Terms and Conditions
Terms and Conditions
PRICESAll quotations and sales are F.O.B. point of shipment, unless otherwise expressly stipulated; all quotations and prices therein are subject to change without notice. Availability of items is subject to prior sales. Customer agrees to pay Seller for goods or services ordered based on prices quoted to Customer or based on prices in effect at time the goods or services are furnished, whichever is greater. Prices are exclusive of all federal, state or local taxes, unless otherwise noted. All sales tax or duty that Seller may be required to collect or pay will be added to the invoice to the Customer or they may be invoiced separately.
DELIVERY, STORAGE, SHIPMENT, INSURANCE AND FREIGHTDelivery dates from manufacturers are estimated and the number of hours or days to ship from one location to another is not guaranteed. If Customer is not able to accept the goods on the scheduled delivery date, Seller reserves the right to either cancel the order in full or store the goods at Customer's expense. The method and route of shipment are at Seller's discretion, unless the Customer supplies explicit instructions at the time of purchase. The Customer shall pay all costs for insurance and freight. Seller may ship the Customer's order by separate shipments. Packing, crating, shipment to packers or to dock side, customs charges and all other costs relating to shipment, exportation and importation shall be at Customer's expense.
TITLE AND RISK OF LOSSRisk of loss for damage to the goods shall pass to the Customer F.O.B. original point of shipment, regardless of who pays shipping costs, or upon storage of the goods for the benefit of Customer; however, title to the goods shall remain with Seller until the Customer has fully paid for the goods.
TERMS OF PAYMENTUnless otherwise stated on the face of this invoice, Seller's terms of payment are net thirty (30) days from the date of the invoice. Customer agrees that any past due amounts shall incur interest from the date due until date paid at the rate equal to the highest lawful rate permitted by the State of Michigan. Seller may charge and collect the maximum rate of interest permitted by applicable laws in effect. If any proceeding or suit is instituted against Customer to recover any past due amounts, then Seller is entitled to recover all of its costs and expenses related thereto, including its reasonable attorney's fees.
WARRANTYSeller warrants that it has title to items of sale. There is no further warranty, expressed or implied, in connection with the design, sale, merchantability or use of the items of sales and/or services. The rights and remedies of buyer hereunder (i) are exclusive and in substitution for, and buyer hereby waives, all other warranties, guarantees, obligations, liabilities, rights and remedies, express or implied, arising by law or otherwise, including but not limited to the implied warranty of merchantability, any implied warranty arising from course of performance, course of dealing or usage of trade, any implied warranty of fitness and any obligation or liability of Seller arising from tort or for loss of use, revenue or profit, or for incidental or consequential damages and (ii) shall not be modified except by a written agreement, date even herewith or subsequent hereto, signed on behalf of buyer and Seller by their respective duly authorized representatives.
LIMITATION OF LIABILITYNotwithstanding anything herein or otherwise to the contrary, express or implied, Seller's liability for any claim or action of any kind arising out of, in connection with or resulting from the manufacture, sale, delivery, resale, use or repair of goods or work furnished by Seller shall not exceed Seller's price for the good, component part thereof or work which gives rise to such claim or action; and, Seller shall in no event be liable for special, indirect, punitive, incidental or consequential damages or contingent liabilities arising out of any order covered hereby or the failure of any goods to operate properly, including any damages occasioned by delay, lost business opportunity or lost profits or otherwise. Customer assumes all liability for any loss, damage or injury to persons or property arising out of, connected with or resulting from the possession, use or application of such goods, either alone or in combination with other goods.
INDEMNIFICATIONa. CUSTOMER AGREES TO PROTECT, INDEMNIFY, HOLD HARMLESS AND DEFEND SELLER FROM AND AGAINST ANY CLAIMS, DEMANDS, LIENS, DAMAGES, CAUSES OF ACTION, JUDGMENTS, LOSSES AND LIABILITIES OF ANY NATURE WHATSOEVER ARISING IN ANY MANNER, DIRECTLY OR INDIRECTLY, OUT OF OR IN CONNECTION WITH OR IN THE COURSE OF OR INCIDENTAL TO (i) CUSTOMER'S USE OR APPLICATION OF OR OPERATIONS WITH THE GOODS, REGARDLESS OF CAUSE OR OF THE SOLE, CONCURRENT OR CONTRIBUTING FAULT OR NEGLIGENCE OF SELLER OR ITS EMPLOYEES OR AGENTS; AND/OR (ii) ANY BREACH OF OR FAILURE TO COMPLY BY SELLER WITH ANY OF THESE CONDITIONS.
b. CUSTOMER AGREES TO PROTECT, INDEMNIFY, HOLD HARMLESS AND DEFEND SELLER FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LOSSES, DAMAGES AND LIABILITIES FOR INJURY TO OR DEATH OF CUSTOMER, CUSTOMER'S AGENTS OR EMPLOYEES OR ANY EMPLOYEE OR AGENT OF ANY CO-VENTURER, CONTRACTOR, SUBCONTRACTOR OR SUPPLIER OR PERSON AT CUSTOMER'S WORK LOCATION ARISING IN ANY MANNER, DIRECTLY OR INDIRECTLY, OUT OF OR IN CONNECTION WITH OR IN THE COURSE OF OR INCIDENTAL TO ANY OF CUSTOMER'S USE OR APPLICATION OF OR OPERATIONS WITH THE GOODS, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF SELLER OR ITS EMPLOYEES OR AGENTS, WHICH INDEMNITY OBLIGATION RESPECTING CUSTOMER'S EMPLOYEES OR AGENTS OR ITS SUBCONTRACTOR'S EMPLOYEES OR AGENTS SHALL BE SUPPORTED BY $500,000 OF LIABILITY INSURANCE TO BE FURNISHED BY CUSTOMER.
RETURNS, CANCELLATIONS AND CLAIMSNo goods may be returned, credited or replaced, unless prior to the return arrangements for such return have been made and approved by Seller. In the event that Seller should so approve a return of goods, Seller may apply a restocking charge. Material purchased from Seller and shipped direct from third-party vendors, will be subject to third-party vendor's return policy including freight, fees and other costs relating to such return. Orders for goods or parts of special design, size or materials are not subject to cancellation or return. Goods that are carried in Seller's normal inventory may be returned for credit only if in Seller's sole judgment, they are unused and in resalable condition. Claims for shortages or damage, or deductions for erroneous charges, must have Seller's prior written approval and must be presented within thirty (30) days of receipt of goods by Customer or its representatives.
ENFORCEMENTAny legal action pertaining to these conditions and/or goods or work furnished by Seller must be brought in the courts of the State of Michigan, and Customer further consents to the jurisdiction of the courts of the State of Michigan relating to any such action. These conditions shall be governed by and construed in accordance with the laws of the State of Michigan. Should any provision hereof be held invalid or illegal, such holding shall not affect the validity of the remaining provisions, failure to enforce any or all of these provisions in a particular instance shall not act as a waiver of same. No conditions, other than those stated herein, and no agreement or understanding, oral or written, in any way purporting to modify or negate these conditions, whether contained in Customer's order form or in any other of Customer's forms or elsewhere, shall be binding on Seller unless agreed to in writing and executed by an officer of Seller. No agent, employee, or representative of Seller is authorized to alter any of these conditions or to agree to any conditions or other provisions whatsoever outside those stated herein.
Freight PolicyMaterial purchased from Seller is quoted and sold based on FOB Seller's warehouse unless otherwise specified. This policy is subject to change and may be amended on a per order basis depending on destination, commodity, time limitation, and equipment availability.
Return PolicyItems may only be returned if the product is new, unused, and in saleable condition as determined by Seller. Stock items shipped in error or defective in workmanship may be returned for full credit and will be free of all restocking charges if returned to the Seller's original shipping location. Returns must be made within thirty (30) days from the date of shipment. Notification of the intent to return an item must be made to Seller prior to returning an item. The customer must provide the invoice number, date of invoice, and the reason for return. Items that were ordered from a manufacturer through Seller must be approved by the manufacturer prior to the return of the item. A return charge may be applied by the manufacturer for the return for the item. Freight costs to return the item will be paid in advance by the customer. If the item shipped from a Seller location it must be returned to the store of origin.
Claims PolicyClaims for damage must be made to delivering carrier including Seller's driver at the time of receipt. Report all damages and/or shortages to the motor carrier immediately and advise Seller within ten (10) days of receipt. Claims for damage and/or shortage on shipments should be promptly reported to the Seller shipping department.
PERSONAL INFORMATION WE COLLECTWhen you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as "Device Information."
We collect Device Information using the following technologies:
- "Cookies" are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- "Log files" track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- "Web beacons," "tags," and "pixels" are electronic files used to record information about how you browse the Site.
Additionally when you register an account through the Site, we collect certain information from you, including your name, billing address, shipping address, company, email address, and phone number. We refer to this information as "Account Information."
HOW DO WE USE YOUR PERSONAL INFORMATION?We use the Account Information that we collect generally to fulfill any orders placed through the Site (including processing your order, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Account Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATIONWe share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
BEHAVIOURAL ADVERTISINGAs described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative's ("NAI") educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using each service's opt out page:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance's opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACKPlease note that we do not alter our Site's data collection and use practices when we see a Do Not Track signal from your browser.
DATA RETENTIONWhen you create an account through the Site, we will maintain your Account Information for our records unless and until you ask us to delete this information.
CONTACT USFor more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at email@example.com or by mail using the details provided below:
29241 Beck Road, Wixom, MI, 48393, United States