TERMS AND CONDITIONS OF SALE
Orders, whether verbal or written, are subject to acceptance by MORRILL INDUSTRIES, INC., hereinafter referred to as the seller at its Escalon, California office. No terms or conditions of buyers order contrary to seller’s terms and conditions shall be binding upon seller unless specifically agreed upon by seller in writing. Sellers acceptance of orders shall occur by written acknowledgment or tender of delivery of goods and or services the subject hereof (good), whichever occurs first.
PRICES AND SALES POLICY
Until written confirmation of this contract has been received by buyer, all prices are subject to change without prior notice. We reserve the right to adjust orders to standard package quantities unless otherwise stated on buyer’s purchase order. We reserve the right to make product improvement without notice. If seller determines buyer’s credit is unsatisfactory or there is reasonable doubt concerning buyer’s ability to pay, payment in advance may be required or buyer shall provide security for such payment in an amount and form acceptable to seller. Unless otherwise specified by seller, terms are 5% discount allowed on accounts paid (postmarked) by the 10th of the month following the month of purchase. Net there after and becomes past due the last day of the month.
Cash discounts apply to the value of goods and the net invoiced value before transportation charges, taxes and additional duties. Unearned cash discounts will be charged back as an unpaid balance to the buyer’s account. Any past due amount is subject to a finance charge of 2% per month (24% per year) on the total past due balance in accordance with the Truth in Lending Act in Title 1 of the Federal Consumer Protection Act effective July 1, 1969.
No minimum order. There will be a $5.00 handling fee on all orders totaling $25.00 or less net.
All catalog pricing is list price. Buyer will be given their discount percentage upon credit approval.
PRICES, PRODUCTS, AND DESIGNS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
All prices are exclusive of taxes and excises. Sales, use and other taxes, by whomsoever levied, are to be paid by the buyer and unless invoiced, are to be paid by buyer direct to the appropriate governmental agency. Buyer is required to furnish seller with a copy of their tax exemption of resale certificate, otherwise applicable state sales taxes will be charged.
DELIVERY AND SHIPMENT OF MATERIALS
All goods are sold F.O.B. Escalon, California. Delivery of material to a common carrier shall constitute delivery thereof to buyer and risk of loss shall pass to buyer at such time. Buyer shall file claims for damage to or loss of material in transit direct with carrier. Buyer assumes all risks and liability for the results obtained by the use of material delivered hereunder. No claim of any kind, whether as to material delivered or for non-delivery or late delivery of material and whether based on negligence or otherwise, shall be greater in amount than the purchase price of the material in respect to which such claim is made. In no event shall seller be liable for indirect or consequential damages or for anticipated profits or loss of use of equipment.
TERMS AND CONDITIONS OF SALE
Return authorization must be obtained from seller, and original invoice provided by purchaser before any goods are returned for credit. All returns must be prepaid, no collect shipments will be accepted. All returns of new salable merchandise are subject to a 25% restocking fee. Return parts may also be subject to rework charge if upon receipt of goods, inspection shows the goods are not in salable condition. There will be no return authorization given on goods purchased more than 60 days prior to the request for return.NOTE: Not all items listed in catalog are considered stock items. They are low usage items that can be manufactured by seller but not necessarily kept in stock. These items are usually in size 14″ in diameter and up, considered as special built items and non-returnable unless authorized by seller.There will be no return authorization given on epoxy fittings of any configuration. These fittings have a high venerability to damage because of mishandling. If the fittings are chipped or scratched they must be totally sandblasted and re-epoxied. This would void any possibility of making this a profitable product should the item be returned. There will be no return authorization given on those goods not listed in Seller’s catalogs. No returns will be authorized on valves with special extensions (Specialty Fittings).
Special Order items are non-cancellable unless the notification of cancellation precedes the material being ordered and/or in the process of being manufactured.
|Rush Orders: (orders that are given precedence over existing) cannot be canceled.|
LIMITED ONE YEAR WARRANTY
Seller warrants its products against defects in materials and workmanship for a period of one (1) year from the date of delivery to a common carrier for shipment to buyer or his designated agent; providing that this warranty extends solely to the original purchaser of the products, is void if the product has not been properly installed and maintained or has been used for other than in a manner as and for the purpose for which it was designed, and the seller has first had delivery to it, freight prepaid, for inspection of the products alleged to be defective; provided further, that this warranty is limited to replacement without charge of products proven to have manufacturing defects, and there is no warranty included against any expense for removal of defective products, reinstallation or replacement without charge of product proven to have manufacturing defects.
THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS OF MANUFACTURER’S PRODUCTS other than expressly provided herein.
No warranty shall extend beyond the description of goods sold as shown on seller’s invoice. This warranty is limited to repair or replacement at MORRILL INDUSTRIES, INC., Escalon, California of such parts or components as shall appear to seller upon inspection to have been defective in the material and workmanship when manufactured; that this warranty does not extend beyond one (1) year from the date of sale by seller; and does not include any installation or transportation cost which must be done by the buyer.
Seller shall not be responsible for any consequential damages or for any damages, and seller’s only obligation in the event the goods sold do not conform to the description or for any breach of warranty, is limited to replacement, as stated above, or nonconforming goods or parts, or at the option of seller, repayment of the goods.
No later than ten (10) days from receipt of material buyer will report, in writing, all claims for any damage, defects or shortages. All claims, including for alleged damaged or defective material, shortage negligence or any other cause whatsoever (“defective performance”), shall be deemed waived unless made in writing within the ten (10) day period. However, any defective performance not discoverable within the ten (10) day period (including that discoverable only in processing or in further manufacturing) shall be deemed waived unless made in writing and received by seller in writing within ninety (90) days after receipt or within ten (10) days after buyer learns of the alleged defect, whichever occurs first. Seller’s liability shall in no event exceed the purchase price of the material in respect to which the claim is made, or at the election of seller at its sole discretion, and to repair or replacement of such material. Seller shall not be liable for, and buyer assumes all responsibility for, all personal injury and property damage resulting from handling, possession use or resale of the material by buyer. In no event shall seller be liable for incidental or consequential damages, whether buyer’s claim is in contract, negligence, or otherwise. If claim is made, buyer shall permit seller at seller’s option to reinspect the material at buyer’s plant or if seller so directs, buyer shall return the material at buyer’s expense to seller’s facility for reinspection. No material may be returned to seller without prior written permission from seller.
Anything in this agreement to the contrary notwithstanding, it is expressly agreed that seller shall not be liable for any damages resulting from, and buyer shall not have the right to cancel this order because of any delays caused in whole or in part by fires, windstorms, tornadoes, wars, riots, insurrections, strikes, lockouts, sit-downs, or other labor troubles, causing cessation or interruption of operation or by accident, material shortages, either on the part of the seller, or because any plant, plants, or any portion thereof belonging to seller have been commandeered by legally constituted public authority, or because of any priorities or preferences established for the manufacture, assembly or allotment of material by order, decree, or to otherwise of the United States, or by any department, bureau, commission, committee, agent or administrator of any legally constituted public authority in any plant of seller, or any of its suppliers, or resulting from any other cause beyond the control of seller.
PRICES, PRODUCTS, AND DESIGNS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
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