Valex Terms & Conditions
CONTROLLING PROVISIONS:
These terms and conditions shall replace all terms and conditions of Buyer’s order and of any proposal or quotation to Buyer not agreed to by Buyer and Seller prior to the date of invoice. In the absence of a written acceptance by Buyer, an acceptance of any goods covered by Buyer’s order shall constitute an acceptance of these terms and conditions.
No waiver, alteration or modification of these provisions shall be valid unless made in writing and signed by an officer or other authorized representative of Seller.
PRICE, QUOTATIONS, & DISCOUNTS:
List prices, discounts, and quotations are subject to change without notice. All orders are subject to acceptance in writing by Seller. If it is necessary to change prices after order acceptance, Buyer’s approval will be obtained prior to shipment; otherwise the order will be deemed canceled.
TERMS:
1% cash discount will be allowed on all invoices if paid by check dated and envelope postmarked not later than ten (10) days following date of invoice; otherwise net 30 days. A carrying charge of 1 1/2% per month will be assessed on all overdue accounts.
CANCELLATION OR ADD-ONS:
Since all orders are individually entered for processing immediately upon receipt, Seller reserves the right to charge back to the Buyer costs incurred from either cancellation of the order or change of the order or of any item on the order. Seller also reserves the right to consider all add-ons as separate and new orders subject to all terms and conditions.
SHIPMENTS:
Seller will estimate the date of shipment as closely as possible and will make every effort to ship as promised but cannot and does not guarantee shipping dates. All materials sent out will be carefully examined, counted and packed. The cost of any special packing or special handling caused by Buyer’s requirements or requests shall be added to the amount of the order. No claim for shortages will be allowed unless made in writing within ten (10) days of receipt of a shipment. Claims for goods damaged or lost in transit should be made on the carrier, as Seller’s responsibility ceases on delivery to the carrier.
PRODUCT RETURNS:
In keeping with its goal of Customer satisfaction with its products, Seller agrees to supply replacement products or credit for returned goods, subject to the following return policy and procedures. Returns must be authorized in writing (Material Return Authorization Form), and will be replaced or credited, at Seller’s sole discretion, subject to the articles below.
(a) DEFECTIVE GOODS / WARRANTY. Seller warrants for one year from the date of shipments its manufactured products to the extent that it will replace those having defects in material or workmanship when used for the purpose which the Seller recommends. If Seller’s examination discloses to its satisfaction that the products are defective, and as adjustment is required, the amount of such adjustment shall be the net sales price of the defective products only and no allowance will be made for labor or expense of repairing defective products or damage resulting from the same. Seller warrants the products which it sells of other manufacturers to the extent of the warranties of the respective makers. THIS IS SELLER’S SOLE WARRANTY. SELLER MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED; AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED THE OBLIGATION STATED HEREIN ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THE WARRANTY. Seller neither assumes, nor authorizes any person to assume for it, any other obligation in connection with the sales of its products. This warranty shall not apply to any products or parts of products which (i) have been repaired or altered outside of Seller’s factory, in any manner; or (ii) have been subjected to misuse, negligence or accident; or (iii) have been used in a manner contrary to Seller’s instructions or recommendations.
(b) NON-DEFECTIVE GOODS. If Seller determines that current business conditions permit, Seller will take return of non-defective goods, up to 10% of each line item in the purchasing contract, if request is made within 120 days of original shipment. Upon authorization, goods must, on arrival at the Seller’s factory, be found to be of current design, unaltered, and in first-class saleable condition. A handling charge of 25%, or amount agreed to in the purchasing contract, whichever is greater, will be deducted from credit memoranda. If goods are found not to be in saleable condition, the cost of upgrading to saleable condition plus the handling charge will be deducted from credit memoranda; or, at Seller’s sole discretion, goods may be returned to the Buyer with transportation costs at Buyer’s expense.
(c) TRANSPORTATION CHARGES. Returned goods must arrive at the Seller’s factory via common carrier or normal ground delivery service with transportation charges prepaid, FOB the Seller’s factory. Goods appearing to have been damaged in transit will not be received. Transportation charges for defective goods or items shipped by Seller in error will be credited back to the Buyer.
PRODUCT MODIFICATIONS:
Consistent with Seller’s policy of offering quality products with optimum mechanical function, Seller reserves the right to modify any product contained herein without any prior notice. Seller also reserves the right to deliver modified products in fulfillment of any accepted order unless Buyer indicates otherwise.
COLLECTION CHARGES:
In the event Seller incurs any expenses for collection of an overdue account, reasonable collection charges including reasonable attorney’s fees will be added to the balance due, and Buyer agrees to pay said charges.
TAXES:
The amount of any sales, exise or other taxes, if any, applicable to the products covered by this order, shall be added to the purchase price and shall be paid by Buyer unless Buyer provides Seller with an exemption certificate acceptable to the taxing authorities.
LABOR LAW:
All goods herein are manufactured in accordance with Fair Labor Standards Act of 1939 as amended.
