs or purchase any product from PBE Jobbers Warehouse, INC. by any other method (each of the foregoing is singly a "Service" and collectively, the "Services"). By purchasing products or using any of the other Services, you agree that you have read, understood and agree to be bound by all of the provisions set forth herein and the terms and conditions on any quotation, order acknowledgment, invoice or other form you receive from PBE Jobbers Warehouse, INC., all of which constitute a single agreement between you and PBE Jobbers Warehouse, INC. (collectively, the "Terms and Conditions"). The Terms and Conditions constitute the exclusive agreement between you and PBE Jobbers Warehouse, INC. with respect to the Services and the content accessed through the Services (the "Content"); provided. Our failure to assert a right or insist upon compliance with any term or condition shall not constitute a waiver of that right or excuse any subsequent noncompliance. If any provision of the Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms and shall not affect the validity and enforceability of any remaining provisions.

Effective Date and Changes in Terms

The Terms and Conditions are effective as of the version date set forth on the top right corner of the Terms and Conditions. From time to time PBE Jobbers Warehouse, INC. may update these Terms. Your use of the PBE Jobbers Warehouse, INC. Property after any changes to these Terms are posted constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. PBE Jobbers Warehouse, INC. may, in its sole discretion, and at any time, change or discontinue the PBE Jobbers Warehouse, INC. Property or any part thereof, with or without notice, or may prevent your use of the PBE Jobbers Warehouse, INC. Property with or without notice. You agree that you do not have any rights in the PBE Jobbers Warehouse, INC. Property and that PBE Jobbers Warehouse, INC. will have no liability to you if the PBE Jobbers Warehouse, INC. Property is discontinued or your ability to access the PBE Jobbers Warehouse, INC. Property or any content you may have posted on the PBE Jobbers Warehouse, INC. Property is terminated. That notice may be given by making a revision to the Terms and Conditions and changing the version date shown at the top right.

Terms of Access

Preamble

Please review these Terms of Access. All access to and use of this site and all websites, applications, or other services on which these terms reside (collectively the “PBE Jobbers Warehouse, INC. Property”), and the features and functions on this PBE Jobbers Warehouse, INC. Property, are subject to these Terms of Access including any terms, conditions, policies and notices linked or referenced from here (“Terms”). The PBE Jobbers Warehouse, INC. Property is owned and/or controlled by PBE Jobbers Warehouse, INC. and its subsidiaries, division, affiliates, and brands (collectively, “PBE Jobbers Warehouse, INC.”). By accessing the PBE Jobbers Warehouse, INC. Property in any way, including, without limitation, browsing the PBE Jobbers Warehouse, INC. Property, using any information contained on or in the PBE Jobbers Warehouse, INC. Property, and/or submitting information to PBE Jobbers Warehouse, INC., you agree to and are bound by the Terms, including, but not limited to, conducting transactions electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Wisconsin law.

By accessing or linking to the PBE Jobbers Warehouse, INC. Property, you assume the risk that the information on the PBE Jobbers Warehouse, INC. Property may be incomplete, inaccurate, or out of date, or may not meet your needs and requirements. PBE Jobbers Warehouse, INC. may add, change, discontinue, remove or suspend any of the information, features and other content included in the PBE Jobbers Warehouse, INC. Property at any time, without notice and without liability. Due to the open nature of the PBE Jobbers Warehouse, INC. Property, and the potential for errors in the storage and transmission of digital information, PBE Jobbers Warehouse, INC. does not warrant the accuracy of information contained on or obtained from the PBE Jobbers Warehouse, INC. Property.

Grant of Limited Use License

PBE Jobbers Warehouse, INC. grants you a limited, nonexclusive, non-transferable license to access and use the Services and the Content only in accordance with and for the purposes set forth in the Terms and Conditions. You do not have permission to access or use the Services or the Content in any way or for any purpose that involves a violation of the Terms and Conditions. You may only use PBE Jobbers Warehouse, INC.'s websites, other electronic media authorized by PBE Jobbers Warehouse, INC. and PBE Jobbers Warehouse, INC.'s printed catalogs to access the Content of PBE Jobbers Warehouse, INC.. PBE Jobbers Warehouse, INC. retains the right to terminate your limited use license at will, at any time. 

PBE Jobbers Warehouse, INC. Content

Content on the PBE Jobbers Warehouse, INC. Property that is provided by PBE Jobbers Warehouse, INC. or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product, service and program names, slogans, and the compilation of the foregoing ("PBE Jobbers Warehouse, INC. Content") is the property of PBE Jobbers Warehouse, INC. or its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display, or use any PBE Jobbers Warehouse, INC. Content for use in any publications, in public performances, or on websites or applications other than the PBE Jobbers Warehouse, INC. Property for any unpermitted commercial purpose, in connection with products or services that are not those of PBE Jobbers Warehouse, INC., in any other manner that is likely to cause confusion, that disparages or discredits PBE Jobbers Warehouse, INC. and/or its licensors, or that dilutes the strength of PBE Jobbers Warehouse, INC.’s or its licensor's intellectual property, or that otherwise infringes PBE Jobbers Warehouse, INC.’s or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree not to misuse any PBE Jobbers Warehouse, INC. Content or User Content (defined below) in any other manner.

Third Party Technology, Websites and Applications

The PBE Jobbers Warehouse, INC. Property may include third party technology, services, software, applications, and links to third party websites (“Technology”). PBE Jobbers Warehouse, INC. is not responsible for the practices or policies of such third parties, nor the content of any third party website or application, and does not make any representation regarding third party product or Technology, or content or accuracy of any material on such websites or applications. If you decide to use any such third party website or application, you do so at your own risk.

Representations and Limitations of Liability

PBE Jobbers Warehouse, INC. makes no representations about the reliability of the features or functions of the PBE Jobbers Warehouse, INC. Property, the Content, or any other PBE Jobbers Warehouse, INC. Property feature or function, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. PBE Jobbers Warehouse, INC. makes no representations regarding the amount of time that any Content will be preserved. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by PBE Jobbers Warehouse, INC. without the prior review and written approval of PBE Jobbers Warehouse, INC..

This site is provided on an “as is, as available” basis. No warranties, express or implied, including but not limited to those of merchantability, non-infringement, title, accuracy or fitness for a particular purpose, are made with respect to this site or any information or technology therein. Under no circumstances, including negligence, shall PBE Jobbers Warehouse, INC. or its licensors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result from the use of or inability to use this site, nor shall PBE Jobbers Warehouse, INC. or its licensors be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond PBE Jobbers Warehouse, INC.’s or its licensors’ reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorized access to this site's records, programs, or services. Under no circumstances, including but not limited to a negligent act, will PBE Jobbers Warehouse, INC., its affiliates, agents, or licensors be liable for any damage of any kind that results from the use of, or the inability to use, the site, even if PBE Jobbers Warehouse, INC. has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.

Cross-Reference Information

Product cross-reference comparisons or product alternatives that are presented do not imply that products are available or perfectly comparable. Cross-referenced products or product alternatives are not represented or warranted as functional or performance equivalents. Customer shall review all cross-referenced product or product alternative specifications prior to purchase and use to determine suitability of the product for customer's intended use.

Hypertext Links

The PBE Jobbers Warehouse, INC. Property may be linked to other sites which are not maintained by PBE Jobbers Warehouse, INC.. PBE Jobbers Warehouse, INC. is not responsible for the content of or privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by PBE Jobbers Warehouse, INC. of the linked sites. PBE Jobbers Warehouse, INC. disclaims any liability for links: (a) from another site to the PBE Jobbers Warehouse, INC. Property, and (b) to another site from the PBE Jobbers Warehouse, INC. Property. In order to link to the PBE Jobbers Warehouse, INC. Property all users must comply with the PBE Jobbers Warehouse, INC. Linking Terms.

Privacy Policy

This notice describes the information practices of PBE Jobbers Warehouse, INC. as it relates to the website on which this policy is posted. It does not apply to information we might collect on other sites or in other forums, including by email or offline.

Your Choices

Recipients of our e-mail marketing messages can unsubscribe from receiving promotional e-mail by using the unsubscribe instructions located at the bottom of the message, or by sending a request with “unsubscribe” in the subject line to marketing@pbejobbers.com

Links and Third-Party Collection

The Sites contain links to other sites that are not owned, maintained, operated, or endorsed by or for PBE Jobbers Warehouse, INC. and not subject to the same privacy and other policies. The inclusion of any link to such sites does not imply any recommendation or sponsorship of such sites. You should read the other site’s privacy policies to understand how personal information collected about you is used and protected. The Sites also contain third party technologies that collect non-personally identifiable information from you directly. This includes third party social sharing buttons. These third parties might use passive tracking techniques such as cookies or web beacons to collect your information. PBE Jobbers Warehouse, INC. does not control these third parties. To learn more about their activities, please visit their websites and privacy policies.

Non-US Users

The Sites are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States and by using the Sites/giving your information, you consent to such transfer, and understand that the U.S. may not provide the same level of protections as the laws of your country.

Common Tracking Technologies

We use common tracking technologies on our website. We may use these tools on other platforms too, like email and social media sites.  (In this document we call all of these platforms “Sites”). We collect personal information about users over time and across different Sites when you use these Sites. We also work with third parties that collect personal information this way. To do this, we or the third parties we work with use several common tracking tools. These may include browser cookies. We may also use web beacons, pixel tags, flash cookies, and similar technologies.

Tracking Technologies Uses

Tracking technologies are used to understand the activities and behaviors of our customers. They are also used to better understand our Site users. We, or third parties we work with, do this for many reasons, including the following:

  • To recognize new visitors to our Site.
  • To recognize past visitors. 
  • To present more personalized content.
  • To improve your online experience.
  • To optimize your shopping experience.
  • To provide Site and service enhancements. 
  • To serve customized content and ads.
  • To better understand the interests of our customers.

Our ads may be based on information you submit on our Site or Sites run by third parties. It may also be based on other interactions you have with us or our content. This might include emails you get from us. We work with third parties who help gather this information. These third parties might link personal information such as your name or email address to other information they may have. That might include past purchases made offline or online or it might include other online activities and behaviors.

The information we collect enables us to learn about what purchases you made, what ads or content you see, what ads you click, and other actions you take on our Site.  This allows us to provide you with more useful and relevant ads. For example, if we know what ads you are shown we can try not to show you the same ones repeatedly.

Terms of Sale

Wholesale Only

PBE Jobbers Warehouse, INC., Inc. ("PBE Jobbers Warehouse, INC.") sells its complete offering wholesale to business customers.

Prices

Prices listed are wholesale, do not include freight, handling fees, taxes, and/or duties, and are subject to correction or change without notice. PBE Jobbers Warehouse, INC. reserves the right to accept or reject any order.

Sales Tax

Customer is responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate.

Payment and Credit Terms

For customers with established PBE Jobbers Warehouse, INC. credit, payment terms are on file with the Credit department. All credit extended by PBE Jobbers Warehouse, INC. and the limits of such credit, is at PBE Jobbers Warehouse, INC.’s sole discretion, and may be reduced or revoked by PBE Jobbers Warehouse, INC. at any time, for any reason. PBE Jobbers Warehouse, INC. reserves the right to charge a convenience fee for late payments. All payments must be made in U.S. dollars. PBE Jobbers Warehouse, INC. has the right of set-off and deduction for any sums owed by the customer to PBE Jobbers Warehouse, INC.

If the customer fails to make payment within payment terms, or fails to comply with PBE Jobbers Warehouse, INC.’s credit terms, or fails to supply adequate assurance of full performance to PBE Jobbers Warehouse, INC. within a reasonable time after requested by PBE Jobbers Warehouse, INC. (such time as specified in PBE Jobbers Warehouse, INC.'s request), PBE Jobbers Warehouse, INC. may defer shipments until such payment or compliance is made, require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys’ fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order.

Additionally, customer, and each of its subsidiaries and affiliates, agrees to provide to PBE Jobbers Warehouse, INC. proper authorization necessary for PBE Jobbers Warehouse, INC. to request any financial information from third parties.

Customer agrees to assume responsibility for, and customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by customer, its subsidiaries and affiliates. Each of customer’s subsidiaries and affiliates purchasing from PBE Jobbers Warehouse, INC. are jointly and severally liable for purchases with customer, and customer is also acting as agent for such subsidiaries and affiliates.

Limited Product Warranty

Except as set forth herein and where applicable, no warranty or affirmation of fact or description, express or implied, is made or authorized by PBE Jobbers Warehouse, INC. PBE Jobbers Warehouse, INC. disclaims any express or implied warranties of merchantability, fitness for a particular purpose or noninfringement of intellectual property rights. PBE Jobbers Warehouse, INC. also disclaims any liability for claims arising out of product misuse, improper product selection, improper installation, product modification, mis-repair or misapplication. PBE Jobbers Warehouse, INC. expressly disclaims any liability for consequential, incidental, special, exemplary, or punitive damages to the extent permissible. PBE Jobbers Warehouse, INC.'s liability in all events is limited to the purchase price paid for the product that gives rise to any liability.

Your Obligations - Compliance

You warrant, represent and agree: (1) to comply with all laws; (2) that our sale and shipment of any product ordered by you will not, by export thereof, your legal status or otherwise, cause us to violate any law; and (3) to indemnify us against any damages, losses and costs incurred from a failure by you to comply with any law or the Terms and Conditions or from any unlawful use by anyone of any product ordered by you. 

Catalog/Website Information

PBE Jobbers Warehouse, INC. is a distributor of products and information about the products in the PBE Jobbers Warehouse, INC. catalog or web site is provided by the manufacturers and/or suppliers. Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to, any PBE Jobbers Warehouse, INC. catalog, literature or websites does not constitute the right to purchase products. PBE Jobbers Warehouse, INC. reserves the right to revise publishing errors in its catalogs or any of its websites. Despite our efforts, occasional pricing errors may occur in the PBE Jobbers Warehouse, INC. catalogs and websites. PBE Jobbers Warehouse, INC. reserves the right to cancel any and all orders resulting from such pricing errors, even if customer has received an order confirmation from PBE Jobbers Warehouse, INC..

Safety Data Sheets

Safety Data Sheets (“SDS”) for OSHA defined hazardous substances are supplied by the manufacturers and/or suppliers. PBE Jobbers Warehouse, INC. makes no warranties and expressly disclaims all liability to any customer or user with respect to the accuracy of the information or the suitability of the information in any SDS. Customer end user is solely responsible for any reliance on or use of any information, and for use or application of any product. 

Product Information – California Proposition 65

The State of California requires that certain warnings be given concerning products which contain chemicals subject to Proposition 65. A complete list of Proposition 65 regulated chemicals is available at www.oehha.ca.gov.

Information about products subject to California Proposition 65 is as provided by our supplier. We make no warranty or representation concerning that information and will have no liability therefore. Some products sold by us contain ingredients known to the state of California to cause cancer and birth defects or other reproductive harm.

Intellectual Property

Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights (“IP”) reserved by PBE Jobbers Warehouse, INC., or any IP owned by manufacturers and/or suppliers to PBE Jobbers Warehouse, INC.. All materials contained in PBE Jobbers Warehouse, INC. catalogs or on its web sites are subject to the ownership rights of PBE Jobbers Warehouse, INC. and its manufacturers and/or suppliers. Customer shall have no right to copy or use any IP of PBE Jobbers Warehouse, INC. or its manufacturers and/or suppliers without PBE Jobbers Warehouse, INC.'s permission.

Independent Contractors

PBE Jobbers Warehouse, INC. 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 does not have the right to bind or otherwise obligate PBE Jobbers Warehouse, INC. in any manner, nor may customer represent to anyone that it has the right to do so.

Product Returns Summary

PBE Jobbers Warehouse, INC. accepts product returns that meet all of the criteria we have established. Returned product must be in original packaging, unused, undamaged, and in saleable condition. Product returns may be denied or made subject to restocking fees and other charges by PBE Jobbers Warehouse, INC.. Customer will contact their servicing PBE warehouse’s Customer Service Representative or Sales Territory Manager to request a return good authorization (RGA). All returns require an RGA.

For a complete copy of our return policy, please contact our customer service department.

Materials of Trade

Customer represents that if it is purchasing products as its “materials of trade,” as defined in the Hazardous Materials Regulations in Title 49 of the Code of U.S. Federal Regulations, the products shall be used in direct support of customer’s business, such business does not concern transportation, and such products shall not be resold or transported in a vehicle other than one owned by customer.

Force Majeure

PBE Jobbers Warehouse, INC. shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of PBE Jobbers Warehouse, INC. in the conduct of its business.

No Third Party Benefit

The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto. Waiver, Choice of Law and Venue.

Waiver, Choice of Law and Venue

The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Wisconsin, excluding its conflict of law rules, and venue shall either be in the state courts in Dane County, Wisconsin.

Severability

If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.

Modification of Terms

PBE Jobbers Warehouse, INC.’s acceptance of any order is subject to customer’s assent to all of the terms and conditions set forth herein. Customer's assent to these terms and conditions shall be presumed from customer's receipt of PBE Jobbers Warehouse, INC.’s acknowledgment, or from customer’s acceptance of all or any part of the products ordered. No additions or modifications of PBE Jobbers Warehouse, INC.’s terms and conditions by customer shall be binding upon PBE Jobbers Warehouse, INC., unless agreed to in writing by an authorized representative of PBE Jobbers Warehouse, INC.. If a purchase order or other correspondence submitted by customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in PBE Jobbers Warehouse, INC.’s acknowledgment, PBE Jobbers Warehouse, INC.’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by customer, and will not constitute a waiver by PBE Jobbers Warehouse, INC. of any of the terms and conditions contained herein or in PBE Jobbers Warehouse, INC.’s acknowledgment.

Complete Agreement

The terms and conditions in: (i) PBE Jobbers Warehouse, INC.’s forms; (ii) acknowledgments; (iii) quotations; (iv) invoices; (v) web sites; (vi) catalogs; and (vii) extension of credit are incorporated herein by reference, and constitute the entire an exclusive agreement between customer and PBE Jobbers Warehouse, INC..