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sales are expressly limited to and made conditional upon the terms
and conditions contained herein. This document is a conditional
acceptance by the Seller of the Buyer’s offer to purchase
Seller’s goods. It may contain terms which differ from or
add to those contained in the Buyer’s purchase order, and
to the extent that this is the case, the Seller hereby expressly
conditions its acceptance of the Buyer’s offer on the Buyer’s
assent to the additional or different terms. Objection by the
Buyer to any of the terms contained herein shall be deemed to
have been waived if written notice of the objection is not received
by Seller within ten days of the receipt of quotation, order acknowledgement
or invoice or before part of the described goods are accepted
by the Buyer, whichever occurs first.
Payment: Open account is only extended to well-rated
accounts with Dun & Bradstreet or other credit reporting services
used by Seller and/or to accounts established with our credit
department.
New Customers, Non-rated or Delinquent Accounts must include payment
with order. This will expedite your order. 50% deposit is required
on C.O.D. orders
for stock merchandise. Full payment in advance is required on
custom made orders of C.O.D. customers.
A late payment charge of 2% per month, or the maximum amount allowed
by law (if less), will be applied to the balance owed after the
payment due date. The Buyer agrees, in the event that affirmative
action is required on the part of the Seller to collect the amount
owing to Seller by Buyer, to pay to Seller all costs of collection
including reasonable attorney’s fees. No extra dating will
be extended.
Minimum Billing: For orders under $30.00 a $7.50
handling charge will be added.
Prices: Prices on acknowledged orders are firm.
Prices listed in any catalog or price list are subject to change
without notice. Quotations for custom made or special order merchandise
are valid for 30 days after issuance.
Dies, Tools and Patterns: Charges made for dies,
tools and patterns are part of the purchase price of the goods
and do not convey ownership to Buyer. All dies, tools and patterns
remain the property of Seller, unless otherwise agreed by Seller
in writing.
Split Destination or Drop Shipments: A handling
charge of $6.00 per
destination will be added to invoice.
Delivery Charges: All sales F.O.B. point of shipment
unless otherwise stated. All costs of freight, transportation,
mailing and insurance, unless prepaid and all demurrage charges
shall be paid for by Buyer. Buyer shall also pay for all increased
freight rates whether prepayment for freight rates has been made
or not.
Delivery: Delivery of the goods by Seller to
the carrier at the point of origin shall constitute delivery of
the goods to Buyer and thereafter the shipment of goods shall
be at the Buyer’s risk. All claims and allowances for damage
to the merchandise incurred in transit must be filed against and
presented immediately to the carrier by the Buyer.
Delivery Dates: Anticipated Shipping Dates are
our best estimate at this time. Guaranteed Delivery Dates are
our promise to deliver by a specific date; however, the Buyer
is responsible for any air freight, messenger or other extraordinary
delivery charge.
Back orders: Unless otherwise stated we will
ship and invoice all available merchandise and back order delayed
items.
Delays: All orders are accepted by Seller upon
express understanding by Buyer that Seller shall not be liable
for delays in delivery of the goods or inability to deliver the
goods caused by or due to inability to obtain transportation,
equipment, or material, or by reason of insurrection, fires, floods,
storms, embargoes, actions of any military or civil authorities,
whether legal or de facto, strikes, labor difficulties, riots,
lock outs, acts of God, or similar or different circumstances
beyond the control of Seller. All merchandise is subject to prior
sale and our ability to deliver.
Warranty disclaimer: All articles made or distributed
by Seller are double inspected before shipment, and a claim is
made by Buyer in the manner set forth below. Seller will repair
or replace the nonconforming goods, at Seller’s sole option,
unless otherwise agreed by Seller in writing. Seller makes no
warranties express or implied, including but not limited to implied
warranties of merchantability or fitness for a particular purpose.
In no event shall Seller be liable to Buyer for incidental or
consequential damages.
Statute of limitations: Any action for breach
of contract or sale must be commenced by Buyer within one year
after the cause of the action has accrued.
Claims: Claims for shortages, defects, and nonconforming
goods must be made by Buyer in writing within ten days of receipt
of the goods; no claims made after the expiration of such period
will be entertained or allowed. Such writing shall state with
particularity all material facts concerning the claim then known
to Buyer. Buyer shall hold the goods complained of intact and
duly protected until further notice from Seller. Buyer shall in
no event return any goods to Seller unless expressly authorized
to do so in writing by Seller.
Returned goods: All sales are final. The Seller
will accept return of certain stock products for credit on account,
subject to the following restrictions. Written authorization for
return must be made by Seller prior to return of goods. Unused
and unopened goods only may be returned. Buyer must prepay return
freight. Custom made and other special order items are not returnable.
No cash refunds will be made. Credit on account will be issued
less a restocking charge equal to 15% of the net value of the
goods returned.
Adjustments: The seller reserves the exclusive
right to make the final decision concerning repairs, replacements,
or other adjustements when a complaint has been registered. We
will not be responsible for any adjustements or replacements made
by distributers without prior written authorization from the Seller's
General Offices.
Product Specifications: All specifications are
subject to change without notice.
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