GENERAL TERMS AND CONDITIONS OF SALE. The following General Terms and Conditions shall constitute a part of each accepted order or contract between Owach Industrial Hardware (“Seller”) Customer (“Buyer”).
- ACCEPTANCE OF ORDER. The issuance by Buyer of a purchase order predicated upon this proposal shall not constitute a binding contract unless and until it is accepted by Seller at its plant. Any terms or conditions of Buyer’s purchase order or similar instruments, which are in addition to or inconsistent with these General Terms and Conditions of Sale (these “Terms and Conditions”) shall not apply to this transaction unless specifically agreed to in writing in Seller’s acceptance and acknowledgement. Seller’s failure to object to provision contained in Buyer’s order or other communication shall not be deemed a waiver of these Terms and Conditions.
- PRICES, QUOTATIONS, & ELECTRONIC INVOICING. All quotations, unless otherwise stated, are for immediate action and all prices quoted therein are subject to change without notice any time prior to acceptance of your order. Invoicing is delivered electronically via email and Buyer is responsible for providing appropriate Accounts Payable email address.
- GENERAL TERMS OF SALE. Prepayment of acceptable credit card payment of Visa, MasterCard, and American Express. Net 30 days, on approved credit. For consideration of credit terms, must have annual purchases of not less than $5,000. All custom orders require prepayment upon order placement unless otherwise agreed upon of at least 50% at order placement and 50% at shipment date.
- TAXES. Unless expressly stated otherwise, prices quoted do not include any city, state or federal taxes which may be applicable. Where applicable, such taxes will be paid by the Buyer.
- INTERNATIONAL SHIPPING. Depending on the method of shipment you choose, there may be charges in addition to the shipping charge assessed at the time of checkout. Customer is responsible for all brokerage fees, tariffs, import duties, Value Added Taxes (VAT) and customs imposed by the country of destination. These charges are not indicated on your shipping quote and must be determined by the purchaser.
- DELIVERY. Seller will make every effort to make shipment in accordance with the delivery schedule submitted to Buyer, but such delivery schedule is not guaranteed. Seller shall not be liable for any penalty or damages for delay in the production or delivery of the materials covered hereby if any condition or cause whatsoever (beyond the reasonable control of Seller) prevents compliance with such schedule. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of such delay.
- F.O.B. POINT. Unless otherwise specified in writing, delivery of the products ordered will be made F.O.B. point of shipment. All products become Buyer’s property and Buyer’s responsibility when delivered to a common carrier or any such delivery service as Buyer may specify, at the F.O.B. point.
- LIMITED WARRANTY. Seller warrants that the products shall be free from defects in material and workmanship for a period of one year (12 months). Should any failure to conform to this warranty appear within the warranty period, after the initial date of shipment, Seller shall, correct such defects by suitable rework or replacement without charge at Seller’s plant or at the location of the products at Seller’s election; provided, however, if Seller determines that repair or replacement is not commercially practical, it shall issue a credit in favor of Buyer in an amount not to exceed the purchase price of the product(s). THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SELLER EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- CHANGES AND CANCELLATION. Orders may be cancelled only upon approval by Seller. Such cancellations are subject to a cancellation fee. Scheduled shipments may be scheduled to a date later than originally agreed to, only upon approval by Seller. Such shipment reschedules are subject to a reschedule fee. If Buyer defers the delivery date of any order or contract, Seller shall have the right to invoice Buyer on the scheduled delivery date for all charges due Seller.
- CLAIMS. All claims for errors or shortages must be made within ten (10) days of receipt by Buyer.
- INSURANCE. Seller accepts no risk of loss or damage to Buyer’s goods by deterioration or by fire, smoke, explosion, sprinkler leakage, windstorm, flood, hail, aircraft, riot, civil commotion, labor trouble, or any other casualty while in transit, in Seller’s possession or under Seller’s control and Seller will not provide insurance coverage of any kind for such goods.
RETURN POLICY. Within 30 days, defective merchandise may be returned for replacement or repairs. Please contact us at firstname.lastname@example.org for a return authorization number (RMA). Return item(s) freight pre-paid and use the original packaging to ensure product arrives undamaged from shipping. Include a copy of the packing list or invoice