Terms and Conditions of Sale

  1. In the event any part of any sum owing from Buyer to Seller becomes past due, or any term of credit or purchase has not been met as agreed, then all sums owing to Seller, whether or not then due, shall thereupon become due and payable in full at the option of Seller. Seller shall also, at its option, have the right to discontinue any further sales or extensions of credit to Buyer. Waiver of one default shall not be deemed a waiver of any further default or breach by Buyer.
  2. All sales are final. No credit will be allowed for materials and supplies (“Goods”) returned without prior written permission. A deduction will be made from credits issued on all returned Goods to cover cost of handling and restocking. No returns are allowed on non-stocked Goods or cut wire.
  3. Prices are subject to any sales, excise and other government charge payable by Seller now or hereafter imposed upon sales or shipments to Federal, State, or local authority. Buyer agrees to reimburse Seller for any such tax or provide Seller with acceptable tax exemption certificate.
  4. Seller is not liable for delays in delivery if caused by any legislative, administrative or executive law, order, or requisition of the Federal Government or any State or Municipal Government or any subdivision, department, agency, office or official thereof, or if caused by, but not limited to, strike, fire, floods, accidents, delays of carrier, inability to obtain suitable and sufficient labor, and necessary supplies of raw materials or other contingencies reasonably beyond the Seller’s control. Factory shipment or delivery dates are the reasonable estimates of our suppliers and not guaranteed. In no case shall Seller be liable for any liquidated, consequential or special damages arising from any delay in delivery.
  5. Seller shall not be held liable for any labor charges other than those agreed upon in writing in advance between the manufacturer and Buyer of the products.
  6. All orders are subject to acceptance by Seller at Seller’s absolute and sole discretion. All prices quoted to Buyer are subject to change without notice unless otherwise stated. Price quotations shall automatically expire in thirty (30) days from the date issued, or otherwise stated in the quotation. Goods sold to Buyer are based on Seller’s interpretation of Buyer’s requirements and are subject to verification by Buyer or Buyer’s representative. Invoices do not include accessory Goods unless such items are listed on the invoice.
  7. Seller warrants that all Goods sold are free of any security interest or other lien. All transferrable warranties made to Seller by manufacturer will be made available to Buyer. SELLER MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES AND SPECIFICALLY MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE, UNLESS OTHERWISE AGREED IN WRITING BY A DULY AUTHORIZED REPRESENTATIVE OF SELLER PRODUCTS AND GOODS SOLD HEREUNDER ARE NOT INTENDED FOR USE IN OR IN CONNECTION WITH A NUCLEAR FACILITY OR ACTIVITY. Seller does not guarantee or warrant the suitability of the Goods for specific applications. The Buyer is solely responsible for determining whether the Goods are appropriate for Buyer’s specific requirements.

 

  1. Buyer’s remedies for any defects in the Goods are subject to any limitations contained in manufacturer’s terms and conditions to Seller. A copy of such terms and conditions will be furnished upon written request. All warranty claims shall be made by Buyer directly to the manufacturer and in accordance with the manufacturer’s warranty. Furthermore, Seller’s liability for breaches of warranty or defects in Goods or any other legal theory shall be limited to either repair or replacement of the Goods or refund of the purchase price, all at the Seller’s option. In no case shall Seller be liable for liquidated, incidental, or consequential damage.
  2. Seller certifies that these Goods were produced in compliance with all applicable requirements of Sections 6, 7, and 12 of The Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor issued under Section 14 thereof. Seller certifies compliance with all provisions of Executive Order 11246, 11701 and the rules, regulations and relevant orders of the Secretary of Labor.
  3. The failure of Seller to insist upon the performance of any of the terms or conditions herein or the Credit Application or to exercise any right hereunder shall not be deemed to be a waiver of such terms, conditions or rights in the future, nor shall it be deemed to be a waiver of any other term, condition, or right under this contract.
  4. In the event of default under Terms and Conditions hereof or the Credit Application, the prevailing party is to be paid for costs and expenses of collection, litigation or arbitration, including reasonable attorney’s fees, court costs and experts and consultant’s fees.
  5. No terms and conditions other than those stated herein, and no agreement or understanding, in any way purporting to modify these terms or conditions, shall be binding on Seller without the written consent of the President of Seller.
  6. Shipping/freight is FOB shipping point prepaid and billed. Unless otherwise indicated, plus charges for any special packaging or handling required by Buyer. Risk of loss passes to Buyer upon delivery to the carrier. In the absence of specific instructions, Seller may select the carrier; provided, however, the carrier is not the agent of Seller. Seller reserves the right to make partial shipments. In addition, claims for shortages, other than loss in transit, must be made in writing not more than (5) days after receipt of shipment, otherwise the claim is waived.
  7. Buyer assumes full and complete responsibility for all uses and/or applications of Goods purchased from Seller, and agrees to indemnify, defend and hold Seller, its employee’s, agents and owners harmless from and against any and all liability, damages, losses, claims, demands, actions, causes of action, costs, including attorney’s fees and expenses, resulting from death or injury to any person, damage to any property, or any other alleged damages resulting from the aforementioned uses and/or application of the Goods purchased from Seller.