Control Concepts Terms and Conditions of Sale
Control Concepts (hereinafter designated as Seller) hereby accepts your order with the condition that this acceptance by us is expressly made conditional on assent by you to all terms and conditions set forth below, notwithstanding that they may be in addition to or different from those contained in your order or acknowledgment. Acceptance by you of any of the material covered by this order or failure to give notice of objections to any of terms set forth herein within ten (10) days of the date hereof, shall be deemed to be assent by you to these terms and conditions. It is understood and agreed that the terms and conditions contained herein constitute the complete and exclusive statement of those terms and supersedes all prior communications between the parties with respect to the equipment described on your purchase order. This Agreement in its entirety supersedes any and all verbal promises. If any item in this agreement is deemed unenforceable, all other items shall remain in force and effect.
PAYMENT TERMS: COD - we accept credit cards
BASIS OF OFFER: All equipment and/or materials are sold in accordance with manufacturers’ specifications and/or approved submittal data and not necessarily in accordance with “Plans and Specifications.” Seller makes no representation as to design, application and/or fitness for a particular purpose. Any releases not including approved submittals is the responsibility of the Buyer.
LEAD TIMES: Shipment lead times reflect current production schedules based upon current release to production. Seller shall not be
responsible to purchaser (or ultimate user) for delays in delivery due to acts of God, strikes, fires, accidents, unavailability of equipment and/or materials, or any other causes beyond seller’s control.
DAMAGES DISCLAIMER: No provision for liquidated damages in the event of any breach of this contract by the Seller shall apply to this sale, and any provision for liquidated damages shall be of no force and effect unless specifically agreed to by the Seller in writing signed by an officer of the corporation. Seller will not accept any back charge without its consent. Seller shall not be liable to purchaser for costs, damages, expenses or consequential damages arising out of, or resulting from, the purchase or use of equipment and/or materials, or claims made under Manufacturer’s written Limited Warranty.
DELIVERY: Deliveries shall be made FOB manufacturers’ factory. Title and risk of loss shall pass to the Buyer at FOB point. Buyer agrees to accept delivery of any part or all of the manufactured material upon completion of same and failure of the Buyer to furnish Seller shipping instructions shall in no way alter the terms of the payment of Seller’s invoice. Seller shall not be responsible for any storage for any reason unless agreed to in writing before such action is deemed necessary. Where an allowance for freight is included, only the first destination will be allowed.
Control Concepts Terms and Conditions of Sale (continued)
CLAIMS: Buyer shall notify Seller in writing, within (10) days if equipment is defective or nonconforming. Seller shall have the option of
reinspection before allowing or rejecting the Buyer’s claim. Failure to make such claim within ten (10) days shall constitute acceptance.
Expenses incurred in connection with claim for which the Seller is not liable will be paid by Buyer. Any claim for corrective work done upon the equipment covered hereunder, must be approved beforehand, in writing, and signed by an officer of the Seller. Defects that do not impair the service shall not be cause for rejection by the Buyer.
ALTERATIONS: Notice from the buyer to suspend work, delay delivery or terminate this order shall entitle Seller to payment from the Buyer for all costs, direct and indirect, incurred by the Seller on the balance of the order to the date of receipt of such notice.
RETURNS: Control Concepts Inc. offers a “limited” 30 day return policy on most parts. All parts must be unopened, uninstalled, and Restockable/Resellable as “NEW”. Material accepted for return is subject to a minimum Restocking Charge of 25% of the initial invoice. Restocking fees vary by manufacturer and item. The Customer is responsible for all shipping charges related to Returned Goods and if free freight was offered the Customer will now be responsible for cost of the initial shipping in addition to any applicable restocking charges.
Custom/Special built parts (including Non-Catalog Items, Items built to customer specifications, “Special” built as deemed by the Manufacturer) cannot be returned for credit under any conditions.
An RMA (Returned Merchandise Authorization) form must accompany all returns. Please call our Customer Service department at 800-447-0691 to request an RMA.
TAXES: Purchaser agrees to pay all sales, excise or other taxes, which may be applicable to the sale of the equipment and/or materials.
REQUIRED DELIVERY SCHEDULE: Seller and Purchaser agree that for a “required delivery schedule” to be binding upon Seller or Seller’s source of supply, a separate written confirmation to purchaser, confirming the required delivery schedule, must be provided to be binding on either Seller or Seller’s source of supply. If this is for resale, a copy of your Resale Tax Exempt Certificate will be required for taxes to be excluded from this sale.
ATTORNEY’S FEES: If legal action becomes necessary by seller, to collect any monies due to seller from purchaser, purchaser agrees to pay Seller’s reasonable attorney’s fees and costs.
WARRANTY: The only warranty on the equipment described herein shall be the Manufacturer’s written, Limited Warranty in effect at the time of shipment. Buyer acknowledges that Seller is not providing any Warranty on the equipment, and can only provide Buyer with the Manufacturer’s written Limited Warranty on the equipment. Purchaser further acknowledges that Manufacturer’s Written, Limited Warranty is limited to the replacement or repair of the Equipment, FOB point of shipment, and is subject to such other and further limitations as set forth in the Written, Limited Warranty of Manufacturer. Further, Buyer agrees to indemnify and hold harmless Seller, for any and all Claims of Damage(s), Expense(s) Cost(s) or Consequential Damages alleged or claimed by virtue of the furnishing of equipment. Buyer agrees that in the event of an alleged Warranty Claim made, either through Buyer or Buyer’s customer, or otherwise, which in truth and fact turns out to be a Non-Warranty item and is attributable to the acts of others, failure to maintain equipment, or other reasons not the fault of the Manufacturer or Seller, that Seller and/or Manufacturer shall be reimbursed in full by Buyer for all expenses incurred in ascertaining the alleged Warranty Claim.
DISPUTES: In the event that any dispute, controversy or difference arises out of this sale not covered by the aforementioned terms and conditions, then both Seller and Buyer agree to settle the matter before an independent arbitrator.