Terms and Conditions of Loading Dock Supply, LLC

Last Updated: July 27, 2025

These Terms and Conditions ("Terms") incorporate and govern the Return Policy, Freight Policy, Warranty Provisions, Disclaimers, Limitation of Liability, Privacy Policy, Security Measures, Terms of Use, Governing Law, and all related matters pertaining to transactions, products, and services provided by Loading Dock Supply, LLC ("Company"). By placing an order, accepting delivery of products ("Products"), accessing the Company's website ("Website") at loadingdocksupply.com, or otherwise engaging in any transaction with the Company, any purchaser, customer, or user ("Purchaser" or "User") expressly agrees to be bound by these Terms in their entirety, without modification or exception. These Terms supersede any prior understandings, agreements, or representations, whether oral or written, and may only be amended in writing signed by an authorized representative of the Company.

For questions regarding our Privacy Statement, its implementation, or our general practices, please contact us at: LOADINGDOCKSUPPLY@GMAIL.COM.

Section 1: Return, Freight, Payment, and Order Policies

These Return, Freight, Payment, and Order Policies govern all transactions, including but not limited to sales, shipments, returns, freight arrangements, payments, and order processes, entered into between the Company and the Purchaser.

1.1 Return Policy

1.1.1 Non-Returnable Nature of Products

Due to the bespoke, customized, and specialized nature of the loading dock Products offered by the Company, all Products shall be deemed non-returnable and ineligible for refund, exchange, credit, or any other form of reimbursement, except as expressly provided herein. No exceptions shall apply unless explicitly authorized in writing by the Company.

1.1.2 Authorization for Returns

In the limited circumstances where a return is permissible, as determined solely by the Company, the Purchaser must obtain prior written authorization in the form of a Return Merchandise Authorization (RMA) from the Company. The RMA number must be conspicuously displayed on the exterior of all cartons and prominently noted on the Bill of Lading (BOL). Any attempted return without a valid RMA shall be rejected outright, and the Purchaser shall remain fully liable for all associated costs, including but not limited to shipping, handling, and storage fees.

1.1.3 Shipping Requirements for Returns

All authorized returns shall be shipped exclusively on a freight prepaid basis to the original shipping address designated by the Company, with the exact RMA number indelibly marked on the BOL. The Purchaser shall bear all risks of loss or damage during transit and shall ensure that the Products are returned in their original condition, packaging, and configuration. Failure to comply with these requirements shall result in automatic denial of the return and forfeiture of any potential refund.

1.1.4 Restocking Fees

Upon acceptance of an authorized return, the Company shall impose a restocking fee equivalent to thirty percent (30%) of the original purchase price of the returned Products. This fee shall be deducted from any refund issued and is non-negotiable. No waiver or reduction of the restocking fee shall be granted under any circumstances.

1.1.5 Built-to-Order Items

Products manufactured, assembled, or otherwise produced pursuant to custom specifications or built-to-order requirements ("Built-to-Order Items") shall be irrevocably non-returnable and non-refundable upon the earlier of: (i) the point of sale, or (ii) the Company's acceptance of the Purchaser's Purchase Order. No returns, refunds, or cancellations shall be permitted for Built-to-Order Items at any stage thereafter.

1.1.6 Freight and Handling Charges Post-Shipment

Upon shipment of any Products, all freight, handling, and associated charges shall be non-refundable without exception. The Purchaser shall be solely and unconditionally responsible for any and all costs arising from refused shipments, including but not limited to redelivery fees, return shipping, storage, and disposal expenses. The Company shall have no obligation to mitigate such costs on behalf of the Purchaser.

1.2 Freight Policy

1.2.1 Freight Quotations and Arrangements

The Company shall quote and apply freight charges on a prepaid and added basis for all orders, unless the Purchaser provides, in advance and in writing, a valid freight account number or a complete Bill of Lading (BOL) acceptable to the Company. All freight arrangements must be finalized prior to shipment, and no post-shipment modifications shall be permitted without the Company's express written consent.

1.2.2 Non-Refundable Nature of Freight Charges

Following shipment, all freight, handling, and related charges shall be non-refundable in full, irrespective of any subsequent events or disputes. The Purchaser shall be exclusively liable for any additional charges incurred as a result of: (i) changes to the delivery address; (ii) requests for redelivery; (iii) refusal of delivery; or (iv) any other actions or inactions attributable to the Purchaser.

1.2.3 Refusal of Undamaged Goods

In the event the Purchaser refuses delivery of undamaged Products, the Purchaser shall be obligated to pay all redelivery fees in advance. No refund for the cost of the Products shall be issued unless and until an RMA has been obtained and the return process completed in strict compliance with the Return Policy herein. The Purchaser must arrange and fund all freight for returning the Products to the Company's designated dock or facility. Failure to effectuate such return within a reasonable timeframe, as determined by the Company, shall result in the accrual of storage fees at the Company's prevailing rates, which shall be payable by the Purchaser immediately upon demand. Storage fees shall continue to accrue until the Products are retrieved or otherwise disposed of at the Company's discretion, with any disposal costs also borne by the Purchaser.

1.2.4 Title, Risk of Loss, and Delivery Details

Unless otherwise agreed in writing, title to the Products and risk of loss shall pass to the Purchaser upon delivery of the Products to the Purchaser's designated location (FOB destination). The Company or its OEM assumes all risk of loss or damage to the Products during transit. The Company or its OEM shall select the method of shipment and carrier unless otherwise specified by the Purchaser in writing and approved by the Company. Estimated delivery times are approximations only and are not guaranteed. The Company shall not be liable for any delays in delivery due to causes beyond its reasonable control. For international shipments, the Purchaser is responsible for all customs duties, import taxes, and related charges.

Upon delivery, the Purchaser shall promptly inspect the Products for any visible damage, shortages, or discrepancies and note any such issues on the bill of lading or delivery receipt before signing. By signing the bill of lading or delivery receipt without noting such visible damage, shortages, or discrepancies, the Purchaser accepts the Products as delivered in good condition and waives any claims against the Company for such issues.

1.3 Payment Terms

1.3.1 Payment Methods and Currencies

Payment for all Products must be made in full at the time of order placement unless otherwise agreed in writing by the Company. Accepted payment methods include major credit cards (Visa, MasterCard, American Express), debit cards, wire transfers, and electronic payment services such as PayPal. All payments shall be made in United States Dollars (USD). The Company reserves the right to refuse any payment method or to require additional verification for security purposes. In the event of a chargeback initiated by the Purchaser for Products received in good condition, the Company reserves the right to pursue legal proceedings to recover the full value of the Products or to require the return of the Products in like-new condition, at the Purchaser's expense. In any such legal proceedings, if the Company prevails, the Purchaser agrees to pay the Company's reasonable attorney's fees and costs.

1.3.2 Taxes and Additional Charges

Prices quoted do not include sales, use, excise, or similar taxes, duties, or tariffs, which shall be the sole responsibility of the Purchaser and added to the invoice as applicable under relevant laws. The Purchaser agrees to pay all such taxes and charges directly or to reimburse the Company if paid on the Purchaser's behalf.

1.3.3 Invoicing and Due Dates

For approved credit accounts, payment is due within thirty (30) days from the date of invoice (Net 30). For all other orders, payment is due upon order confirmation. Failure to pay within the specified terms may result in order cancellation or suspension of future orders.

1.3.4 Late Payments and Fees

Overdue payments shall accrue interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. The Purchaser shall also be liable for any collection costs, including reasonable attorneys' fees, incurred by the Company in enforcing payment.

1.3.5 Pricing and Changes

All prices are subject to change without notice prior to order acceptance. The Company reserves the right to correct pricing errors at any time, even after an order has been placed but before shipment, and to cancel or adjust the order accordingly.

1.4 Order Process, Acceptance, and Cancellation

1.4.1 Order Placement and Acceptance

By placing an order, the Purchaser makes an offer to purchase the Products under these Terms. Orders are not binding until accepted by the Company, which may be confirmed via email or other written acknowledgment. The Company reserves the right to accept, decline, or limit any order at its sole discretion, including for reasons such as product availability, pricing errors, credit issues, or suspected fraud.

1.4.2 Cancellation by Purchaser

Non-returnable goods, including Built-to-Order Items and certain part orders, are non-cancellable once the order is placed. All order cancellations are at the sole discretion of the Company and may be requested by providing written notice to the Company. After shipment, cancellations are subject to the Return Policy outlined in Section 1.1.

1.4.3 Cancellation by Company

The Company may cancel any order at any time before shipment due to unavailability, pricing errors, or other reasons beyond its control. In such cases, the Purchaser will be notified, and any payments received will be refunded in full.

1.4.4 Stock Availability and Substitutions

While the Company strives to maintain accurate stock information, Products may become unavailable after order placement. The Company reserves the right to cancel the order if substitutions are not acceptable to the Purchaser.

Section 2: Warranty, Disclaimers, and Limitation of Liability

These Warranty, Disclaimers, and Limitation of Liability provisions govern all warranties, disclaimers, liabilities, and related matters pertaining to Products sold by the Company to the Purchaser.

2.1 Limited Warranty

2.1.1 Manufacturer's Warranty

All Products sold by the Company are subject exclusively to the original equipment manufacturer's (OEM) warranty against defects in materials and workmanship, which shall range from one (1) to five (5) years from the date of purchase, depending on the specific Product as determined by the OEM. The Company does not extend, modify, or assume any independent warranty obligations and serves solely as a facilitator to assist in communications between the Purchaser and the OEM regarding warranty claims.

2.1.2 Warranty Claims Process

Any claims for warranty returns, repairs, or replacements shall be at the sole and absolute discretion of the OEM. The Purchaser must contact the Company's customer service department at 1 (800)-741-1258 to initiate any inquiry regarding a potential defect. All defective Product claims shall be evaluated and resolved on a case-by-case basis by the Company's customer service department, in coordination with the OEM. The Purchaser acknowledges that the Company's role is limited to facilitation and that final determinations rest with the OEM.

2.1.3 No Additional Guarantees

The Purchaser agrees that no other warranties, guarantees, or representations beyond those provided by the OEM shall apply. The Company makes no assurances regarding the satisfaction or performance of the Products beyond the OEM's warranty terms.

2.2 Disclaimer of Warranties

2.2.1 Exclusive Warranties

The warranties described in Section 2.1 above constitute the sole and exclusive warranties applicable to the Products. The Company hereby expressly disclaims all other warranties, whether express, implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, non-infringement, title, or arising from course of dealing, usage of trade, or otherwise.

2.2.2 No Liability for Consequential Damages

In no event shall the Company be liable for any consequential, indirect, incidental, special, punitive, or exemplary damages or losses arising from or in connection with the purchase, use, or performance of the Products, including but not limited to loss of profits, business interruption, data loss, or any other pecuniary or non-pecuniary harm, even if the Company has been advised of the possibility of such damages.

2.3 Disclaimer and Limitation of Liability as to Shipping Errors

2.3.1 Acknowledgment of Potential Errors

The Purchaser acknowledges that, despite the Company's diligent efforts to ensure accuracy in order fulfillment, errors in picking, packing, or shipping may occur due to human involvement or other factors beyond the Company's control.

2.3.2 Resolution Procedure for Shipping Errors

In the event of a shipping error, such as the inadvertent shipment of incorrect Products or the omission of Products from a shipment, the Company shall verify the error solely by reviewing the signed Bill of Lading (BOL). It shall be the Purchaser's sole responsibility to inspect all shipments upon receipt, confirm the accuracy and condition of the Products, and note any discrepancies (including shortages or damages) on the BOL prior to signing. Once the shipment is accepted and signed as received free and clear, any subsequent claims for damage, shortage, or error shall be deemed to have occurred at the Purchaser's facility or under the Purchaser's control, and the Company shall have no liability therefor.

2.3.3 Limitation of Remedies

The Company's sole obligation in the event of a verified shipping error shall be, at its discretion, to either: (i) replace the incorrect or missing Products, or (ii) issue a credit for the affected Products. No other remedies, including refunds, exchanges, or compensation for additional costs, shall be available. The Purchaser waives any right to claim damages beyond the remedies expressly provided herein.

2.4 General Liability Disclaimers and Waiver

2.4.1 Inherent Risks of Use

The Purchaser acknowledges that the loading dock environment is inherently hazardous and that the use of Products purchased from the Company may involve risks of injury, damage, or loss commonly associated with workplace activities, including but not limited to slips, falls, impacts, or equipment failures.

2.4.2 Assumption of Risk and Liability Waiver

By purchasing or using the Products, the Purchaser voluntarily assumes all risks of injury, damage, or loss arising from or related to the use, installation, operation, or maintenance of the Products. The Purchaser further acknowledges and agrees that the Company shall not be responsible or liable for any injuries, damages, losses, or claims resulting therefrom, whether to persons, property, or otherwise. The Purchaser hereby waives any and all claims against the Company for such risks, injuries, damages, or losses.

2.4.3 Compliance with Laws

The Purchaser shall be solely responsible for ensuring compliance with all applicable federal, state, local, and international laws, regulations, standards, and ordinances governing the purchase, use, installation, or operation of the Products. The Company makes no representations regarding such compliance and disclaims any liability for non-compliance.

2.4.4 Indemnification

The Purchaser agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (i) the Purchaser's use or misuse of the Products; (ii) any breach of these Terms by the Purchaser; (iii) any injuries or damages claimed by third parties; or (iv) any violation of applicable laws by the Purchaser.

2.4.5 Limitation of Liability

Notwithstanding any other provision herein, the Company's total aggregate liability under these Terms, whether in contract, tort, strict liability, or otherwise, shall not exceed the purchase price paid by the Purchaser for the specific Product(s) giving rise to the claim. This limitation shall apply without exception.

Section 3: Privacy, Security, and Terms of Use Policy

Updated: July 27, 2025

This Privacy, Security, and Terms of Use Policy governs the collection, use, disclosure, and protection of information by the Company in connection with its Website and related services. The Company is engaged in the distribution and sale of warehouse products and accessories and does not engage in the sale, trade, or dissemination of personal information. By accessing, using, or interacting with the Website, the User expressly consents to the practices described herein. This Policy is effective as of the updated date indicated above and supersedes any prior versions. The User's continued use of the Website following any updates constitutes irrevocable acceptance of such changes.

3.1 Information Collected and Its Use

3.1.1 Methods of Collection

The Company collects information from and about Users through three primary methods: (i) directly from Web server logs; (ii) via cookies; and (iii) through information voluntarily provided by the User, such as during purchases or inquiries.

3.1.2 Web Server Logs

Upon accessing the Website, the Company may automatically collect and track certain information for the purposes of administering the Website, analyzing usage patterns, and enhancing functionality. Such information may include, without limitation: (a) the User's Internet Protocol (IP) address; (b) the number and sequence of links clicked within the Website; (c) the state or country from which the Website was accessed; (d) the date and time of the visit; (e) the web page or referral source from which the User linked to the Website; and (f) the specific pages viewed on the Website. This data is collected in aggregate form and is not linked to personally identifiable information unless necessary for security or administrative purposes.

3.1.3 Use of Cookies

The Company employs cookies, which are small text files transmitted by the Web server to the User's browser or device, to personalize and enhance the User's experience on the Website. Cookies may store User preferences or session information to facilitate return visits. Cookies do not contain malicious code and do not compromise the User's computer systems. Users may, at their discretion, delete or disable cookies through their browser settings; however, doing so may limit certain features or functionalities of the Website. By using the Website, the User consents to the placement and use of cookies as described herein.

3.1.4 Personal Information

When the User places an order, registers, or otherwise voluntarily provides information, the Company collects personal data necessary to process transactions, fulfill orders, ship products, and communicate order status. Such information includes, but is not limited to: (a) full name; (b) shipping and billing addresses; (c) email address; (d) telephone number; and (e) credit card information, including card number and expiration date. The Company may also use this information to periodically notify the User of new products, services, or special offers deemed potentially valuable. Under no circumstances shall the Company sell, share, trade, rent, or otherwise disclose personal information to third parties, except as strictly necessary to fulfill an order through the Company's original equipment manufacturers (OEMs) or as required by law.

3.2 Security Measures

3.2.1 Data Protection

The Company implements state-of-the-art security technologies and protocols to safeguard User information against unauthorized access, misuse, alteration, disclosure, or destruction by third parties. All personal information, including credit card details, names, and addresses, is encrypted during transmission over the Internet using secure protocols.

3.2.2 Third-Party Vendors

The Company currently utilizes QuickBooks Online, a reputable and established vendor with a demonstrated history of data protection and secure transaction processing, to handle payment and related functions. The User acknowledges that while the Company takes reasonable measures to select secure vendors, ultimate responsibility for third-party security practices rests with those vendors.

3.2.3 No Guarantee of Absolute Security

Notwithstanding the foregoing, the User acknowledges that no method of transmission over the Internet or electronic storage is entirely secure. The Company disclaims any warranty or guarantee of absolute security and shall not be liable for any unauthorized access or breaches beyond its reasonable control.

3.3 Changes to This Policy

3.3.1 Updates

The Company reserves the right, in its sole discretion, to modify, amend, or update this Policy at any time. Any such changes shall be reflected by revising the "Updated" date at the top of this Policy. The User is encouraged to review this Policy periodically to remain informed of the Company's practices regarding personal information protection.

3.3.2 Acceptance of Changes

The User's continued access to or use of the Website following any updates constitutes the User's binding agreement to the revised Policy. If the User does not agree to the changes, the User must immediately cease all use of the Website.

3.4 Terms of Use

3.4.1 "AS IS" Provision

The contents of the Website, including but not limited to product descriptions, pricing, images, specifications, and other information, are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, express or implied. The Company makes no representations regarding the accuracy, completeness, currency, or reliability of such contents, which may contain errors, inaccuracies, or omissions.

3.4.2 Right to Correct Errors

The Company reserves the absolute right to correct any errors, inaccuracies, or omissions in Website content at any time, without prior notice, including after an order has been submitted or processed. This includes, but is not limited to, modifications to pricing, product codes, descriptions, availability, or other details. In the event of such corrections, the Company may, at its discretion, cancel or adjust orders affected thereby, and the User shall have no claim for damages or other remedies arising therefrom.

3.4.3 Human Error Acknowledgment

The User acknowledges that, despite the Company's efforts to achieve complete accuracy, human involvement in operations may result in occasional errors. The Company shall not be liable for any losses or damages resulting from such errors.

3.4.4 Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, images, product descriptions, specifications, and software, is the exclusive property of the Company or its licensors and is protected by copyright, trademark, and other intellectual property laws of the United States and foreign countries. The User is granted a limited, non-exclusive, non-transferable license to access and use the Website for personal or internal business purposes only. The User may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any Website content without the Company's prior written consent. Trademarks and trade dress may not be used in connection with any product or service without prior written consent. Violation of this provision may result in termination of access and legal action.

3.4.5 Prohibited Activities

The User agrees not to use the Website for any unlawful or prohibited purpose. Prohibited activities include, but are not limited to: (i) transmitting unlawful, offensive, defamatory, or obscene content; (ii) uploading viruses, malware, or other harmful code; (iii) interfering with the Website's availability or functionality; (iv) reverse engineering, decompiling, or attempting to extract source code or trade secrets; (v) impersonating any person or entity; (vi) violating the privacy or intellectual property rights of others; (vii) engaging in spam, unauthorized advertising, or data scraping; (viii) testing or breaching security measures; or (ix) using the Website to harass, bully, or harm others. The Company reserves the right to monitor usage and terminate access for violations.

3.4.6 User Accounts

If the Website requires or allows user accounts for ordering or other features, the User must provide accurate information and maintain the security of their account credentials. The Company reserves the right to suspend or terminate accounts for violations of these Terms or suspicious activity. The User is responsible for all activities under their account.

3.4.7 Age Restrictions

The Website is intended for users who are at least 18 years old or of legal age to form a binding contract in their jurisdiction. By using the Website, the User represents that they meet this requirement. The Company does not knowingly collect information from minors.

Section 4: General Provisions

4.1 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Washington and applicable controlling United States federal law, without regard to any choice or conflict of law principles, rules, or provisions of any jurisdiction that would cause the application of the laws of any jurisdiction other than those specified herein. Any action, dispute, claim, or controversy related thereto, including but not limited to any matter arising under or in connection with the sale of Products or use of the Website, shall be resolved exclusively in the state or federal courts located within Thurston County, Washington. The Purchaser and User hereby irrevocably submit to the personal and exclusive jurisdiction and venue of such courts and waive any objection thereto, including but not limited to any claim of inconvenient forum or lack of personal jurisdiction.

4.2 Dispute Resolution and Arbitration

Prior to initiating any legal action, the parties agree to attempt to resolve disputes through good-faith negotiations. If unresolved, any dispute arising out of or related to these Terms or the Products shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA), conducted in Thurston County, Washington. The arbitrator's decision shall be final and binding, and judgment may be entered thereon in any court of competent jurisdiction. The prevailing party shall be entitled to recover reasonable attorneys' fees and costs. The parties waive the right to participate in class actions or representative proceedings. This clause does not apply to claims for injunctive relief related to intellectual property or confidentiality.

4.3 Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms (except for payment obligations) due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, strikes, labor disputes, government actions, supply chain disruptions, or shortages of materials. The affected party shall notify the other promptly and use reasonable efforts to mitigate the effects. If the event persists for more than 30 days, either party may terminate the affected order without liability.

4.4 No Waiver

The failure of the Company to exercise or enforce any right, remedy, or provision of these Terms shall not constitute a waiver of such right, remedy, or provision, nor shall it preclude or restrict the further exercise or enforcement thereof. No single or partial exercise of any right, remedy, or provision shall preclude any other or further exercise thereof or the exercise of any other right, remedy, or provision hereunder.

4.5 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the parties agree that the court shall endeavor to interpret and enforce the provision in a manner that gives effect to the original intentions of the parties as reflected therein. The remaining provisions of these Terms shall remain in full force and effect, unaffected by such invalidity, illegality, or unenforceability.

4.6 Limitation on Claims

Notwithstanding any statute, law, or legal principle to the contrary, any claim, cause of action, or dispute arising out of or related to the use of the Company's services, the purchase or use of Products, or these Terms must be commenced within one (1) year after such claim, cause of action, or dispute first arose, or it shall be forever barred and waived in its entirety.

4.7 Entire Agreement

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous understandings or agreements, whether oral or written.

4.8 Binding Effect and Assignment

These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, heirs, and legal representatives. The Purchaser may not assign these Terms or any rights hereunder without the Company's prior written consent. The Company may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

4.9 Electronic Communications

By using the Website or engaging in transactions with the Company, the User consents to receiving communications electronically, including notices, agreements, disclosures, and updates. Electronic signatures shall have the same legal effect as original signatures.

4.10 Export Compliance

The Purchaser shall comply with all applicable U.S. export laws and regulations, including the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). The Purchaser represents that it is not on any U.S. government denied-party list and shall not export, re-export, or transfer Products to embargoed countries (e.g., Cuba, Iran, North Korea, Syria) or prohibited entities without required authorizations. Violation may result in order cancellation and liability for damages.

4.11 Survival

Provisions that by their nature should survive termination of these Terms, including but not limited to limitations of liability, indemnification, intellectual property rights, and governing law, shall remain in effect indefinitely.

By proceeding with any transaction, purchase, or use of the Website or Products, the Purchaser and User acknowledge having read, understood, and agreed to these Terms in full.