OilfieldSupply.com

Terms & Conditions of OilfieldSupply.com

Acceptance of Terms

These provisions set out the terms and conditions on which you may use the website OilfieldSupply.com (the “Site”) as a guest, customer or registered user (the “User”). The materials on this Site are provided by Drillingparts.com LLC dba OilfieldSupply.com (“We”) as a service to its Users and customers and may be used for informational purposes only. Terms and conditions, as well as all other documents including Privacy Policy, may be updated from time to time and such changes will be available on the Site. User should review Terms & Conditions periodically for changes. By viewing any materials from this Site and requesting a quote or purchase, you agree to these Terms & Conditions. If you do not agree to them, do not use the Site or purchase any materials from OilfieldSupply.com.

About OilfieldSupply.com

The Site’s Services are operated by Drillingparts.com LLC (“We”). We are registered in Fort Bend County, Texas, USA, and our legal registered address is 14019 SW Freeway Ste. 301-411, Sugar Land, TX 77478 -- USA.

Accessing Our Services

Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services provided through the Site without notice. We are not liable if for any reason the Services are unavailable at any time or for any period. Occasionally we may restrict access to any or all of the Services to Users for periodic updates to the Site.

User Responsibility

Any personal data or other information provided by User is processed by the Site in accordance to our Privacy Policy. By providing such personal data or information the User agrees to the terms of the Privacy Policy. All parts of our security procedures including the User’s identification login and password must be treated as confidential by User and should not be disclosed to any third party. We have the right to disable any User login or password, at any time, if in our opinion User has failed to comply with any these terms and conditions.

It is User’s responsibility to ensure that all information uploaded to the Site, including name, email and address, is accurate. User should verify all information before completing a purchase.

User of the Site is fully responsible and liable for all orders that originate under the User’s login name, password or email address. We are under no obligation whatsoever to inquire into the authorization for any order originating under User’s login name, password or email address, and we are fully authorized and entitled to rely upon and honor, at our sole discretion, any and all such orders.

By accessing and using the Site to make purchases, User confirms to be of legal age, 18 years of age or over.

Intellectual Property Rights

We respect the intellectual rights of others and we expect the Users and the Site’s Suppliers to do the same. Documents, information and services on this Site are copyrighted materials owned or licensed to us, our suppliers, our affiliates and Site’s information providers. We own or have licenses to all rights, title and interest in and to the Site’s Services, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, software, add-ons, renewals, extensions and restorations thereof. The software and content on the Site may be used only as a shopping and purchasing resource for User. It is strictly prohibited for User to modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any part of the Service. User must not extract or otherwise use any of the Site content and/or Service for commercial purposes without obtaining a license to do so from us or our licensors. We and our affiliates reserve the right to refuse service, terminate contracts and accounts, and/or cancel orders in our discretion, including without limitation, if we believe that User’s conduct violates applicable law or is harmful to the Site’s interests and/or its affiliates and Suppliers.

Description of OilfieldSupply.com's Service

When User decides to purchase goods on OilfieldSupply.com the resulting legal contract is between User and the Supplier and such contract shall be comprised of these terms and conditions, the terms of the email confirmation of User’s order and the applicable details on the product page. User agrees to be bound by all such provisions. User should carefully review all terms and conditions of the email confirmation of User’s order or the applicable details on the product page in relation to the order, including all warranty and return policy for the Supplier. If there is a conflict or inconsistency between these Terms and Conditions and the email confirmation of User’s order or the applicable details on the product page, these Terms and Conditions shall prevail to the extent of the conflict or inconsistency. All warranty and return policy information provided by each Supplier will prevail for the contractual purchase of each item by User. If User is not completely satisfied with an item purchased, the warranty and return policy applicable to that item are determined by the provisions provided by the Supplier, and this and any other such warranties (whether express or implied) are disclaimed by us to the fullest extent permitted by law. This disclaimer does not affect User’s statutory rights against the Supplier. When an order is processed through the Site, we may disclose to the Supplier all relevant information related to the User’s transaction. We do not review or control, and are not responsible in any way for, listings provided by Suppliers and at no time do we possess the items offered for sale by Suppliers through the Site.

Disclaimer of Warranties and Limitation of Liability

(a) To the fullest extent permitted by applicable law, we disclaim responsibility for any harm resulting from User’s participation in any part of the Site’s Services.

(b) We make no warranties as to the completeness or accuracy for any purpose of any information, text, graphics, links or other items contained in the Site’s content, including but not limited to product descriptions and Supplier information. OilfieldSupply.com or its Suppliers may make changes to the materials offered, or the products described therein, at any time without notice. We make no commitment to update these materials.

(c) The materials on and the operation of this Site is provided “as is” and “as available” and we disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose.

(d) In no event shall Drillingparts.com LLC, OilfieldSupply.com or its Suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use or inability to use the materials available on this Site, even if Drillingparts.com LLC has been informed of the possibility of such damages. This exclusion or limitation may not apply to some Users because some jurisdictions prohibit the exclusion or limitation of liability for consequential damages.

How contracts are formed between Users and Suppliers

Each order or purchase placed shall be deemed to be an offer by User to purchase the items specified within its subject to the Terms & Conditions and the applicable details on the product page, including the warranty and return policy by each Supplier. No order shall be deemed to be accepted by the Supplier until we (acting as the commercial agent of the Supplier) issue and email acknowledgement of the order. The contract between the User and a Supplier will relate only to those items listed and described in the email acknowledgement of the order.

If User is requesting a quote from a Supplier, the quote request is processed through the OilfieldSupply.com system. All such communication of the quote will be filtered through OilfieldSupply.com. If both the User and the Supplier agree to the terms and conditions of the quote, including but not limited to the price, quantity, lead time, delivery options, return policy and warranty offered by the Supplier, then the invoice and final purchase will be processed online at OilfieldSupply.com. Thereafter, the same terms and conditions shall apply as for any other order or purchase processed on the Site.

Prices and Availability

All prices for items on the Site shall be shown and payable in US Dollars. We do not and cannot guarantee that all items listed are in stock at any time for any Supplier. Available quantities shown as “in stock” may vary occasionally. No raincheck will be offered for items not in stock. Prices on the Site may vary at any time. If an order is processed and item is not in stock, User has the right to claim a full refund for the item, unless lead time and delivery is otherwise stated and negotiated in the order terms as specified in the email acknowledgement.

Sales taxes may apply to products purchased depending on User’s location, Supplier’s location and shipment destination. User is responsible for sales and other taxes associated with the order if User or shipment is located within the state of Texas or other US state where Supplier is located, unless User can present a valid tax exemption certificate applicable to the purchase. For any tax exemption, it is the responsibility of User to present a valid tax exemption certificate and its renewal annually as required by law.

Payment Methods

Purchases for items made with Suppliers may only be paid for using a credit or debit card through our secure payment facility (or any other payment method which we may make available occasionally for extended circumstances of User). By accepting and processing User’s payments related to the purchase of items from Suppliers, we act in the capacity of commercial agent of the Supplier. The Supplier acknowledges and agrees that the valid payment by User to us for the purchase of item(s) between the User and the Supplier will satisfy the User’s obligation to pay the Supplier for the relevant item(s) and consequently, any debt obligations by User to the Supplier for the purchase of such item(s) shall be extinguished at that time. Furthermore, the Supplier agrees that it will not seek recourse (legal or otherwise) against the User for payment of item(s) if User has validly paid on the Site or to Drillingparts.com LLC by some other means.

All prices shall be shown in US Dollars and payable in US Dollars. User accepts that some banks may charge an additional fee for certain transactions (for example, international transactions). User accepts that item prices displayed in US Dollars do not vary according to User’s location, although shipping costs, sales and other taxes may apply according to User’s location and delivery address, which are the sole responsibility of the User when completing a purchase.

Refusal of Transaction

We may refuse to process a transaction for any reason or refuse services on the Site to anyone at any time at our sole discretion. We will not be liable to User or any third party by reason of so refusing or by reason of reversing or suspending any transaction after processing has begun.

Shipping and Handling

User’s shopping cart on the Site displays the item(s) User has chosen to purchase, the Supplier who shall provide each item and details of shipping and handling. The shipping costs for each Supplier varies according to the delivery methods offered, the chosen courier, the type of service chosen as well as the locations of the Supplier, the User and the destination of the package(s). If User completes an order with items from more than one Supplier, the items will be shipped separately from each Supplier, and delivery charges may be different for each item. User is responsible for all shipping, handling, and other similar charges such as freight forwarding or customs charges, unless otherwise stated in order agreement. Any delivery times estimated are in business days. We will not be liable for any damages whatsoever, whether direct, indirect, special or consequential resulting from missed delivery dates.

Returns

If User would like to pursue a return, exchange or refund of any item purchased, User should contact the Supplier directly using the “Contact Supplier” facility on the Site in accordance to our Returns & Refunds Policy. Any returns or refunds shall be made by the Supplier according to the Returns & Refunds Policy.

Links

User may link to Site’s homepage provided that it is done so in a way that is fair and legal and does not damage our reputation or take advantage of it. User may not establish a link in such a way as to suggest any form of association, endorsement or approval from OilfieldSupply.com or Drillingparts.com LLC where none exists. We reserve the right to revoke the right granted in this clause for breach of these Terms & Conditions and to take any action we deem appropriate.

The Site must not be framed on any other website, nor may User create a link to any part of our Site other than the homepage. We reserve the right to withdraw linking permission at any time.

The Site may provide links to other websites for User’s information. If an outside link is activated, the User will leave the Site. Third party websites have not been reviewed by Drillingparts.com LLC and we have no control over such sites or resources. We therefore do not endorse nor make any representations about such third-party websites, or any material found on these websites, or any results that may be obtained from using these websites. If User decides to access any of the third-party websites linked to the Site, User must do so entirely at User’s own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from User’s utilization of these websites.

Uploading Material to the Site

Any material, comments or posting uploaded to the Site by User must not: (i) be defamatory of any person; (ii) contain content which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trademark of any other person or company; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent User’s identity or affiliation with any person.

All material that User uploads to the Site will be considered nonconfidential and nonproprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose User’s identity to any third party who is claiming that any material posted or uploaded by such User constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible or liable to any third party for the content or accuracy of any materials posted by Users. We have the right to remove any material, comment or posting a User makes on the Site.

Reviews and Ratings

User may leave reviews (“Reviews”) for a Supplier’s products. User may also rate products using a 1-5 star rating system (“Rating”). User must complete any Reviews honestly based on personal experiment with the Supplier’s products.

All Suppliers acknowledge and accept that their products’ Ratings and Reviews will be publicly available for viewing on the Site.

We are not responsible for editing nor analyzing the Reviews or Ratings on the Site, but occasionally we will check the content that has been posted. If we find any Reviews, comments or postings which, in our absolute discretion, are deemed illegal, defamatory, offensive or obscene, we reserve the right to immediately remove such posts without notification. We also have the right to investigate any Review, comment or posting which is reported to us as being illegal, defamatory, offensive or obscene and we may take whatever action we deem necessary in relation to that Review, comment or posting.

User agrees to indemnify and hold us and our affiliates (and their respective employees, directors and representatives) harmless against any claim or action brought by a third party, arising out of or in connection with any Reviews or Ratings left by User on the Site.

Viruses, Hacking and Other Offenses

User must not misuse the Site or any part of the Site’s Services by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful to the Site or its Users and Suppliers. User must not attempt to gain unauthorized access to the Site, the server on which the Site is stored, or any server, computer or database related to our Site. User must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. Any breach of this provision may constitute a criminal offense under the Computer Fraud and Abuse Act (CFAA). We will report any such breach to the relevant law enforcement authorities and will cooperate with law authorities by disclosing User’s identity as necessary. In the event of such a breach, User’s right to access our Site will be revoked immediately.

Waiver

If at any time we fail to insist upon strict adherence and performance of any of User’s obligations under these Terms & Conditions, or if we fail to exercise any of the rights and remedies to which we are entitled under these Terms & Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve User from compliance with such obligations. A waiver by Drillingparts.com LLC of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms & Conditions will be effective unless it is communicated in writing and specifically stated to be a waiver.

Severability

If any part of these Terms & Conditions is reasonably determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed, while the remaining terms, conditions and provisions will continue to be valid to the fullest extent permitted by law.

Entire Agreement

These Terms & Conditions as well as any documents referred to in them constitute the entire agreement between Drillingparts.com LLC, OilfieldSupply.com and User, and supersede and extinguishes all previous drafts, agreements, arrangements and understandings between both parties, whether written or oral, relating to its subject matter. Both Drillingparts.com LLC and User agree that neither party shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms & Conditions or any documents referred to in these provisions. Neither party shall have any claim for innocent or negligent misrepresentation based on any statement in these Terms & Conditions or any documents referred to in these provisions.

Force Majeure

In situations where we or a Supplier are prevented from or delayed in carrying out our obligations under these Terms & Conditions due to circumstances beyond our or the Supplier’s reasonable control, including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labor disputes (whether or not related to the Supplier’s personnel), or restraints or delays affecting delivery carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Supplier’s (as the case may be) performance of such obligations shall be postponed for the period of time that the circumstances continue.

Law and Jurisdiction

This Site is managed by Drillingparts.com LLC from within the United States of America. Users who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. User may not use nor export materials contained in this Site in violation of U.S. export laws and regulations. Contracts for the purchase of goods through the Site as well was any claim relating to this Site shall be governed by the internal substantive laws of the State of Texas. We reserve the right to make any modifications to the Site and these terms, conditions and provisions at any time.

Contact Us

We welcome general comments about the Site, so please Contact Us. If User has any complaint about a particular order, please contact the Supplier directly. To report any other issue, including claims that could not be resolved with a Supplier directly, please Contact Us.

Last updated: June 18, 2020
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