Terms & Conditions
The following General Terms and Conditions apply to all sales made by Austin Hardware and Supply, Inc., hereinafter referred to as “Seller” and no modifications thereto shall be of any force unless confirmed in writing by Seller. Where the terms hereof shall vary with any document provided by the Purchaser, the terms set forth herein shall be effective and controlling. In the event of a conflict with any Purchaser documents, the terms of the most current document issued by the Seller shall control.
ORDER ACCEPTANCE: All orders or services are subject to acceptance by the written approval of an authorized official of Seller. Any such order shall be in the accordance with these General Terms and Condition unless Purchaser expressly notifies Seller in writing within five (5) days after receipt of acknowledgement of confirmation of an order.
SHIPPING TERMS; CLAIMS: F.O.B. Seller’s warehouse. Ownership is transferred to the Purchaser upon departure from Seller’s warehouse. Title and risk of loss or damage in transit shall pass to Purchaser at that time. Therefore, all shipping claims must be processed by the Purchaser with the shipping carrier, and cannot be handled by Seller. Seller is not responsible for goods lost or damaged in transit. Purchaser is solely responsible for filing claims against the carrier for any loss or damage. Seller will furnish all available information, trace shipments to destination whenever possible and give any other reasonable assistance requested to assist the Purchaser in filing a claim. Claims for shortages in shipment not chargeable against the carrier will not be considered unless notice is given within 10 days from date of receipt of the product.
TERMS: Purchaser agrees to pay for products in accordance with Seller’s standard payment terms as set forth on Seller’s invoice. Purchaser shall make payment via MasterCard, Visa, American Express or C.O.D. unless credit has been established with Seller. Open account terms net thirty (30) days. Purchaser is not entitled to any set-offs amounts due to the Purchaser against any amount due to seller in connection with this transaction. Purchaser shall pay all reasonable costs and expenses, including any collection/attorney’s fees, incurred by Seller in collecting any past due amounts.
SPECIAL ORDERS: Non-standard items not in stock with Seller that the Purchaser contracts with Seller to order the production of cannot be cancelled, and the non-standard items are not returnable. Shipping variances of +/- 10% may apply.
RETURNS, ADJUSTMENTS, AND CANCELLATIONS: Order cancellations are subject to acceptance by Seller. No product or part can be returned for credit unless written authorization has been given in advance, and the material authorization for return is received by Seller within thirty (30) days. Products returned must be identified as to the original date of purchase, purchase order number, invoice number, return goods authorization number, Purchaser’s name and address. Any lot code item must be in original packaging with lot code information intact. Order cancellation charges are 15% of net billing price except in the case of defective parts. Products returned in unsaleable condition will not be accepted. The return of obsolete, discontinued, modified, or special parts is not permissible. Seller reserves the right to charge for all work completed or materials purchased when an order is cancelled or reduced prior to shipment, where special or modified parts are involved. Seller reserves the right to assess an additional cancellation charge, other than the normal 15% handling charge, in the event the quantity cancelled is in excess of seller’s normal stock requirements. Prices are subject to change in the event Purchaser revises original order quantity. Seller will not reimburse any freight charges when products are returned.
BIDS AND QUOTATIONS: All bids and quotations automatically expire after thirty (30) days and may be modified or cancelled within the thirty (30) -day time period. Seller reserves the right to reject any orders placed where the price quoted by Seller is incorrect due to error made by employee or agent of Seller. Quoted prices do not include technical assistance, installation, start-up or field service.
TAXES: State sales, use or other taxes are collected in every instance except when your State Tax Exemption Certificates are on file with us.
PRICING: Prices are subject to change without prior notice.
LIMITED WARRANTY: Seller warrants to the Purchaser that Seller’s products will be free from defects in workmanship and materials under normal use and service for a period of ninety (90) days, subject to the following conditions and exceptions. As the sole and exclusive remedy of the Purchaser, Seller will without charge, at its option, either replace or repair the defective equipment or part thereof, which is covered by this limited warranty, at Seller’s plant, when the equipment or part is shipped by Purchaser freight prepaid, F.O.B. Seller’s warehouse. This limited warranty is offered only to the Purchaser provided that: a) the products have not been subjected to misuse, abuse, neglect, failure to service, accident, improper installation or servicing, improper use in violation of instructions provided with the product, modification, or improper specification for intended use; b) the products have not been repaired, disassembled, or altered by anyone except Seller or Seller’s representative; c) notice of any and all defects in materials and workmanship is given to seller in writing no later than 120 days after original purchase; and d) examination discloses, in the judgment of Seller, a defect in materials or workmanship which developed under normal installation, use and service. Purchaser’s failure to pay any invoice in full within the terms specified will void all warranties, expressed or implied, with regard to any equipment or parts listed on that invoice.
THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE SOLE REMEDY IS THE REPAIR OR REPLACEMENT OF THE EQUIPMENT OR PART. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR COSTS OF ANY KIND, INCLUDING LABOR OR EQUIPMENT COSTS, LOSS OF PROFITS, PRODUCTION, SALES OPPORTUNITIES OR BUSINESS REPUTATION ARISING OUT OF OR RELATED TO A DEFECT IN THE EQUIPMENT, LABOR OR MATERIAL. NO OTHER REMEDY WILLB E ALLOWED, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGILGENCE).
WARRANTY REPLACEMENT PARTS PROCESS: Seller’s responsibility is limited to furnishing the Purchaser replacement parts at no cost. The Purchaser is responsible for outward shipping costs, labor to remove and install the part, or any other incidental costs which may arise as the result of any defects in materials or workmanship.
STATE AND LOCAL REQUIREMENTS: All equipment produced by Seller is manufactured to the best knowledge, interpretation and understanding to conform to governing safety and industrial regulations. Conformance to any state and local regulations is not guaranteed unless the Purchaser furnishes Seller, at time of order, copy of applicable regulations. Prices are subject to adjustment for conformance to regulation.
DELIVERY: While Seller understands the importance of maintaining the delivery schedule and will make every effort to meet the specified delivery schedule, Seller accepts no responsibility for expedited freight charges, lost time labor and/or lost production, caused by nondelivery or late delivery of products due to delays, damages or losses, resulting from strikes, riots, fires, floods, inability to secure materials, or other accidents of occurrences beyond Seller’s control. Prices are subject to change without notice.
DRAWINGS: All information presented in Seller’s catalogues, literature, advertising material, and drawings are for reference and intended to present general description of product and are not a part of the contract. All specification, performance data, and appearance of equipment in the above are subject to change at manufacturers discretion.
DISPUTES, GOVERNING LAW, VENUE: The validity, construction, and interpretation of these General Terms and Conditions and any resulting contract, the sale of goods or materials or the performance of the work specified herein, and the rights and duties of the parties with respect to this Purchase Order, contract, sale and performance shall be governed by the law of the State of Missouri. In the even litigation is instituted hereunder, Purchaser consents to exclusive jurisdiction of any federal or state court situated in or serving the Western District of Missouri, as Seller selects in its sole discretion. The prevailing party shall be entitled to recover its attorney’s fees and court costs, together with any other relief awarded by a court of competent jurisdiction.
© 2011 Austin Hardware, & Supply, Inc.