SALES TERMS and CONDITIONS
Unless otherwise agreed in writing, terms of payment are due in full 30 days from date of invoice. All past due accounts will be charged interest at the rate of 1.5% per month. All orders are subject to the approval of Seller’s credit department and seller may require full or partial payment in advance.
All prices are F.O.B. McClellan, CA unless otherwise stated by Seller. Seller will not be responsible for any loss, delay or breakage after receipt of an executed bill of lading or other shipping documents from the transportation carrier indicating the goods have been shipped in good order. Seller shall incur no liability for damage, shortages, or any other cause alleged to have occurred or existed at or prior to de-
livery or the equipment to the carrier, unless full details are entered on Buyer’s receipt documentation to the carrier.
Except as otherwise speciﬁed in this document, title will pass and delivery will be F.0.B. point of shipment at Seller’s warehouse in McClellan, CA. Risk of loss or damage will pass to Buyer upon delivery to carrier.
Seller shall not be liable for loss or damage of any kind resulting from delay or inability to deliver on account of ﬁre, labor troubles, accidents, acts of civil or military authorities, or from any other cause beyond Seller’s control.
New: The seller guarantees that the apparatus is new in condition, commonly purchased from the original equipment manufacturer thru distributorship channels, and will operate satisfactorily with competent supervision, under normal load usage and conditions. Such guarantee will extend for a period as long as the original guarantee by the manufacturer, unless otherwise stated by Seller, but in no event greater than one year from the date of delivery to the carrier. The manufacturer’s original warranty may or may not apply depending on the type of apparatus sold.
Unused Surplus: The Seller guarantees that the apparatus is unused and will operate satisfactorily with competent supervision, under normal load usage and conditions. Such guarantee will extend for a period as long as the original guarantee by the manufacturer, unless otherwise stated by Seller, but in no event greater than one year from the date of delivery to the carrier.
As Is: The goods purchased by the Buyer have been purchased “as is” and “with all faults”. The Buyer acknowledges that no warranties or merchantability or fitness for any particular purpose are to be implied in this transaction.
Warranty: If apparatus fails to operate within one year of the date of delivery to carrier, Seller agrees, at its option to replace, or rework the apparatus or parts causing it to not operate. All warranty work will be performed at Sellers facility in McClellan, CA. The warranty does not include expenses for removal from and replacing back in service, down time, loss of use, or expenses for returning goods to Seller. The replacement apparatus will have a warranty that is extended 60 days beyond original warranty period.
The foregoing warranty will not apply to defects within the guarantee period resulting from accident, negligence, abuse or misuse, improper storage or maintenance, improper installation, damage in transit, alterations, or repairs performed by third parties subsequent to the sale or service by Seller.
Cancellation: Orders may be terminated by Buyer only upon written notice prior to shipment and upon payment of reasonable and proper termination charges, plus 25% of the contract price.
Government Contracts: Seller is not bound to honor quotations for equipment purchased by or for governments of any kind unless Seller has been advised in writing at the time of quotation that it is a government job.
Taxes: The amount of the present or future sales, revenue, excise, or other taxes applicable to the products sold shall be added to the purchase price and shall be paid by the Buyer or in lieu thereof the Buyer shall provide Seller with a tax exemption certificate acceptable to the taxing authorities.
Return Policy: All returns will be subject to a 25% restocking fee plus all freight charges. All returns must be made within 60 days of the invoice date. After 60 days, no credit will be issued.
Mechanics Lien Law: Under the mechanics lien law (California code of civil procedures, section 1181 ET SEQ.) . Any Contractor, sub-contractor, laborer, supplier or other person who helps to improve your property, but is not paid for his work or supplies, has a right to enforce a claim against your property.
This means that after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your own contractor in full. If the sub-contractor, laborer, or supplier remained unpaid, a charge of 1.5% per month (18%
annual rate) will be made on past due accounts.