{29}
Shor-Line | 800.444.1579 |
www.shor-line.com
Section 4: Services, Terms & Conditions, & Warranty
{Terms & Conditions}
ORDER & ACCEPTANCE By submitting an order for the products described herein, Buyer shall have agreed to
purchase the products subject to all Seller’s terms including these TERMS and CONDITIONS. Buyer’s order is
subject to and effective only upon acceptance and approval at Seller’s offices in Kansas City, Kansas as evidenced
by Seller’s issuance of an Order Acknowledgement or Invoice. Processing of an order shall not commence until
receipt of any applicable deposit and all required paperwork and customer sign-offs. The resulting contract shall be
deemed made in Kansas and shall in all respects be governed and interpreted according to the laws of the State of
Kansas. Buyer also consents to the jurisdiction of Kansas courts over any dispute involving this order.
ENTIRE AGREEMENT This order as accepted and approved by Seller constitutes the entire final agreement
between the parties. Except as otherwise provided in writing by Seller, the terms set forth herein constitute the
sole TERMS AND CONDITIONS for Buyer’s order. Seller’s acceptance of Buyer’s order is expressly conditioned
on Buyer’s assent to these TERMS AND CONDITIONS which may not be supplemented, modified, superseded or
otherwise altered except as authorized in writing by Seller. Any different, conflicting or additional terms in Buyer’s
purchase order or any other document of Buyer are rejected and Seller’s TERMS AND CONDITIONS shall prevail.
TERMS OF PAYMENT Unless otherwise expressly specified by Seller in writing, payment shall be due 30 days
from the date of invoice, payable in U.S. Funds. Seller reserves the right to negotiate terms or orders of any unique
or special nature and may require full or partial payment in advance in its sole discretion. Acceptance of all orders
and the payment terms for such orders are subject to approval by Seller’s Credit Department. Seller may decline to
make any shipment or perform any work except upon terms satisfactory to said Department. A charge of 1½% per
month (or the highest monthly interest rate that may be imposed under applicable law) will be imposed on overdue
accounts. Buyer will be liable for all expenses (including reasonable attorneys’ fees) incurred in collecting any
overdue accounts.
PRICES & QUOTES Prices on products specified herein are F.O.B. Seller’s factory unless otherwise specified in
writing and are exclusive of any city, state, local or federal tax. Prices are subject to adjustment without notice and
Seller reserves the right to correct errors in prices or specifications. Any quotation (whether written or oral) is not an
offer to contract or acceptance of an order. Similarly, neither a price list nor a catalog constitutes an offer to sell or
contract, but are provided solely for customers’ convenience.
TAXES Any sales, use, property, or other taxes or duties which Seller may be required to pay or collect (under any
existing or future law) in connection with the sale, purchase, delivery, storage, processing, consumption or use of the
products purchased herewith shall be for the account of Buyer and Buyer shall promptly reimburse Seller therefore.
DELIVERIES Delivery dates are estimates only and time shall not be of the essence unless specifically provided by
Seller in writing. Seller will not have any liability for loss or damage resulting from a delay in a scheduled delivery or
for non-delivery resulting from labor trouble, part or material shortages, accident, fire, war, strike, natural disaster,
carrier delays or any contingency whatsoever (whether of the same class of those enumerated or otherwise)
beyond its reasonable control. Buyer assumes all freight, handling and installation costs and the risk of loss or delay
in transit. Seller will assist Buyer with transit arrangements, but Seller shall be free of any liability in connection
therewith. Title to all materials and products sold by Seller shall pass to Buyer upon delivery to the carrier and Seller’s
responsibility ceases at that time. Risk of loss, injury, or destruction of the products shall be borne by the Buyer and
any such loss, injury or destruction shall not release Buyer from payment of the purchase price.
INSPECTION Buyer must inspect all materials for shortages, damages, conformity with order and defects before
signing any documentation requested by the carrier. Buyer must immediately complete such inspection and shall
not accept delivery of goods that are damaged or not in accordance with the bill of lading or packing slip without
proper notification to the carrier and Seller. If goods are damaged, defective, shorted or appear not to conform to
the order, Buyer shall discontinue their use and immediately notify the carrier and Seller of such condition and afford
a reasonable opportunity to inspect the same. Buyer shall make, or provide Seller in writing with all information
necessary to make, a claim against such carrier for any shortage, damage, or discrepancy of the shipment within
fifteen (15) days after receipt of the goods. Claims or written information thereon not so presented within fifteen (15)
days after receipt of the goods will not be allowed. No products will be taken back and credited or replaced unless
arrangements for their return have been made in compliance with Seller’s Return Policy stated below.
SEE SELLER’S CATALOG FOR INFORMATION ON HOW TO FILE A FREIGHT CLAIM.
