TERMS AND CONDITIONS OF SALE, WARRANTY, DISCLAIMER, AND LIMITATION OF LIABILITY
Sales are made only upon the following terms and conditions. Any additional or different terms contained in your purchase order or acknowledgment are hereby objected to, unless otherwise specifically agreed to in writing signed by Parts and Services, LLC. Acceptance of the goods by you will constitute your acceptance of these terms and conditions.
PRICE AND
TERMS
All prices are in U.S. dollars.
Initial orders require a 25% deposit. Payment for
credit card orders are net at the time of shipment.
Payment is due the 30th day following the date of
shipment, with approved credit, unless otherwise
stated in the quotation. All invoices that remain
unpaid after 30 days are subject to a finance charge
of 1% per month (12% a year) or the legal applicable
maximum plus any and all legal fees for collection
shall be added.
SHIPPING AND
HANDLING
All sales are F.O.B. the place
of shipment (ie. our plant) unless otherwise stated
in the quotation. Truck shipments are normally
shipped collect, but they can be shipped prepaid with
the charges added to the invoice. A handling charge
will be added to all invoices except for
customer-pickup orders. Delivery dates contained in
our quotation are approximations only, and Parts and
Services, LLC shall incur no liability for failure to
deliver on such dates. Risk of loss on all goods sold
hereunder, whether or not such goods conform to this
contract, shall pass to you when such goods are
delivered to a common carrier for delivery to
you.
CREDIT
POLICY
MasterCard and Visa credit
cards are accepted. Customers with established credit
may purchase for immediate processing of orders.
Customers not previously established with us must
apply for open-account status.
MINIMUM
ORDER
Our minimum order is $25.00.
Orders received for less than $25.00 will be subject
to a service charge to bring the total to
$25.00.
RETURNED
MERCHANDISE
Parts and Services, LLC will
inspect all shipments at once, upon receipt.
Customers must make all claims directly against the
carrier where loss or damage occurs. No returned
merchandise will be accepted unless previously
authorized by Parts and Service, LLC. All returned
shipments must be prepaid. The minimum restocking charge will be 25%
for any material not found to be defective. Such
merchandise must be in original condition and unused
in order to qualify for credit. No returns for credit
will be considered more than 30 days from the date of
shipment.
TAXES
You assume and agree to pay to
Parts and Services, LLC, and to hold Parts and
Services, LLC harmless from any sales, use, excise or
other tax or assessment imposed upon or made
applicable to this sale by any federal, state or
local government authority.
WARRANTY
Parts and Services, LLC
warrants that this product will be free from defects
in material and workmanship for a period of 1 year
from the date of shipment thereof. Within the
warranty period, Parts and Services, LLC will repair
or replace such products which are returned to it
with shipping charges prepaid and which will be
disclosed as defective upon examination by Parts and
Services, LLC. This warranty will not apply to any
product which will have been subject to misuse,
negligence, accident, restriction and use not in
accordance with the manufacturer's instruction or
which will have been altered or repaired by persons
other than the authorized distributor or employees of
the manufacturer.
DISCLAIMER
The foregoing warranty is
exclusive and is in lieu of all other warranties,
written, oral or implied, including the warranty of
merchantability and the warranty of fitness for a
particular purpose.
LIMITATION OF
LIABILITY
No claim of any kind hereunder,
whether as to goods delivered or for non-delivery and
whether or not based on negligence shall be greater
in amount than the purchase price of the goods in
respect to which the claim is made, and in no event
shall Parts and Services, LLC be liable for special,
indirect, incidental, or consequential
damages.
CANCELLATIONS
Cancellations will be accepted
only upon terms that will insure Parts and Services,
LLC against loss.
CONNECTICUT
CONTRACT
The contract resulting from
this transaction shall be governed by and construed
in accordance with the laws of the State of
Connecticut.