Terms & Conditions

Controlling terms

Buyer expressly agrees that Seller’s Invoice and these Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the Invoice and no different or additional terms or conditions in Buyer’s purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon Seller.

acceptance of orders

Seller may accept buyer’s offer to purchase and shall be bound to supply the applicable Goods in accordance with these terms and conditions either under applicable law.

prices

Unless otherwise indicated , all prices are quoted on a per invoice basis. Buyer is responsible for any tax or government charges imposed upon the sale or transfer of the Product. Prices are subject to change at any time without notice to Buyer.

cancellation or modification

Any order placed with and accepted by Seller may be modified, including add-ons and item removals, up to 3pm on the day before delivery or at Seller’s discretion.  Any order placed with and accepted by Seller may be canceled by Buyer up to 3pm on the day before delivery, or at Seller’s discretion. Seller will not accept order cancellations once a product has been loaded onto a truck and is out for delivery , without charging a cancellation fee of twenty-five percent (25%) of order value to recover costs incurred. Seller will not accept cancellations of special orders of non-standard, non-price list products

LIMITATION OF LIABILITY

Buyer acknowledges and agrees that seller’s liability for any claims with respect to the products shall not exceed the amount paid by buyer for the products under the invoice. Such limitations on Seller’s liability hereunder shall apply even if Seller’s liability is due in whole or in part to its own negligence. 

return of material

Upon delivery of Product, Buyer shall check in delivery and notify driver of any shorts, damage, or incorrect items.  Additionally the Buyer has one (1) day to inspect Product and notify Seller, of any defective goods or other cause for rejection. Such notification shall identify each and every reason for any rejection of Product. Buyer’s failure to reject Product within the one (1) day period shall constitute a waiver of Buyer’s inspection right and   acceptance of the Product by Buyer.

indemnity

Buyer shall defend, indemnify and hold harmless Seller and its affiliated or related companies from and against any and all claims, losses, liability, damages and expenses including, but not limited to, attorneys’ fees and cost of defense arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in Product caused by any alteration or modification thereof by Buyer with or without Seller’s consent, or improper handling or storage by Buyer, the breach of any term or condition stated herein, Buyer’s failure to label Product or Buyer’s improper labeling of Product regardless of whether the labeling was done with or without the advice of Seller.

payment

Payments are due on delivery unless arrangements for terms have been agreed upon before the order was placed.  Buyer has the option to pay with cash, check, or by providing a credit card to the office for payment. 

taxes

Buyer is responsible for any tax or governmental charge imposed upon the sale or transfer of any product. Any such tax or governmental charge will be added to the total invoice amount. All prices are FOB Seller’s facilities. Any applicable freight costs will be added to the invoice.