sandblasting terms and cond

Everblast Terms and Conditions of Sale

Thursday, 22 April 2010 14:14 |

Written by Administrator |

Everblast Terms and Conditions of Sale

All orders are subject to our terms and conditions contained herein. No acceptance by the Company of any order from buyer shall be deemed to be an acceptance of any provision of buyer’s order form and the terms and conditions contained herein shall govern. Upon acceptance of buyer’s order by the Company, the provisions of these terms and conditions shall apply regardless of any different or conflicting provisions in any order or other communications from buyer and shall constitute the entire agreement and understanding between buyer and the Company. No waiver or modification of said provisions shall be binding upon the Company unless set forth in a writing executed by a person duly authorized by the Company to execute the same. The provisions of any contract between the Company and buyer shall be interpreted and construed in accordance with the laws of the state of Illinois.

Distribution – Everblast products are sold through authorized distributors.

Terms of payment - Due NET 30 days following the date of invoice. Past due accounts are subject to a service charge of 1-1/2% per month (18% annual rate) or the maximum permitted by law.

Minimum Charge - Due to the cost of handling small orders, an order processing and handling charge of $10.00 will apply to each order less than $100.00 net.

Shipping Terms - All products are sold Ex our Warehouse Crystal Lake Illinois. The Ex warehouse price is where we make goods available at our warehouse, and buyer is responsible for arranging and paying for transportation and insurance.

Domestic & International Freight Terms.
Domestic freight by UPS Ground for orders with a product value over $950.00 net (for 2010) will be paid by Everblast Inc. All orders with net value of less than $950.00 freight will be billed to customer's account or shipped freight collect to customer's UPS account.
All International Shipments irrespective of value are either freight collect or pre paid and add for the total amount of freight and insurance due.

Claims for loss or damage in transit - For all shipments where freight is billed to a customer's account, our terms are F.O.B. Warehouse, Crystal Lake Illinois. Title and risk of loss shall pass to and be borne by buyer upon delivery of product to carrier . Everblast is not responsible for any damage to product which occurs during shipment and no such damage shall relieve buyer of any obligations to Everblast. Purchaser should file with transportation company for any claim for loss or damage in transit.

For freight prepaid and add shipments by UPS ground, the Company will insure goods through UPS and charge customer for same unless instructed otherwise in writing by customer. It is responsibility of customer to record any damage to shipments with UPS delivery driver and keep all evidence of damage for further inspection by UPS.

Prices- Everblast Inc. is not responsible for accuracy of any prices, discounts or terms shown on customer’s order. Orders will be priced at current applicable prices and terms regardless of what might appear on customer’s orders. Also, all orders will be invoiced at prices prevailing at time of order.

Everblast reserves the right to change pricing from time to time to reflect any inflation in raw material costs.

Taxes - All prices are net of all taxes and duties or other fees that may be the responsibility of the buyer.

Delivery - The Company shall attempt to make shipment within the time specified after acceptance of buyers order. Buyer agrees to furnish complete shipping instructions to the Company .. In no event shall the Company be responsible for any delay in or failure to manufacture or deliver arising out of acts of the public enemy, fire, flood, or any disaster, labor trouble, riot or disorder, delay in the supply of materials or any other cause, whether similar or dissimilar, beyond the control of the Company. In no event shall the Company be liable for any incidental or consequential loss or damage whatsoever resulting from any delay in or failure to manufacture or deliver.

Cancellations & returns - Orders may not be cancelled without the prior consent of the Company. Products may not be returned without the prior written consent of the Company. All returns must use an Everblast RGA # (returned goods authorization number.)

Assignment - No rights or obligations arising under any contract between the Company and buyer may be assigned or transferred by buyer without the prior written consent of the Company.

Records, Audits & Proprietary data - Unless otherwise specifically agreed in writing signed by an authorized officer of the Company, neither buyer nor any representative of buyer, nor any other person shall have any right to examine or audit the Company’s cost accounts, books or records of any kind or any matter, or be entitled to, or have control over, any engineering or production prints, drawings, or technical data which the Company, in its sole discretion, may consider to be, in whole or in part, proprietary.

Warranty, Disclaimer, and Remedies - Our products are warranted to be free from defects in material and workmanship at the date of shipment. NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL EXIST IN CONNECTION

Last Updated (Tuesday, 26 October 2010 16:29)