The Company accepts and will fill your order only upon the terms and conditions appearing below. If these terms and conditions are not acceptable to you, please notify us at once.
Orders submitted on your own purchase order form which contain statements, clauses or conditions modifying, adding to, repugnant to or inconsistent with the terms and provisions contained herein are accepted by us only upon conditions and with the express understanding that, notwithstanding any such statements, clauses, or conditions contained in any order form of yours, our liability will be determined solely by the terms and conditions set our herein, and in accepting and consummating and such order we will be deemed not to have in any way changed, enlarged or modified our liabilities or obligations as fixed by such terms and conditions or sale as stated by us herein.
1. Shipping Details If goods are shipped FOB destination, we reserve the right to tship via the carrier of our choice. Where prepaid freight is included in the price, no allowance will be made for customer pick up at our warehouses. The unloading of materials at the point of destination shall be the sole responsibility of the buyer. Unless firm delivery is quoted and stated on the invoice, orders are accepted subject to delivery estimates.
2. Returned Goods Permission must be obtained before returning merchandise. Merchandise returned without permission may not be received or will be held at purchaser's risk and is liable to non-acceptance. Authorized returned goods are subject to restocking charges which will vary depending upon the product. Special orders are non-returnable.
3. Damaged Goods If there is any evidence of damage to reels, packages or contents, do not receive from the carrier "in good condition" but note damage on deliver receipt. In case of damage, no claims allowed after 48 hours of receipt of goods.
4. Warranty There are no warranties or conditions (including statutory conditions as to correspondence with description, merchantability or fitness for purpose), either expressed or implied with respect to the goods. Buyer shall be limited to warranties of any of the respective manufacturers. Our sole liability for defects is to refund buyers cost upon return of same.
5. Force Majeure We shall not be responsible or liable, either directly or indirectly, for any loss or damage due to delay in delivery caused by war, hostilities, invasion, insurrection, riot, the order of any competent civil or military government or by fire, strikes, lockouts, labour disputes, lack of transportation facilities, shortages of raw materials, or by any other cause whether or not of a similar nature, which is unavoidable or beyond the reasonable control of The Company.
6. Taxes Exemptions from taxes or taxes charged are subject to reassessment by taxing authorities and exemptions made, or taxes charged to you, are without prejudice to our right to recover from you at any subsequent date, taxes improperly exempted or assessed.
7. Specialty Orders All Custom lengths that are not a multiple of 1000FT and specialty custom manufactured materials are non cancellable non- returnable unless the delivery drivers recieipt is clearly notated that it is the wrong material or it is rejected upon deliver, or Nassau is advised prior to delivery of a pending rejection in writing prior to delivery. Once the goods are signed for clear to the driver the buyer cannot return the item.
9. QUOTATIONS: Prices quoted by Seller in quote format (PDF) or (informal email) are exclusive of applicable taxes and are subject to change without notice until the item is purchased. Seller is not responsible for Liquidated damages in the event of an error. Quotations and prices are subject to change at anytime but standards quotes are valid for 14 business days.
10. ADVICE: Any statement or advice (including but not limited to advice regarding the quantity of goods necessary for a particular job, or the suitability of a particular product for a particular use) is provided solely as a courtesy to Purchaser and is not guaranteed. No such statement or advice shall subject Seller to any liability whether based on contract, warranty, tort (including negligence), or other grounds. All equipment and supplies shall be installed by and at the expense of the Purchaser unless otherwise stipulated in writing by Officer of the Seller.
11. CANCELLATION: An order may be cancelled by the Purchaser only if agreed to by the Seller and upon payment of reasonable charges based upon expenses already incurred and commitments made by the Seller.
12. VENUE: The Seller and Purchaser agree that the sellers location shall be a proper place of venue in the event litigation is commenced by either party.
13. WARRANTIES / DISCLAIMERS: Seller will extend to Purchaser all transferable warranties made to the Seller by the manufacturers or suppliers of materials. THE SELLER MAKES AND GIVES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND IT IS EXPRESSLY UNDERSTOOD THAT IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED WITH RESPECT TO ANY AND ALL GOODS, MATERIALS OR SERVICES FURNISHED BY THE SELLER. This general warranty policy supersedes any other warranties contained in plans or specifications on which a quotation or proposal from the Purchaser may be based and cannot be expanded without the prior and specific written consent of an OFFICER OF SELLER. THE SELLER SHALL NOTUNDER ANY CIRCUMSTANCES BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, DAMAGES OR LOSS OF OTHER PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF PURCHASED OR REPLACEMENT GOODS OR CLAIMS OF CUSTOMERS OF PURCHASER FOR SERVICE INTERRUPTIONS. THE SOLE REMEDY OF PURCHASER FOR ANY DEFECT MATERIALS OR EQUIPMENT SHALL BE THE WARRANTY EXTENDED BY THE MANUFACTURER. THE REMEDY OF THE PURCHASER SET FORTH HEREIN IS EXCLUSIVE, AND THE LIABILITY OF THE SELLER WITH RESPECT TO ANY CONTRACT, OR ANYTHING DONE IN CONNECTION THEREWITH SUCH AS THE PERFORMANCE OR BREACH THEREOF, OR FROM THE SALE, DELIVERY, RESALE, INSTALLATION OR USE OF ANY GOODS SOLD, WHETHER ARISING OUT OF ANY CONTRACT, NEGLIGENCE, STRICT TORT, OR UNDER ANY WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE PRICE OF THE GOODS UPON WHICH SUCH LIABILITY IS BASED. NO ACTION, REGARDLESS OF NATURE, ARISING OUT OF, OR RELATED TO, ANY TRANSACTIONS BETWEEN THE PARTIES MAY BE BROUGHT BY
14. PURCHASER PAYMENT: Payment for items purchased by Purchaser are due on or before the due date shown on each invoice. If paid on or before the date shown on each invoice, the applicable cash discount, if any, shown on the invoice may be deducted by Purchaser when making such payment. If payment is not received by the first of the month following the due date shown on the invoice, an amount equal to the percentage rate shown on the invoice, shall be charged on the unpaid balance of the invoice as a late payment service charge. At any time, Seller, at its sole discretion, reserves the right to require Purchaser to pay in full or in part in cash for items ordered prior to shipment or delivery.
15. ATTORNEY & COLLECTION FEES: In the event it is necessary for Seller to employ acollection agency or an attorney or attorneys or incurs other expense it may deem necessary to enforce or protect its rights hereunder or to collect damages for breach of the terms and conditions set forth herein, Purchaser hereby agrees to pay to Seller those collection fees, attorneys’ fees and expenses so incurred by Seller.