Terms and Conditions
Terms and Conditions
The following Terms and Conditions, along with the invoice (the “Invoice”) rendered to the customer (the “Buyer”) by Wollard International, LLC (the “Seller”) shall constitute the entire agreement (the “Agreement”) between the parties regarding the subject matter hereof. All previous negotiations, proposals and representations, including but not limited to any purchase order submitted by the Buyer (whether or not accepted by the Seller), are superseded. hereby, and this Agreement shall constitute a complete and exclusive statement of the terms of the agreement between the Buyer and the Seller.
1. Delivery/Risk of Loss. Unless otherwise specifically accepted by Seller in writing; (a) all transportation charges shall be paid by the Buyer; (b) all documentation required for export shall be completed by the Buyer; the Seller is not responsible for delays of shipment of goods or detainment fees assessed at any customs ports due to improper or untimely documentation (c) custom duties, consular fees, insurance charges and other applicable charges shall be borne by the Buyer; (d) title shall pass upon receipt of payment in full by Seller; and (e) risk of loss shall pass to the Buyer upon delivery to a carrier at the shipping point. Risk of loss or damage to the products shall pass from the Seller to the Buyer when the products have been loaded at the origin of manufacturing for deliver to the Buyer.
2. Payment Agreement. Payments are to be made in U.S. funds: Unless otherwise specified all invoices are due Net 30 days from date of shipment. PRICES INVOICED WILL BE THOSE IN EFFECT AT TIME OF SHIPMENT.
a. Seller reserves the right to place a service charge on past due accounts of 1.5% per month (18% annual rate) or the highest rate permitted by the law.
b. The Buyer is liable to the seller for all costs of collecting past due accounts plus jo reasonable attorney’s fees.
c. Any Payment refunds and/or returns shall not be executed until the original funds transfer/payment has been completed through our financial institutions.
3. Right of Inspection and Claims. The Buyer shall promptly inspect the items referenced in the Packing Slip and/or Invoice upon delivery. All claims arising in connection with said inspection for any alleged shortage, damage, or defect, or for alleged failure of the items in the Packing Slip and/or invoice to meet any specification or terms hereof, must be received by the Seller in writing particularizing the claim, within ten (10) days of delivery of such items.
4. Returns. No goods will be accepted for return without prior approval and may be subject to a restocking charge.
a. If the product is to be returned, a Return Material Authorization (RMA) number will be issued for reference purposes on any shipping documents. Failure to obtain an RMA in advance of returning an item may result in a service fee of $100.00 for parts orders in addition to any applicable restocking charges. Whole goods returned without an RMA shall be subjected to fee equal to 1% of the sale price.
b. The Seller reserves the right, at its sole discretion, to refuse the return of any item for credit. If approval is granted, and applicable, the Buyer agrees to pay a twenty five percent (25%) restocking charge. Authorized returns must be shipped prepaid to the Seller’s address provided upon receipt of authorization, and must be insured at the expense of the Buyer. Freight costs on shipments to the Buyer may be paid by the Seller on warranty claims only. The Seller disclaims all responsibility for goods damaged or lost in-transit during the course of any return.
5. Product Exportation. These items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original-form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations.
6. Limited Warranty. The Seller warrants that any new products manufactured by it, when shipped, shall be free from defects in material and workmanship under normal use and conditions for the purpose for which it was manufactured for a period determined at time of sale, provided, however, the Seller does not in any manner warrant any product sold by the Seller that was manufactured by a third party from whom separate warranties may be available. Any Good failing to meet this warranty are subject to the sole and exclusive remedy set forth below. No other warranties apply.
a. This warranty shall not apply to any equipment which has been subjected to misuse; neglect or accident, or has been altered or tampered with, or on which corrective work has been done without the Seller’s specific written consent. The Seller does not recommend and will not assume any responsibility for rebuilding, repairing, special plating, coating, welding, or heat treating done outside the Seller’s plant by or at the request of the Buyer. Products not of the Seller’s manufacture, and included in the Seller’s proposal, and special plating, coatings or heat treatment applied to the Seller’s products are not warranted in any way by the Seller but carry only the manufacturer’s warranty, if any,
b. ALL REMEDIES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM FAILURE OF ANY GOODS TO COMPLY WITH THE WARRANTY ARE EXPRESSLY EXCLUDED AND HEREBY WAIVED BY THE BUYER.
c. As a condition for rejecting Goods and entitling the Buyer to a refund of the purchase price or obtaining substitute Goods at the option of Seller notice of rejection of Goods shall be given in writing to Seller by the Buyer within thirty (30) days of receipt of the Goods. Failure to give such notice in writing shall constitute acceptance of the Goods as if in full compliance with the warranty stated above.
7. Taxes. Unless otherwise indicated on the face of the Invoice, all prices and charges are exclusive of excise, sales, use, property, occupational, or like taxes. If any such taxes must be paid by the Seller or if the Seller is liable for the collection of such tax, the amount thereof shall be in addition to the amounts for the items sold. The Buyer agrees to pay all such taxes or to reimburse the Seller therefore upon receipt of its invoice. If the Buyer claims exemption from any sales, use or other tax, the Buyer shall indemnify and hold harmless the Seller from and against any such tax, together with any interest or penalties thereon which may be assessed if the items are held to be taxable.
8. Intellectual Property. The Buyer agrees not to use the trademarks, trade names, designs or other patented or registered intellectual property of the Seller without the written consent of the Seller. The Seller shall have no liability for claims of infringement based on information provided by the Buyer, or directed to items delivered hereunder from which the designs are specified in whole or part by the Buyer, or infringements resulting from the modification, combination or use in a system of any item sold hereunder. If a claim is based on information provided by the Buyer or if the design for an item delivered hereunder is specified in whole or in part by the Buyer, the Buyer shall defend, indemnify and hold harmless the Seller from and against all costs, expenses and judgements resulting from any claim that such item infringes any patent, trademark, copyright, trade dress, trade secrets or any similar right.
9. Force Majeure. The Seller reserves the right to modify the order in the event of fire, explosion, accident, flood, labor disputes, government acts, war, acts of God, or the inability to obtain suitable material, equipment, fuel, power or transportation or any other conditions beyond the Seller’s control