Effective Date: February 2, 2024

These Terms & Conditions (“Terms”) of Grizzly Industrial, Inc. (“Grizzly,” “we,” “us,” and “our”) apply to all contents and information available within the websites operated by us, including Grizzly.com (the “Website”) and our products and services (collectively, the “Services”). You agree, on behalf of yourself and the institution/company or other legal entity that you represent, to be legally bound by these Terms when you access the Website or use or purchase our Services.

PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING THE WEBSITE OR USING OR PURCHASING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OLD AND ACCEPT THE TERMS SET FORTH HEREIN. IF YOU ARE NOT AT LEAST 18 YEARS OLD OR DO NOT ACCEPT SUCH TERMS, YOU MAY NOT ACCESS THE WEBSITE OR USE OR PURCHASE OUR SERVICES.

Changes to Terms

The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of our Services after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.

Intellectual Property

The Website, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Website (collectively, the “Content”) are the property of us or our licensors, as applicable. The Website and Contents are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.

License

Grizzly grants you a limited license to access and make personal use of the Website subject to these Terms. The Website and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of Website.

Links to Third-Party Websites and Online Services

The Website may contain links to third-party websites or online services. Please understand that those third-party websites and online services may have different terms of use and privacy policies, and that Grizzly does not control and is not responsible for the content of such websites or online services or the privacy practices of such third parties. The information collected by such third-party websites and online services is not covered by Grizzly’s Privacy Policy or these Terms.

Security and Restrictions

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Website or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation;
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Site or expose them to liability;
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website;
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the materials on the Website;
• Use any manual process to monitor or copy any of the materials on the Website or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of the Website; or
• Otherwise attempt to interfere with the proper working of the Website.

Purchases

All products offered for purchase on the Website are subject to availability. The prices stated for such products are subject to change without notice. Grizzly may make improvements and/or changes in the products at any time without notice. If you have any questions regarding pricing or other details of our products, please call us.

Grizzly may reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Unless otherwise agreed to by Grizzly, payment must be received by Grizzly prior to acceptance of an order. Notwithstanding the foregoing, Grizzly may in our sole discretion choose not to charge your credit card until your order has been shipped. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our independent third-party payment processor or delivery service. We will attempt to contact you if all or any portion of your order is cancelled, delayed, or if additional information is required to accept your order.

You understand that products purchased by you and shipped to your designated location in the U.S. may be subject to applicable state or local sales or use tax, privilege tax, excise tax or similar transaction-based taxes (“Taxes”). The amount of Taxes is based on a number of factors, including but not limited to the amount of product purchased and your designated delivery address. Taxes and shipping costs are not included within the listed prices for products displayed on the Website. You are responsible for paying the applicable purchase price for products purchased through the Website, including shipping costs, and paying applicable Taxes associated with the purchase and sale of the products.

Payment will be processed by Grizzly’s independent third-party payment processor, using the payment method you designate or that is designated in your account. If you would like to use a different payment method, please visit your account settings to update your billing information. We may charge another stored payment method if your default payment card is declined or no longer available to us.

Shipping Your Order
We make every effort to ship your order within 24 hours. In most cases it will go out the same day.  Due to our 2 centrally located warehouses, most motor freight shipments usually arrive in 7 to 10 working days. Standard orders (non-freight items) will typically arrive in 3 to 5 working days.  This information should be used as a general guide and is not guaranteed.

Cancelling Your Order
We understand circumstances change and you may need to cancel your order or remove items. Cancellations are possible for orders that have not been processed for shipment. If an order has been processed for shipment, it is no longer eligible for cancellation. Orders can be returned within 30 days of shipment and return fees apply. Please refer to our Return Policy for details on returning a product.

Restricted Items
You understand that Grizzly does NOT authorize or represent that you may legally purchase, possess, carry, or utilize any item(s) which you may order. In accordance with your state and local laws, as well as federal law, you represent and warrant that you have determined the legality of the item(s) you are purchasing. For age restricted items, you certify that you are at least 21 years of age and you are under no other legal prohibition concerning your purchase.

Non-Freight Items (Non-Freight S&H)
Non-freight items are assessed a shipping and handling fee based on the total dollar amount of the items. Due to oversize restrictions, some items require additional shipping and handling charges.  These items are individually noted. Orders for non-freight items with a total weight of over 250 lbs. may be shipped via truck freight and will incur additional shipping charges.  Orders that do not include freight items will be shipped by ground transportation unless otherwise specified. Orders to Alaska, Hawaii, Guam, Puerto Rico, Virgin Islands, and U.S. Territories will be quoted at current rates. Canadian orders will be shipped by UPS only, and are subject to a minimum order size of $50.00 (repair parts excluded). Brokerage, duty and taxes will apply. Special handling costs or shipping fees may be added to your order, and all orders may be subject to a fuel surcharge. Shipping charges for parts may vary from published charges.

Truck Freight Orders
We have a flat rate shipping program for items requiring shipment by truck freight so you know exactly what your cost will be. This program applies only to the lower 48 states. We have listed the shipping charge for each machine next to the price (a fuel surcharge may be added). See inside order form for an example of how to apply this to your order. Shipping rates for truck freight orders to Canada will be quoted during the checkout process on the Website and are also available via PHONE.

Orders that contain freight as well as additional shipping and handling charges due to oversize restrictions and non-freight items must include the flat rate shipping fee per item and the shipping and handling fee based on the total dollar amount of those non-freight items.  All orders may be subject to a fuel surcharge.

Truck drivers are subject to a number of regulations, one of which is that they are not required to give assistance unloading. Please be prepared for this "curbside" delivery, as you are responsible for unloading the item(s) and placing them in your shop. This normally takes a couple of people. Your location must be tractor-trailer accessible. Some carriers reserve the right to charge a limited access delivery fee, which will be added to your invoice if applicable. We recommend that you make arrangements with the trucking company to take delivery at the freight terminal if you can. They will load it onto your vehicle. Make sure your vehicle is capable of handling the weight. Also, bring plenty of tie downs to properly secure the load.

We can offer liftgate service for a discounted rate when ordered through Grizzly. Liftgate can be added when checking out online or ask for more details when placing your order over the phone.

Shipping Damage
When you receive your shipment from the trucking company, it is extremely important to inspect and note any damage that might be suspect. Holes, dents, tears, etc., should be noted on the form the driver gives you to sign accepting delivery. These notations will allow us to make a claim for shipping damage on your behalf. Failure to do so makes it extremely difficult to make a claim.  If there is shipping damage and you have noted it on the delivery form, you can EMAIL, CALL, or FAX us. We will take care of all the necessary arrangements to have the problem resolved.

Shipments Outside the Contiguous US and Canada
Orders will be quoted at current rates.  Items will be shipped via UPS. Special handling costs, additional shipping fees and applicable brokerage fees may be added to your order.

Backorders
If not specified, out of stock items will automatically be placed on back order and shipped immediately when available. Any date(s) we provide are the best estimates that we have from our factory at the time.  We will work with our vendor to procure and ship your order as quickly as possible. 

Return Policy
Should you decide to return an item(s) for any reason, please contact our Contact Center.  We will take you step by step through the return process.  Returns for refund or exchange must be within 30 days of purchase.  Original shipping and handling charges are not refundable.  All returns must be in original packing, unused and in resalable condition and all non-defective returns are subject to a 10% restocking fee and will have return shipping fees deducted from the refund amount.  All merchandise must be shipped to us using an authorized return label that we provide when setting up your return.  We will not accept returns sent to us without prior authorization.  Unwanted shipments that are refused at delivery still require a return authorization and return fees will apply.

Technical Service
Please contact our Technical Support team before sending or bringing any item back for service.  For machinery, please have your serial number available.  If it is determined that the best course of action is to send the item back to us for service, we will make every effort to repair and return it to you in a timely manner.

Darn It!
We make every effort to be exact with our photography, prices, specifications, and copy. However, we cannot guarantee that our photography, prices, specifications, and copy of our products will be completely accurate or error-free. Grizzly shall not be held responsible for any pricing, typographical, or other errors in our publications about our products. We reserve the right to make changes, correct errors, and update prices at any time without notice.

Privacy Policy
Please review our Privacy Policy which also applies to your use of our Services.

Feedback

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you provide to Grizzly, including any ideas, comments, suggestions, feedback, data or the like (“Feedback”) will be considered non-confidential and non-proprietary. Grizzly will have no obligations with respect to the Feedback. Furthermore, you hereby assign to Grizzly all intellectual property rights, and waive any moral, publicity or similar rights you have in any Feedback. By submitting the Feedback to Grizzly, you agree Grizzly is free to use the Feedback, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form. Grizzly and its designees will be free to copy, disclose, distribute, incorporate, commercialize and otherwise use the Feedback and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

Customer Accounts

You may register an account on the Website. You agree that the information you provide to us during the registration process and at all other times when you use the Website is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that Grizzly has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, Grizzly has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

You are the sole authorized user of any account you create through the Website and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at the contact information set forth at the end of these Terms. Grizzly will not be liable for losses, damages, liability, expenses, and fees incurred by Grizzly or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

Email Communication

By ordering from the Website and providing us with your contact email address, you agree to receive email communication about your order and account.  For security you will receive an email requesting confirmation of your ownership of the email address provided to us prior to receiving this communication.

Leasing Information

Machines identified by "Call for Leasing Information" may be leased with approved credit through various third-party leasing companies.  Just check our website or give us a CALL at 1-800-523-4777 and we'll provide the details.

Credit Terms

We offer credit terms to qualifying companies only.  Apply for an account online starting HERE.  Terms and Conditions contained in customer purchase orders, order forms, or otherwise are superseded in their entirety by our terms as stated on our Website and herein unless expressly agreed to by us in writing.

Limited Warranty for Grizzly Products

Grizzly warrants every product it sells for a period of 1 year to the original purchaser from the date of purchase. This warranty does not apply to defects due directly or indirectly to misuse, abuse, negligence, accidents, repairs, improper wiring, alterations, lack of maintenance or consumable parts. This is Grizzly's sole written warranty and any and all warranties that may be implied by law, including any merchantability or fitness, for any particular purpose, are hereby limited to the duration of this written warranty.  We do not warrant or represent that our merchandise complies with the provisions of any laws, acts or electrical codes.  We do not reimburse for third party repairs, services, or any expenses related to moving machinery to and from carrier vehicles or residences.  In no event shall Grizzly's liability under this warranty exceed the purchase price paid for the product and any legal actions brought against Grizzly shall be tried in the State of Washington, County of Whatcom.  We shall in no event be liable for death, injuries to persons or property or for incidental, contingent, special or consequential damages arising from the use of our products.  To take advantage of this warranty, please call our Contact Center.  Proof of purchase must accompany the merchandise.  Manufacturers reserve the right to change specifications at any time as they constantly strive to achieve better quality equipment. 

Please note: Merchandise covered by a manufacturer's warranty must be sent directly to the manufacturer for repair or replacement. 

Additional Terms for California Residents

Under Cal. Civ. Code § 1789.3, California users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at dca@dca.ca.gov.

Disclaimer and Limitation of Liability

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, GRIZZLY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICES ARE PROVIDED BY GRIZZLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRIZZLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE WEBSITE. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GRIZZLY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE SERVICES, WEBSITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE WEBSITE.

Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred. 

Indemnification

You agree to indemnify, defend and hold harmless Grizzly and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms or from our termination of your access to or use of the Services. Such termination will not affect either party’s rights or obligations, which accrued before the termination.

Termination

Grizzly may terminate these Terms at any time and may do so immediately without notice, and accordingly deny you access to our Services, if in our sole discretion you fail to comply with any term or provision of these Terms. Upon any termination of these Terms, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the terms of use or otherwise, and pay us for any products and/or services rendered prior to the effective date of the termination.

Class Action Waiver

You agree that any legal proceedings or lawsuits between us will be conducted only on an individual basis and not in a class or representative capacity or action. Therefore, you waive all rights to bring claims on behalf of a class of persons.

Miscellaneous

Notice: As an Amazon Associate, Grizzly Industrial earns from Qualifying Purchases.

These Terms shall be governed by the laws of the State of Washington, and you agree to submit to the exclusive jurisdiction of the courts of Whatcom County, Washington in respect of any disputes arising under or in connection with these Terms.

You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any contents generated by you on the Website, block your access to the Website, block IP addresses.

If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.

How to Contact Us

If you have any questions, comments or notices regarding these Terms, please contact us at:

E-mail: privacy@grizzly.com

Phone: Toll-Free at 1-888-585-9724