Payment Options & Terms of Sale
* WIRE TRANSFER
* C.O.D.
- Company Check
- Bank Check
* CREDIT CARD
- Visa
- Mastercard
* NET TERMS
(approved customers only)
This is the preferred method of payment for all overseas
accounts. A $30 fee for incoming wire charges will be added
to the invoice, and the sender is responsible for all wire
fees charges by their bank. Once all money has reached our
bank, we will release the shipments and provide tracking
information.
All C.O.D. orders still require a hard copy purchase order
to be faxed to (727) 781-6153 or emailed to your salesperson.
All first time orders will require bank and trade references
for approval for company or bank certified check.
We acccept Visa and Mastercard. A 3% handling fee is added
to your invoice for this method of payment. Please contact
your salesperson for a credit card authorization form to
be faxed or emailed to you. Once the form is filled out,
signed, dated, and returned, we will release the shipment
and provide tracking information.
Net terms are for approved customers only after bank and
trade references have been provided that demonstrate excellent
pay history.
Seller
Warrants to Buyer that for a period of 30 days following
the shipment of products to Buyer, the Products will be free
from defects in material and workmanship and will function
in substantial compliance with the manufacturer’s written
specifications thereof. Buyer’s exclusive remedy shall,
in case, be limited, at the Seller’s election, to:
A) Repair or replacement of the defective products: B) Refund
of the purchase price thereof : C) Crediting of the same
against future purchases by Buyer. THE FOREGOING WARRANTY
IS THE ONLY WARRANTY MADE BY SELLER WITH RESPECT TO THE PRODUCTS.
THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND BY
THE SELLER, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION
OR PERFORMANCE OF THE PRODUCTS, INCLUDING BUT NOT LIMITED
TO THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
In
no event will seller be liable for any lost profits or any
other incidental or consequential Damages whatever, whether
or not seller has been advised of the possibility of the
same.
ALL
PRODUCTS SHALL BE DEEMED AND PRESUMED TO BE ACCEPTABLE TO
BUYER AND IN FULL COMPLIANCE WITH THE WARRANTIES MADE HEREIN
UNLESS, WITHIN 30 DAYS FROM THE DATE OF SHIPPING, BUYER SHALL
HAVE NOTIFIED SELLER IN WRITING TO THE CONTRARY. ANY CLAIMS
FOR SHORTAGE OR IN TRANSIT DAMAGE MUST BE MADE TO SELLER
IN WRITING WITHIN 10 DAYS FROM THE DATE OF INVOICE. ALL CLAIMS
AND RETURNS MUST, MOREOVER, BE SUBMITTED TO SELLER’S
FACILITY USING THE INVOICE. ALL RETURNS MUST BE AUTHORIZED
IN ADVANCE BY SELLER OR ON SELLER’S STANDARD RETURN
AUTHORIZATION FORM.
All
products shall be shipped F.O.B. Seller’s facility
and shall, except for any claim or lien, Seller returns for
non-payment or other breach of terms, become the property
of Buyer upon delivery to the carrier. Buyer shall assume
all risk and liability for loss, damage or destruction after
delivery to carrier.
Title
to the Products shall pass to Buyer upon delivery to the
carrier. Buyer agrees, however, that Seller shall retain
a purchase money security interest in all Products and to
proceeds thereof, until the purchase price and other charges
due to Seller shall have been paid in full. Buyer agrees
to execute any financing statement or other documents as
Seller may request in order to perfect Seller’s security
interest. Upon any default by Buyer hereunder, Seller shall
have all rights and remedies of a secured party under the
Florida Commercial Code, which rights and remedies shall
be cumulative and not exclusive.
Seller
makes no representation concerning patents, trademarks, tradenames
or service marks (collectively “Patents”) of
any of its Products. Seller’s obligation for Patent
infringement is expressly limited to any indemnification,
which Seller’s vendor of the Products has agreed in
writing to provide (or by operation of law has been deemed
to provide) to Seller.
Buyer
shall be responsible for all reasonable costs and expenses
incurred by Seller in the Collection of any sums owing by
Buyer or in Seller’s enforcement of any provision of
this Agreement and Seller shall not be obligated to make
any further deliveries to Buyer. Such reasonable costs and
expenses shall include, but not be limited to, reasonable
attorney’s fees.
Seller
shall not be liable for any failure or delay in the performance
of order or contracts or in The delivery or shipment of Products
or for any damages suffered by Buyer by reason of such failure
or delay, when such failure or delay is, directly or indirectly,
caused by, or in any manner arises from fires, floods, accidents,
riots, acts of God, war, governmental interference of embargoes,
strikes, labor difficulties, shortage of labor, fuel, power,
material or supplies, transportation delays, delays in deliveries
by Seller’s vendors or any other cause or causes(whether
or not similar in nature to any of those herein specified)
beyond Seller’s control.
ENFORCEMENT
OF THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE
OF FLORIDA. ANY COURT ACTION OR PROCEEDING OF ANY NATURE
WHATSOEVER, IN LAW OR EQUITY, FOR DAMAGE OTHERWISE, RELATED
THERETO SHALL BE INSTITUTED ONLY IN THE COURTS BY THE COUNTY
OF PINELLAS IN THE STATE OF FLORIDA AND ONLY SUCH COURTS
SHALL HAVE JURISDICTION OF ANY ACTION OR PROCEEDING. BY ACCEPTANCE
OF THE PRODUCTS, BUYER IRREVOCABLY CONSENTS TO THE PERSONAL
JURISDICTION OF SUCH COURTS IN CONNECTION WITH ANY SUCH ACTION
OR PROCEEDING.
The
Invoice and these TERMS AND CONDITIONS shall constitute the
Agreement between Seller and Buyer. If the terms and conditions
of this Agreement differ in any way from the terms and conditions
of Buyer’s purchase order or any other document submitted
by Buyer, this agreement will be construed as a “counteroffer”
and will not be deemed an acceptance of Buyer’s terms
and conditions which conflict herewith. Buyer’s acceptance
of the products shall be conclusive presumption that Buyer
has accepted all of the terms and conditions of the Agreement.
No addition to or modification of any of these terms will
be effective unless made in writing and signed by Seller
and Buyer
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