USA Hospitality INC Terms and Conditions - Shopping Cart Checkout Page

USA Hospitality, Inc. - Terms and Conditions of Sale (Checkout Agreement)

Effective Date: 02/18/2026

These Terms and Conditions of Sale (these "Sale Terms") govern all sales of products, goods, and related services (collectively, the "Products") by USA Hospitality, Inc. ("USA Hospitality", "Seller", "we", "us", or "our") to the purchaser ("Customer", "you", or "your"). These Sale Terms apply to all orders placed through usahospitality.com, through a USA Hospitality sales representative, or via invoice, telephone, email, or any other ordering method (each, an "Order").

Checkout acceptance (electronic signature). By placing an Order, clicking "I Agree" (or similar) at checkout, accepting delivery, or paying any invoice, you acknowledge that you have read, understood, and agree to be bound by these Sale Terms, and you represent that you have authority to bind the Customer.

Policies Incorporated by Reference

The following policies are incorporated into these Sale Terms by reference and form part of this checkout agreement:

If there is any conflict between these Sale Terms and any incorporated policy regarding Orders, payment, shipping, returns, or purchase-related disputes, these Sale Terms control.

Sections

1) Acceptance; Entire Agreement; Priority

These Sale Terms, together with any Order confirmation, invoice, quote, delivery document, or other written sales document issued by USA Hospitality (collectively, the "Sales Documents"), constitute the entire agreement between USA Hospitality and Customer for the Products.

Any additional or different terms proposed by Customer (including terms contained in Customer purchase orders, portals, emails, or other documents) are rejected and will be null and void unless expressly accepted in a writing signed by an authorized representative of USA Hospitality.

2) Definitions

  • "Business Day" means Monday through Friday, excluding observed holidays.
  • "Delivered" means the date carrier tracking indicates delivery, the bill of lading is signed, or USA Hospitality’s local delivery is completed.
  • "Stock Item" means a Product available for fulfillment from USA Hospitality’s primary stocking location.
  • "Other Location Stock Item" means a Product stocked at a different fulfillment location requiring alternate routing or transfer.
  • "Special Order Item" means a Product not regularly stocked and/or ordered specifically for Customer.
  • "HazMat" means Products classified as hazardous materials or otherwise regulated for transport.

3) Customer Eligibility; Authority; Business Use

Customer represents that it is legally capable of entering into binding agreements and that the individual placing the Order has authority to bind Customer. USA Hospitality sells primarily to business, commercial, institutional, and professional customers. Customer is responsible for ensuring Products meet Customer’s intended use, storage, and regulatory requirements.

USA Hospitality may decline or cancel Orders where it reasonably suspects fraud, unauthorized payment activity, regulatory restriction, delivery risk, or violation of any applicable policies.

4) Quotes; Order Acceptance; Errors; Availability

Quotes are valid only for the period stated (or, if not stated, for a reasonable period) and are subject to availability and correction of errors. USA Hospitality reserves the right to correct clerical, typographical, pricing, product description, or availability errors at any time.

An Order is not binding on USA Hospitality until accepted and released for fulfillment. USA Hospitality may accept or reject any Order in whole or in part in its sole discretion, including due to inventory constraints, credit status, payment verification, HazMat restrictions, carrier limitations, or compliance requirements.

5) Pricing; Taxes; Tax Exemption

Prices are as stated in the Sales Documents. Unless stated otherwise, prices exclude shipping, handling, freight, special services, and applicable taxes. Customer is responsible for all sales, use, excise, and similar taxes unless Customer provides valid exemption documentation prior to shipment.

6) Payment Terms; Credit; Credit Card Limit; ACH/Deposit

Payment terms are as stated in the Sales Documents and may be conditioned on approval of Customer’s credit application and ongoing creditworthiness. USA Hospitality may require prepayment, deposits, or payment confirmation prior to shipment.

Credit card limit. USA Hospitality does not accept credit card payments for Orders with a total value greater than US $1,200. Orders above this threshold must be paid via ACH or direct deposit (or another method expressly approved in writing by USA Hospitality). Orders may be held and will not ship until payment is confirmed.

Past due balances may accrue finance charges up to the maximum lawful rate (or, if none, 1.5% per month). Customer will reimburse USA Hospitality for reasonable costs of collection, including attorneys’ fees and court costs. USA Hospitality may suspend performance or cancel Orders for nonpayment.

7) Cancellations; Changes; Backorders; Split Shipments

Orders may be canceled or modified only if the request is received and confirmed by USA Hospitality before the Order enters fulfillment or ships. Special Order Items typically cannot be canceled once placed with the supplier/manufacturer.

USA Hospitality may ship Orders in multiple packages or shipments when items are sourced from different locations, have different handling requirements, or must ship via different carriers. Split shipments may arrive on different dates.

If any item is backordered or delayed, USA Hospitality may (at its option) ship available items and ship remaining items later, offer substitution with approval, or cancel the affected item(s) and issue credit where applicable.

8) Shipping Scope; Cutoff Time; Handling Times by Item Class

Service area. USA Hospitality ships only within the United States and U.S. territories, subject to carrier availability and product restrictions. USA Hospitality does not ship internationally.

Order cutoff time. The cutoff for same-day processing is 2:00 PM Eastern Time (ET), Monday through Friday (Business Days). Orders placed after 2:00 PM ET, on weekends, or on holidays are treated as received the next Business Day.

Handling times (estimates, not guarantees):

  • Stock Items (Local Stock): typically eligible to ship the same Business Day when placed by 2:00 PM ET (Mon-Fri), subject to payment verification and pickup schedules. Stock Item Orders placed on a prior Business Day before 2:00 PM ET are generally expected to ship no later than the next Business Day, absent exceptions.
  • Other Location Stock Items: generally ship within two (2) Business Days after the Order is placed (availability dependent).
  • Special Order Items: may take up to fourteen (14) Business Days to ship (supplier lead time and inbound logistics dependent).

After an Order ships (i.e., is tendered to the carrier), delivery to the end user may take up to five (5) Business Days, depending on the carrier, service level, destination, and operational conditions.

For additional details, see the Shipping Policy.

9) Carriers; HazMat / Regulated Products; Address Accuracy

USA Hospitality ships using UPS, USPS, and other carriers (including freight or regulated-material carriers) depending on size, weight, destination, and product classification. USA Hospitality may select the carrier and service level to ensure compliant, safe, and cost-effective delivery unless otherwise agreed in writing.

Certain Products may be classified as HazMat or regulated and may require special carrier routing, additional documentation, restricted services, and/or additional handling time. Customer acknowledges that HazMat regulations may restrict destinations and shipping options and that expedited services may be unavailable.

Customer is responsible for providing a complete and accurate shipping address and access details. Additional carrier fees for address correction, redelivery, limited access delivery, or special services are Customer’s responsibility.

10) Title; Risk of Loss; Inspection; Damage/Shortage Claims

Unless otherwise stated in writing, title and risk of loss transfer to Customer upon USA Hospitality’s tender of the shipment to the carrier or completion of local delivery (as applicable). Delivery dates and transit times are estimates and are not guaranteed.

Customer must inspect shipments promptly upon delivery. If Customer suspects damage, shortage, or loss, Customer must retain all packaging materials, document the condition with photos, and notify USA Hospitality promptly. Carrier claims and remedies may be subject to carrier rules, timelines, and inspection requirements.

11) Returns; RMAs; Restocking; Non-Returnables

All returns require prior written return authorization (RMA) from USA Hospitality unless otherwise required by applicable law. Returns are governed by USA Hospitality’s Returns / Refunds Policy, which is incorporated by reference.

Many Products are non-returnable due to health/safety, contamination risk, regulatory restrictions, supplier rules, or because they are Special Order Items. Where returns are approved, restocking fees, return freight, and other charges may apply as stated in the Returns / Refunds Policy.

12) Product Use; Safety; SDS; No Professional Advice

Customer is solely responsible for proper selection, storage, handling, training, and use of Products. For chemicals, disinfectants, sanitizers, aerosols, and regulated Products, Customer must follow manufacturer label directions, SDS guidance, and all applicable laws and safety requirements. USA Hospitality does not provide legal, regulatory, or safety compliance advice.

13) Warranties; Disclaimer; Manufacturer Warranties

Certain Products may be covered by manufacturer warranties. Where applicable, Customer’s warranty rights are those provided by the manufacturer, and Customer may be directed to the manufacturer for warranty evaluation and service.

DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR ANY EXPRESS WRITTEN WARRANTY EXPRESSLY PROVIDED BY USA HOSPITALITY IN A SIGNED WRITING, USA HOSPITALITY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

14) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, USA HOSPITALITY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, DOWNTIME, LABOR COSTS, OR THIRD-PARTY COSTS, ARISING OUT OF OR RELATING TO ANY ORDER OR PRODUCTS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USA HOSPITALITY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY ORDER WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM.

15) Indemnification

Customer will defend, indemnify, and hold harmless USA Hospitality and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to Customer’s misuse, improper storage/handling, failure to follow label/SDS directions, unlawful use, or unauthorized resale/representation of the Products.

16) Intellectual Property; Online Resale / Marketplace Restrictions

All trademarks, logos, and copyrighted materials displayed or provided by USA Hospitality are owned by USA Hospitality or its licensors. Customer may not use USA Hospitality marks without prior written consent.

Certain manufacturers/brands may restrict online resale, marketplace listings, or marketing claims. Customer is solely responsible for complying with any manufacturer-imposed resale restrictions. USA Hospitality may refuse sales where it reasonably believes Products will be resold in violation of supplier restrictions or law.

17) Force Majeure

USA Hospitality is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, weather, fires, floods, pandemics, labor disputes, supply chain disruptions, carrier delays/capacity limits, governmental actions, regulatory restrictions, or system outages. In such event, performance is excused for the duration of the event and a reasonable ramp-up period.

18) Notices; Electronic Communications; Changes to Terms

USA Hospitality may provide Order-related notices electronically (including by email) using the contact information provided by Customer. Customer is responsible for keeping its contact information current.

USA Hospitality may update these Sale Terms by posting an updated version on its website or by otherwise making updated terms available. The Effective Date above reflects the latest revision. Updated terms apply prospectively to Orders placed after the update becomes effective.

19) Governing Law; Venue; Miscellaneous

These Sale Terms and all Orders are governed by the laws of the State of Florida, without regard to conflict of law principles. Any legal action relating to these Sale Terms or an Order must be brought in the state courts located in Orange County, Florida or, if federal jurisdiction exists, the United States District Court for the Middle District of Florida. Each party submits to the personal jurisdiction of such courts.

If any provision is held unenforceable, the remaining provisions remain in full force and effect. No waiver is effective unless in writing signed by the waiving party. Customer may not assign its rights without USA Hospitality’s prior written consent.

20) Contact Information

USA Hospitality, Inc.

Address: 11505 Satellite Blvd, Suite 5, Orlando, FL 32837

Phone: (407) 903-1600

Email: contactus@usahospitality.com