The validity, construction and enforcement of the purchase agreement between ESMENA USA LLC and Buyer, including the use of this website and services, shall be governed by and interpreted under the laws of the State of Ohio. In the event of any dispute arising out of this agreement, Buyer consents to the personal jurisdiction of the federal and/or state courts located in the County of Hamilton, State of Ohio, United States of America.

Acceptance of Buyer’s order is conditioned upon Buyer’s assent to the following terms and conditions.

Payment and Pricing Policy

Terms of payment are within the sole discretion of Esmena USA LLC, and unless otherwise agreed to by Esmena, payment must be received by Esmena prior to acceptance of an order. Payment for the products will be made by credit card or some other prearranged payment method unless credit terms have been agreed to by Esmena. We accept all major credit cards: Visa, MasterCard, Amex, and Discover. For alternative payment methods, call 1-800-500-9141.

Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Esmena may invoice parts of an order separately. Orders are not binding upon Esmena until accepted by Esmena. Any quotations given by Esmena will be valid for the period stated on the quotation.

Prices reflect Buyer's cost in U.S. currency. Buyers located in Ohio, New Jersey, and Texas will be charged sales tax. Product prices do not include shipping, applicable federal, state, and local taxes, additional delivery charges, or special crating requirements for export shipment. Buyer shall pay all such costs, taxes, and charges. Tax exempt customers call 1-800-500-9141 for information, or fax your order to 1-800-500-9131 along with the tax-exempt certificate.

Product Prices, availability, and specifications are subject to change without prior notice. Any typographical, photographic, or specification error in product, pricing, or offers is subject to correction. We strive to provide accurate pricing, but despite our best efforts, pricing errors may occur. In the event a product is listed at an incorrect price due to typographical, photographic, technical error, or error in pricing information received from our suppliers, Esmena reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will, of course, have an opportunity to purchase the item at the correct price, if you wish to do so. Additionally, catalog prices may differ from prices at shelving-direct.com. If price discrepancies occur, web site prices at www.shelving-direct.com will prevail. Any confirmation of sale, including internet, fax, or other confirmation, remains subject to corrections to pricing, product description and/or specification.

Delivery Policy

Shipping Terms. Unless otherwise requested by Buyer, we will ship your order prepaid via UPS, Common Carrier, or Courier. Stock items generally ship within 1 to 3 business days of placing the order. Non-stock items are shipped directly from the supplier, and timing of shipment will be confirmed following placement of the order. Shipping, handling, and packaging charges must be prepaid and added to the invoice. Any extra charges for services requested by Buyer, i.e., special routing, inside delivery, or pre-delivery notification must be paid by buyer, and will be added to the shipping charges at order confirmation.

• Inside Delivery - Esmena can only guarantee delivery to just inside the door of your building. The driver will not deliver up/down a staircase and may not be required to deliver beyond 10 feet of the building door. Please note that inside delivery to a building without a truck-high loading dock also requires liftgate service.
• Liftgate – Ground delivery. Without liftgate service, driver is only required to provide service to back end of trailer. Please note that 96” wide shelving units cannot utilize liftgate as trucks with liftgate are only 84” wide. Please call customer service with questions/concerns at 1-800-500-9141.
• Residential delivery - Required on all deliveries to a residence. Does not include liftgate service or inside delivery.
• Notify before delivery - Trucking Company will call to coordinate delivery time, which is typically a four-hour window.

Freight Charges. Our web site provides our customers with information regarding freight charges applicable to shipments in all of the Continental United States, with the exception of Alaska. We will be happy to provide you a freight quote for shipment to areas outside the Continental United States, including Alaska, Hawaii, Puerto Rico, Guam or any other U.S. location. Please call our customer service at 1-800-500-9141 for a freight quote.

Customer Pick-Up. You can select this option and pick up stock products, where available, in order to avoid shipping charges:

• Stock Products. These are available for pick-up at Cincinnati, OH; Dallas, TX; and Ramsey, NJ. Not all stock products are available at every location. Clearance items are only available in Dallas, TX.
• Non-Stock Products. Certain non-stock products may not be available for pick-up. Additionally, locations which have non-stock products vary according to product manufacturer.

If you select the customer pick-up option and additional charges apply due to unavailability of the product at the selected location, we will immediately contact you prior to shipping the product for your approval on the additional shipping charges.

Please contact us at 1-800-500-9141 for additional information on shipping locations. Stock availability is subject to change without further notice. If your order is not entirely available at one location, we will contact you for your approval on shipping charges, and we can ship the remaining product to that location at your expense.

Receipt of goods. Remember: You are the final inspector. Please confirm that your order is received without damage. Any deviation should be noted upon the carrier's bill of lading for damage and/or shortage.

If you have questions or concerns or you want to request any of these services, please contact customer service at 1-800-500-9141, or e-mail us at info@shelving-direct.com.

Damages/Replacements/Return Policy

Damages. Remember: You are the final inspector. Upon receipt of your order, please thoroughly inspect your order and confirm that it is received in full and without damage. You will then be required to sign for the shipment and if you do sign it clear, you confirm that your order has been delivered complete and in good condition, which discharges the freight company and the shipper from any responsibility. If you are not the person receiving the product, please give instructions to the person in charge to comply with these requirements. Any deviation in your order should be noted upon the carrier's delivery receipt for damage and/or shortage and reported to Esmena customer service at 800-500-9141 as soon as possible, but in no event later than 30 days of receipt. Any damage and/or shortage noted on the carrier’s delivery receipt will be immediately replaced at no additional charge, including freight costs for return or replacement, if the notification is received within 30 days. Failure to perform any of these conditions may cause additional charges for returns or replacements to be incurred. In the event concealed damage is found, it must be reported to Esmena within 24 hours of discovery of the damage, but in no event later than 30 days of receipt in order to file a claim and comply with trucking rules and regulations. Please contact customer service for returns or replacements, at 1-800-500-9141 or by e-mail at info@shelving-direct.com. For all prepaid returns, you are advised to retain the tracking number for reference in the unlikely event the package is not received. Notes and exceptions:

• All credits are for price paid at time of order including discounts.
• Keep all packing material and literature in the event a return is necessary.
• Credit will not be given on special orders for any reason. However, exchanges may be allowed if requested within 30 days of the invoice date.
• Return the product within 5 business days after receiving the RA# to receive credit.
• Obtaining an RA does not guarantee credit. Read below policy to make sure your return falls under these guidelines.

Return Authorization. Esmena has a 30-day return policy subject to certain limitations. To process a return, you must obtain a return authorization (RA) by calling Customer Service at (800) 500-9141 or by sending an e-mail to info@shelving-direct.com. Return authorization is subject to Esmena's shipping and return policies. Shipping costs may be applicable. Items returned without an RA number will be refused. Esmena reserves the right to refuse any return for any reason or for no reason at all.

Unopened, unused products returned for credit. In most cases we will refund your money (possibly less a 25% restocking fee) within 30 days of purchase date on most products. To return items, you must obtain a return authorization (RA) number and correct return address. Items returned must be shipped prepaid; collect shipments will be refused. If an item is not complete and resalable, credit will not be issued and a handling fee may be charged. Some manufacturers will not accept returns for any reason at all.

Unopened, unused products returned for replacement with another item. Replacements will be treated as a new order. Follow above instructions for returning unopened, unused products. Your new order will be processed, credit card billed and product shipped immediately. Credit for the returned item will be issued upon receipt and inspection.

Defective/incorrect product returned for replacement. We will replace most defective/incorrect items within 30 days of delivery date. Returns of defective/incorrect product will be arranged by Esmena and must be accompanied by original order number. We will ship a replacement immediately. If it is determined the item returned is not defective / incorrect, you will be subject to ALL additional charges, including return shipping and call tag fees if applicable.

Defective product returned for credit. We will issue a credit for most defective items within 30 days of delivery date. Returns for replacement must include all product and literature in original packaging and must be accompanied by original order number. We will issue a credit upon receipt and inspection of the product. If it is determined the item is not defective, you will be subject to ALL return shipping charges, including call tag fees if applicable and a 25% restocking fee.

Non defective items that have been used may not be returned for credit or replacement. Non defective items that have been opened or have a broken seal may be returned, however, they may be subject to a 25% restocking fee. We are not liable if you order the wrong product. We do our best to provide complete, accurate descriptions about all items we sell. To ensure that you are ordering the correct item, call our customer service department during normal business hours. Since product specifications change often, any uncertainties should be addressed before a purchase is made. Manufacturers will not allow opened, non-defective items to be returned for credit or exchange.

Refused shipments. Individuals who refuse delivery on shipments will be charged a 25% restocking fee and shipping is non refundable.

Warranties and Liabilities

We stand behind our products with a 30-day money back guarantee. All products manufactured by Metal Point are warranted to be free from defects in material and workmanship under normal use and service for the product’s lifetime. Warranties on all other products are provided directly by the manufacturer/supplier and will meet minimum requirements by law. The warranty for a product sold by Esmena is included in the documentation accompanying the product as provided by that product’s manufacturer, or can be requested from Esmena or directly from the manufacturer.

ESMENA USA LLC disclaims all other warranties, express or implied, concerning all products. ESMENA USA LLC specifically disclaims any warranties of merchantability or fitness for a particular purpose. In no event shall ESMENA USA LLC accept liability for any damages, including consequential, indirect, or special lost profits, arising out of the use or inability to use any products. ESMENA USA LLC’s damages are limited exclusively to product replacement or return of purchase price. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

Products sold by Esmena are designed to meet stated U.S. safety standards and regulations. Because local safety standards and regulations vary, Esmena cannot guarantee that our products meet all applicable requirements in each locality. The purchaser assumes responsibility for compliance with such safety standards and regulations in those localities in which the products will be shipped, sold and used. MSDS sheets are available for certain products upon request.

Condition of Use

The shelving-direct.com web site (the "Site") is presented for legitimate business and commercial use only. Materials presented at the Site may be downloaded and printed exclusively for legitimate business and commercial use. No materials presented at the Site may be otherwise reproduced, in whole or in part, retransmitted or distributed without the written permission of Esmena USA LLC.

All orders submitted to shelving-direct.com via electronic mail are subject to approval by Esmena USA LLC.

Esmena USA LLC uses reasonable efforts to include accurate and up-to-date information on the Site, but does not warrant that it is free of errors or omissions. Because of continuing improvements and product development, actual products may differ slightly from photo. Esmena USA LLC will not be liable for any damages to the end-user, whether direct, consequential or incidental, arising from the end-user's use of, or reliance upon, material presented at the Site. Esmena USA LLC will not be liable for any damages to, or viruses that may infect, your computer or related equipment as the result of your access to, use of, or downloading material from, the Site.

Security

All transactions occur over secure SSL connections. All certificates required to ensure both authentication and security are hosted by VeriSign. Fraud protection is supported with Address Verification Service (AVS).

Contact us

Email:	info@shelving-direct.com
Fax:	800-500-9131
Phone:	800-500-9141
Mail:	Customer Service Department Esmena USA LLC 10660 Millington Court Cincinnati, OH 45242 USA