AVAILABILITY: Availability is based upon current inventory levels and production schedules as of the date of the quote. Actual availability can only be determined on the date the order is placed.
SALES TAX: Unless specifically stated otherwise quoted prices do not include federal state or municipal sales tax or other tax which shall be the responsibility of Purchaser. Seller is required by law to collect 5% sales tax and ½% county sales tax where applicable on orders shipped within Wisconsin. If Purchaser is tax exempt Purchaser must submit certificate of exemption for Sellers files.
PRODUCTS WARRANTY: Having no control over the use of the products by Purchaser Seller assumes no liability connected with their use. Under no circumstances is Seller liable for any loss damage or expenses of any kind arising out of the use or inability to use its products. Seller warrants for period of (30) days after installation that its products shall be free from defects in material and workmanship. This warranty DOES NOT COVER workmanship of installation or dissatisfaction problems or damage due to improper use maintenance or handling. The Purchasers sole and exclusive remedy against Seller for a breach of this warranty shall be for the repair or replacement at the option of Seller, of defective products as provided herein.
DISCLAIMER: THE WARRANTIES CONTAINED HEREIN ARE EXPRESSINGLY IN LIEU OF ANY OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND SELLER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER EITHER IN CONTRACT OR ON ACCOUNT OF NEGLIGENCE, WITH RESPECT TO ITS PRODUCTS OR SERVICES PROVIDED HEREUNDER. NO OTHER REMEDY INCLUDING BUT NOT LIMITED TO INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS LOST SALES INJURY TO PERSON OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS SHALL BE AVAILABLE TO PURCHASER. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION IN THIS AGREEMENT.
PRICE FREIGHT RATES: Freight is FOB Shipping Point unless stated otherwise. All freight quotes are estimates only and are subject to actual costs incurred. If Purchaser requests product to be shipped from a location other than the quoted shipping point Purchaser is responsible for additional freight cost. Orders that are in stock usually will be shipped the same day. Most orders are shipped UPS unless instructed otherwise. Oversized and Bulk Pipe or heavy items are shipped via motor freight. If overnight or next day delivery is needed Seller will be happy to ship merchandise by any available express service Purchaser chooses.
SHIPPING ERRORS: Any claim of error in weight number or other specifications must be noted on the bill of lading and any claim arising therefore must be made in writing within the ten 10 days after receipt by Purchaser of the equipment material of goods sold or such claim shall be considered waived.
CANCELLATIONS: Any order resulting from this quotation is not subject to cancellation as a whole or in part and is not subject to change without written approval of the Seller. In the event Seller approves of a cancellation Seller shall be entitled to the full contract price less any expenses saved by reason of such cancellation.
FORCE MAJEURE: Seller shall not be responsible for any direct or indirect damages whatsoever caused by delays beyond the control of the Seller and without limiting the generality of the foregoing it shall not be responsible for any damages due to delays caused by fires strikes lockouts labor difficulties material procurement delays or any other cause beyond its control.
DAMAGE IN SHIPMENT: Despite Sellers best efforts items may occasionally be damaged in transit. Freight carriers are liable for damages only when damage is indicated on the bill of lading before Purchaser signs for the shipment. Therefore Seller recommends that Purchaser immediately upon receipt inspect the outside and contents of all cartons received. If any damage is found Purchaser should write details on the bill of lading and save the shipment including the outside container and inside packing material. Ask the delivery carrier to make an inspection immediately. Per ICC regulations it is the responsibility of the consignee to file a damage claim with the carrier promptly after inspection.
RETURNED MATERIAL: The amount of credit if any allowed to Purchaser for materials returned shall be the sole discretion of Seller. Most items may be returned within 30 days of receipt. Please call FAX or write Seller’s Customer Service Department for a Return Authorization Number and shipping instructions prior to return. Sellers standard restocking charge is 25%. Shipping charges should be prepaid unless otherwise arranged in advance. All merchandise must be carefully packed and will be subject to a charge if not in saleable condition.
CONSTRUCTION VENUE SEVERABILITY: This contract shall be governed and construed in all respects by the laws of the State of Wisconsin. The parties hereto agree that the only proper venue for any cause of action arising hereunder shall be in the state courts of the County of Rock State of Wisconsin and buyer hereby consents to such jurisdiction. In the event that any provision of this contract is declared void or unenforceable by any competent legislative or judicial authority said declaration shall not affect the enforceability of any other provision of this contract, it being the intent of the parties that this contract shall be severable and applied as if such void or unenforceable provision had not been included herein.