All sales are expressly limited to these terms and conditions, and the rights and liabilities of the parties shall be governed exclusively by the terms and conditions herein. Except to the extent otherwise specifically provided, any contract entered into by the Seller and Buyer shall be governed exclusively by these standard terms and conditions of sale regardless of any statement to the contrary or any other inconsistent or additional terms and conditions contained in any Purchase Order or other document submitted or issued by Buyer with respect to such contract: and receipt and acceptance, whether under protest or otherwise, of the materials or supplies delivered pursuant to such contract shall be conclusive evidence of Buyer's acceptance of Seller's terms and conditions as aforesaid and may not be interpreted as an acceptance or an offer to contract on the basis of any Buyer's terms and conditions. Seller possesses the exclusive right to accept or refuse any and all orders.
All invoices are Net 30 Days from date of invoice to accounts in current standing. Seller may require full or partial payment in advance in its sole judgment, the financial condition of the buyer does not justify the terms specified. A charge of 1-1/2 percent (1-1/2%) per month ( or at the highest rate permitted by law) shall be payable on overdue accounts.
All shipments are made FOB Max Industrial Solutions or point of manufacture.
COUPLINGS & ACCESSORIES $750.00 Prepaid
HOSE & COUPLINGS MIXED $3000.00 Prepaid
This applies to any point in the continental 48 states. Standard packaging included with the exception to crating. Non-coilable hose in lengths exceeding 40 feet will be shipped collect without freight allowance. Seller reserves the right to determine most economical shipping method on prepaid shipments. Delivery to the initial common carrier shall constitute the delivery to the buyer. Our responsibility insofar as transportation risks are concerned, cease upon the delivery of the merchandise in good condition to such a carrier, and all the merchandise shall be shipped at the buyer's risk.
All back orders stand on their own in regard to our freight policy.
All claims for damage are the responsibility of the buyer and should be made to the carrier in writing.
All prices are subject to change without prior notice. Possession of price list or quotation does not constitute acceptance of order.
All specifications are subject to change without prior notice.
Permission must be obtained in writing from seller before any products may be returned. Only goods that are in new and in resalable condition will be considered. Minimum handling charge will be 15%. Return transportation cost will be at buyer's expense.
NOTE: ALL ORDERS FOR CUT OR COUPLED HOSE ARE NON-CANCELABLE AND NON-RETURNABLE.
Seller warrants that its products and materials shall be free from defects in material and workmanship under normal use and service. The Seller's liability and the Purchaser's remedies shall be limited to replacement or repair of any defective goods free of charge, or at the Seller's option, a refund of the purchase less an adjustment charge for the service rendered by the defective goods. THE SELLER AND MANUFACTURER SHALL IN NO EVENT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. With respect to goods not of the Seller's own manufacturer, this warranty shall apply only to the extent that the Seller is able to enforce a claim for liability against the manufacturer thereto. The Purchaser shall give written notice to the Seller forthwith after the discovery of any defect and thereafter shall make further use of the goods at his own risk. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY BROADER WARRANTY OF MERCHANTABILITY AND/OR ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED BY AND FOR BOTH SELLER AND MANUFACTURER.