Shipping & Warranty
Shipping will be 8 to 10 days after the order has been process.
SHIPMENT; TITLE; RISK OF LOSS. All shipping dates are approximate only and not guaranteed. Unless otherwise stated, title and risk of loss shall pass from Seller to Buyer once the Goods are loaded on the first carrier at Seller’s facility. All claims for loss or damage in transit must be filed against the carrier by Buyer. Buyer shall pay freight, unless prepaid, and shall unload shipments promptly. Any increase in freight rates for shipments whether prepaid or not and all demurrage shall be borne by Buyer. Buyer may contact the local sales office for the current shipping fees and freight rates.
EXCUSE OF PERFORMANCE. The parties will be excused from their respective obligations hereunder (except for Buyer’s payment obligations) if performance is prevented or delayed due to acts of God, war, terrorism, riot, fire, labor trouble (including strikes, lockouts and labor shortages), failure of computer systems to operate properly, destruction or loss of electronic records or data, plant shutdowns, unavailability of materials or components, unavailability of or delays in transportation, insufficient production capacity, unavailability or shortage of fuel products, explosion, accident, compliance with governmental requests, laws, regulations, orders or actions, or other unforeseen circumstances or causes beyond such party’s reasonable control. If such event affects Seller, Seller may, without liability, allocate and distribute the Goods among such customers in such proportions as Seller, in its sole discretion, determines.
LIMITED WARRANTY. THE GOODS ARE SOLD “AS IS, WITH ALL FAULTS”, WITHOUT RECOURSE, AND SELLER DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF OR AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BUYER’S SOLE REMEDIES SHALL BE AS SET FORTH IN THE PARAGRAPH TITLED “LIMITATION OF REMEDY AND LIABILITY” BELOW.
LIMITATION OF REMEDY AND LIABILITY. BUYER WAIVES ALL CLAIMS AGAINST SELLER RELATING TO GOODS PURCHASED FROM OR THROUGH SELLER AND AGREES TO ASSERT ALL CLAIMS FOR BREACH OF WARRANTY, CONTRACT, OR TORT AGAINST THE MANUFACTURER OF THE GOODS. THE PARTIES AGREE THAT BUYER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR THE REPAIR OR REPLACEMENT OF DEFECTIVE GOODS BY THE MANUFACTURER IN ACCORDANCE WITH THE MANUFACTURER’S CUSTOMARY WARRANTY THEN IN EFFECT. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S CUMULATIVE LIABILITY TO BUYER EXCEED THE PURCHASE PRICE FOR THE SPECIFIC GOODS GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE. BUYER AGREES THAT IN NO EVENT SHALL SELLER’S LIABILITY TO BUYER EXTEND TO INCLUDE SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES. THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, COST FOR LABOR, LOSS OF ANTICIPATED PROFITS, LOSS OF USE, LOSS OF REVENUE, AND COST OF CAPITAL. ALL ILLUSTRATIONS, DESCRIPTIONS, SPECIFICATIONS AND ENGINEERING INFORMATION HAVE BEEN OBTAINED FROM THE PRODUCT MANUFACTURERS FOR BUYER’S CONVENIENCE ONLY. SELLER DOES NOT ASSUME RESPONSIBILITY FOR ACCURACY OF THE INFORMATION PROVIDED BY THE MANUFACTURER.
REJECTION OF NON-CONFORMING GOODS; RETURNS. Rejection of non-conforming Goods must be made by Buyer in writing within 10 days of receipt and all defects ascertainable at time of giving notice shall be stated with particularity or deemed waived. In the event of any rejection, the respective Goods shall be held intact, and Buyer shall specify to Seller the reason for the rejection, accompanied by tally of nonconforming Goods. If full credit is allowed for non-conforming Goods, the Goods must be retained intact at the delivery point, and Seller shall have 60 days from the date of such allowance to dispose of such Goods. A claim that Goods are non-conforming shall not entitle Buyer to deduct any sum from any invoice unless such claim has been allowed in writing. No returns of Goods shipped, whether claimed to be non-conforming or otherwise, are permitted without Seller’s prior written authorization or unless Buyer has first obtained from Seller a return authorization number. In no event may products be returned after sixty (60) days from the date of the Order Confirmation/Invoice. Any returns must be in original unbroken containers and must identify the invoice number. All returns are subject to inspection by Seller and a handling charge as from time to time published on Seller’s website.