Conditions of Use

Conditions of Use

TERMS OF SERVICE


Welcome to Industrial VM and IndustrialVM.com. Industrial VM is a Horizon, Inc. subsidiary. Industrial VM and/or its affiliates provide website features to you subject to the following conditions. If you visit or shop at IndustrialVM.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Industrial VM service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.


PRODUCT LEGALITY AND SUITABILITY OF USE


Industrial VM, IndustrialVM.com and Horizon, Inc. are not responsible for determining the legality of use of our manufacturers’ products in all states or locales. Some products may not be registered for use in your state or locale i.e. NY and CA. Check to be sure a product or specific use pattern is approved in your state or locale before purchase or subsequent product use. Check current product labeling or your local state agency for more information. Most current product labels are available by visiting the product manufacturers website or at https://www.cdms.net .


RESTRICTED USE PESTICIDES


Orders containing restricted use pesticides require proof of applicators' license. Orders will be cancelled if names do not match, license is expired and/or license is invalid for delivery location.


ORDER PROCESSING


Orders are processed in the order they are received. Orders are only charged once the items are ready for shipment. You will receive a paid invoice once we have processed the transaction. Please note, Industrial VM is a Horizon, Inc. subsidiary, and you will see Forestry Distributing on your statement. Once payment has been processed, orders typically ship within 48 hours from our warehouse. You will receive an email from your chosen carrier with tracking information once they have the order in their possession. If you have not received tracking within 5 business days of paid invoice receipt, please contact us at Support@IndustrialVM.com. Please note, drop ship items will only receive tracking upon request.


SHIPPING INFORMATION


We attempt to ship all in stock items within 24-72 hours. During peak business times, orders my take up to 5 business days to process. Most items ship from our warehouse in Longmont, CO. Large or bulk orders may drop ship from the manufacturer or regional warehouses to save on freight charges. Most orders are shipped UPS, USPS or FedEx. Liquids exceeding ½ Gal. and many pesticides may only be shipped ground via UPS or FedEx. Bulk and palleted items ship LTL via R&L Carriers. Residential delivery and lift gate charges may be applied.

You should receive your order within 3 to 7 business days from the date your order is shipped.

Unless otherwise noted, we ship all orders via US Postal Service, UPS or FedEx. Please be aware, liquids, including many pesticides, may only ship UPS or FedEx ground regardless of shipping option selected, if correct shipping is less than option chosen, we will adjust shipping cost, otherwise order may be cancelled.

Please note that transit time is calculated in business days and does not include weekends or holidays.


DROP SHIP PRODUCTS


Drop shipped orders are shipped directly from the manufacturer by the method stated on the product page, regardless of shipping method chosen at checkout, and will be charged accordingly. Orders containing drop shipped products will ship separately. Drop ship items typically ship next-day after order processing. Tracking for drop shipped products is only available upon request. If the manufacturer informs us they are unable to fulfill your order, we will issue a full refund and cancel your order.


INCORRECT ADDRESS / ADDRESS CHANGES


The customer is responsible for any address errors, unclaimed packages or shipments that are returned to sender. Please be sure to double check your shipment details, we are not responsible for incorrect addresses, including apartment/suite numbers or missing information. If an order is returned to sender, we will issue a refund, less any shipping charges incurred.


While we will make all reasonable effort to update addresses, all requests for address changes must be received before the order ships. Once an order has shipped, we can no longer guarantee an address change, and the customer is responsible for all costs that arise from incorrect address entry.


ORDER CANCELLATION


Orders may be cancelled up to when they are shipped for no penalty. Our policy is only to process payment when the order is ready to be shipped out. Orders cancelled after shipment will be subject to our return policy. Please contact us at Support@IndustrialVM.com to cancel your order. Orders can only be cancelled by written request.


CHARGEBACKS


Please note that Industrial VM is a Horizon, Inc. subsidiary. All orders are processed under Forestry Distributing. We reserve the right to cancel orders should a chargeback be received before order shipment. We also reserve the right to recall shipments if a chargeback is received while the order is in transit. These orders will be treated per our cancellation policy. Additionally, future orders may be cancelled due to chargeback history with any Horizon, Inc. subsidiary.


INTERNATIONAL AND OVERSEAS SHIPPING


Not all products are available for international shipping. Please contact us before placing your order at Support@IndustrialVM.com to see if your product is eligible. We may request additional address and identity verification for international orders.


Please Note: The customer is responsible for paying all additional shipping, tariff and duty charges on international orders. The customer is also responsible for any orders held/disposed of by customs.


RISK OF LOSS


All items purchased from Industrial VM are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

DAMAGED PRODUCTS

You must notify us within 15 days of shipment if your order damaged upon delivery by USPS, UPS, or FedEx. Please contact us via email for further instructions.

For orders delivered by freight, any damage must be noted at time of delivery. Verify that you recieve all items listed on packing slip. Any damage/product shortage must be noted on the BOL (bill of lading) prior to the delivery driver leaving. Any hidden damage must be reported within 24 hours.

Customer is responsible for notifying us within this time frame, if we are not notified, we will be unable to refund/replace missing or damaged items.

 

RETURN "RMA" INFORMATION


All product returns must be accompanied by a Returned Materials Authorization or "RMA". An RMA can be obtained by emailing Support@IndustrialVM.com with your order number and reason for return. Opened bottles, pesticide containers, Verbenone, MCH and pheromone packaging cannot legally be shipped or returned. For damaged/defective products please contact us for instructions.


To qualify for a refund, all items must be returned unopened, and in their original condition at the time of sale, including the original packaging and all tags, labels, containers, documentation, etc. intact. Do not mark or deface original manufacturer containers in any manner. We will not issue a return if packaging is opened or not in its original condition. Industrial VM reserves the right to liquidate the inventory and withhold credit. All costs related to return shipping must be paid by the customer.

Return requests recieved outside of our return policy may not be accepted. Returns recieved without an RMA will not be processed.


Industrial VM will provide a refund to you for returned items, less any shipping costs incurred.


PRIVACY


Please review our Privacy Notice, which also governs your visit to IndustrialVM.com, to understand our practices.


ELECTRONIC COMMUNICATIONS


When you visit IndustrialVM.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


COPYRIGHT


All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Industrial VM and Horizon, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Industrial VM and Horizon, Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Industrial VM and Horizon, Inc. or its software suppliers and protected by United States and international copyright laws.


TRADEMARKS


Industrial VM and other IndustrialVM.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Industrial VM and Horizon, Inc. in the U.S. and/or other countries. Industrial VM trademarks and trade dress may not be used in connection with any product or service that is not Industrial VM, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Industrial VM and Horizon, Inc. All other trademarks not owned by Industrial VM and Horizon, Inc. that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Industrial VM.


PATENTS


One or more patents owned by Industrial VM and Horizon, Inc. apply to this site and to the features and services accessible via the site. Portions of this site operate under license of one or more patents.


LICENSE AND SITE ACCESS


Industrial VM and Horizon, Inc. grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Industrial VM and Horizon, Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Industrial VM and Horizon, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Industrial VM without express written consent. You may not use any meta tags or any other "hidden text" utilizing Industrial VM name or trademarks without the express written consent of Industrial VM and Horizon, Inc. Any unauthorized use terminates the permission or license granted by Industrial VM. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of IndustrialVM.com so long as the link does not portray Industrial VM, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Industrial VM logo or other proprietary graphic or trademark as part of the link without express written permission.


YOUR ACCOUNT


If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Industrial VM and Horizon, Inc. do not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use IndustrialVM.com only with involvement of a parent or guardian. Industrial VM and Horizon, Inc. reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.


REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT


Visitors may post reviews, comments, photos, and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Industrial VM and Horizon, Inc. reserve the right (but not the obligation) to remove or edit such content but does not regularly review posted content.


If you do post content or submit material, and unless we indicate otherwise, you grant Industrial VM and Horizon, Inc. a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Industrial VM™ and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Industrial VM and Horizon, Inc. for all claims resulting from content you supply. Industrial VM and Horizon, Inc. have the right, but not the obligation, to monitor and edit or remove any activity or content. Industrial VM and Horizon, Inc. take no responsibility and assume no liability for any content posted by you or any third party.


PRICING


Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.


With respect to items sold by Industrial VM, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.


Please note that this policy applies only to products sold and shipped by Industrial VM. Your purchases from third-party sellers may follow different policies in the event of a mispriced item.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY


THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY INDUSTRIAL VM AND HORIZON, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. INDUSTRIAL VM AND HORIZON, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.


TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INDUSTRIAL VM AND HORIZON, INC. DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INDUSTRIAL VM AND HORIZON, INC. DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM INDUSTRIAL VM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INDUSTRIAL VM AND HORIZON, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.


CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


APPLICABLE LAW


By visiting IndustrialVM.com, you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Industrial VM and Horizon, Inc.


DISPUTES


Any dispute relating in any way to your visit to IndustrialVM.com or to products or services sold or distributed by Industrial VM or through IndustrialVM.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Boulder County, Colorado, and you consent to exclusive jurisdiction and venue in such courts.


SITE POLICIES, MODIFICATION, AND SEVERABILITY


Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to IndustrialVM.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.


OUR ADDRESS

Horizon, Inc.
Industrial VM / IndustrialVM.com
PO Box 18298
Boulder, CO 80308-8298
http://www.IndustrialVM.com