BENCHMARK Terms and Conditions

These terms and conditions apply to the viewing, purchasing and sale of products through www.benchmarkinc.com or www.benchmarkindustrial.com (the “site”). By viewing this site, placing an order or completing a purchase, you agree to be bound by and accept these terms and conditions.

Ownership of Materials, Trademarks and Copyright

The information contained in this site including all images, designs, photographs, text and other materials (the “contents”) are copyrights, trademarks, or other intellectual property owned or licensed by Benchmark or its affiliates, or are the property of their respective owners. The contents of this site may not be copied, republished, downloaded, transmitted, mirrored or reproduced without the prior written permission of Benchmark or the applicable copyright owner.

Limitation of Liability

Benchmark will not be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, including without limitation loss of profits, loss of business, or other economic damages. Benchmark is not responsible for delays in delivery which result from any circumstances beyond its control. Benchmark’s aggregate liability shall not exceed the purchase price paid for any products purchased through this site, or, if no such products were purchased, ten dollars($10.00).

Pricing and Specifications

Benchmark strives to maintain prices at the lowest level. Occasionally, prices change without notice due to circumstances beyond our control.

If you find the exact same product marketed for a lower price within 7 days of delivery, Benchmark will either (at Benchmark’s discretion) provide a refund for the difference plus 5%, or accept the return of the product.

Shipping Policy

If you are within Benchmark’s published delivery area (Delivery Area), (approximately 50-75 miles driving distance of Benchmark warehouse), and your order is over $150 before sales tax, the product is delivered on Benchmark truck and shipping costs are free. If your order is under $150, then a $15 delivery fee will be applied.

If outside the Delivery Area, then shipping is on common carrier or UPS depending on size, and the freight is added to the invoice.

Returns

If for any reason you are dissatisfied with a purchase you made from Benchmark, please call 1- 844-4BENCHMARK to receive an authorization number or complete the form on the back of the packing list and return the merchandise within 30 days.

Note: Customers will be responsible for shipping charges on cancelled orders.

Customers will be responsible for shipping charges on cancelled orders. Due to their nature, custom and made-to-order products cannot be accepted for return unless the product was initially defective.

Warranties

Customers acknowledge that Benchmark is not the manufacturer of any of the products purchased hereunder. Any warranty with respect to the products must come from the manufacturer. Benchmark will pass through to customers any applicable warranties of the manufacturer to the extent permissible. Notwithstanding anything to the contrary, Benchmark’s liability is limited to the replacement value of the products purchased from this site.

Benchmark and its affiliates hereby expressly disclaim all warranties either express or implied, related to products, including, without limitation, any warranty of merchantability or fitness for a particular purpose, or warranty of noninfringement. This disclaimer does not affect the terms of the manufacturer’s warranty, if any.

Payment Terms

For those customers with established Benchmark credit, payment terms are Net 30 Days from the date of invoice. In addition, Benchmark accepts all major credit cards or check by phone at the time of order. COD is only available for those orders picked up at a Benchmark warehouse. If an account becomes overdue, Benchmark may assess a late penalty of 1.5% per month for all overdue balances.

Applicable Law

This site is controlled by us from our offices within the State of Ohio, United States of America. By accessing this site you agree that the laws of the State of Ohio, without regard to conflicts of laws principles, will apply to all matters relating to the use of this site and the purchase of products available through this site.

Any litigation will be brought exclusively in Franklin County, Ohio and customer consents to the jurisdiction of the Federal and State Courts located therein, submits to the jurisdiction thereof and waives the right to change venue.

Entire Agreement

These terms and conditions constitute the entire agreement and understanding between you, the customer, and Benchmark concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto, including any oral statements made by Benchmark representatives or any alternate terms supplied by you to Benchmark unless otherwise agreed to by Benchmark in writing. To the extent that anything in or associated with site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.