Terms and Conditions of Sale
TERMS: Any proposal for additional or different terms in buyer’s purchase order, or otherwise, shall not operate as a rejection of the terms herein but shall be deemed a material alteration thereof, and the terms herein shall be deemed accepted by buyer without said additional or different terms. If this document shall be deemed an acceptance of a prior offer by buyer, such acceptance is expressly conditional on buyer assent to any additional or different terms contained herein. Failure of buyer to object in writing within ten (10) days of the date herein.
PAYMENT: Invoice is due and payable in full within ten (10) days, subject to prior approval by seller of buyers credit (excludes custom orders and orders from foreign countries). Amounts unpaid after ten (10) days shall bear finance charges at the rate of 1% per month (12% annum) or the maximum lawful rate, whichever is less. Buyer further agrees to pay such additional sums expended for attorney fees and court cost incurred to enforce payment. Prices and specifications are subject to change without notice to buyer.
Invoices for custom orders and/or foreign country orders are due and payable in full upon placement of order.
RETURNS: No returns shall be accepted by seller without a return authorization number provided by the seller. Buyer is responsible for all return freight and 10% restocking charge or a minimum of $25.00 on all returns. NO RETURNS shall be accepted by seller on custom manufactured products.
SHORTAGES: Buyer must notify seller of any shortages within five (5) days from the date the products were delivered to buyer.
ORDER POLICY: No orders will be accepted by seller for any amount less than $25.00. Additions to an existing order placed after 5:00 P.M. the day of the existing order shall be classified as a new order.
TITLE AND RISK OF LOSS: Title and risk of loss for all products shall pass to buyer on delivery by seller to a common carrier, regardless of the freight terms stated on the method of payment for transportation charges.
WARRANTY: Seller shall repair or replace any product which is found defective, if seller receives written notice of such defect within thirty (30) days from date of shipment. Seller’s liability with respect to products furnished herewith shall be limited to making replacement or repairs of any defective product and buyer’s sole and exclusive remedy against seller shall be to obtain replacement or repairs. Seller shall under no circumstances be liable to anyone for damages of any kind or character, whether direct, indirect, special, consequential, incidental, or otherwise. Seller makes no other warranty of any kind whatsoever, express or implied, and all implied warranties of merchant ability and fitness for a particular purpose are hereby disclaimed and excluded from this contract.
DELAYS: Seller shall not be responsible for any delay in performance due to war, embargoes, riots, fire, floods, accidents, strikes, labor difficulties, shortages of transportation, fuel, labor or materials, acts of God, acts of governmental authorities, or any other cause beyond the reasonable control of seller.
TAXES: Seller’s prices do not include Federal, State, or Local sales, use, excise, or similar taxes. The amount of any applicable taxes shall, unless otherwise indicated, be added to the purchase price and paid by the buyer, or in lieu thereof, buyer shall provide seller with a tax exemption certificate acceptable to the taxing authorities.