Forrer Supply’s Terms & Conditions
ACCEPTANCE:
Unless otherwise stated herein, quotations must be accepted by a purchase order or purchase order acknowledgment in writing delivered to Forrer Supply Company, Inc. (“Seller”) within thirty (30) days from the date of the quotation or before shipment of product, whichever is first. All quantities are estimates only. The Purchaser is responsible for actual item quantities required for completion of the scope of the work. Prices quoted are based upon quantity as indicated. All shipments are subject to prior approval of Purchaser’s credit. Any order for goods and/or services which is placed with Seller, regardless of how placed, is subject to these terms and conditions. Any future orders regardless of how placed, will also be subject to these terms and conditions. No modified or other conditions will be recognized by Seller unless specifically agreed to in writing and failure of Seller to object to provisions contained in any purchase order or other communications from Purchaser shall not be construed as a waiver of these terms and conditions, nor an acceptance by Seller of any such provisions. No order accepted by Seller may be altered or modified by Purchaser unless agreed to in writing by Seller, and no such order may be cancelled or terminated except upon payment of Seller’s loss, damage and expense arising from such cancellation or termination, as set forth hereafter. IT IS RECOGNIZED THAT PURCHASER MAY HAVE FORMS THAT HAVE TERMS AND CONDITIONS PRINTED THEREIN WHICH DIFFER FROM OR ADD TO THE TERMS AND CONDITIONS CONTAINED HEREIN, AND THAT SUCH ORDER FORMS MAY LIMIT ACCEPTANCE OF THE TERMS AND CONDITIONS OF SUCH PURCHASE ORDER FORMS. IN THE INTEREST OF ECONOMY AND CONVENIENCE, IT WILL BE PERMISSIBLE FOR PURCHASER TO PLACE AN ORDER WITH SELLER ON SUCH PURCHASE ORDER FORM, BUT IT IS EXPRESSLY UNDERSTOOD THAT NONE OF THE TERMS AND CONDITIONS THEREIN SHALL BE DEEMED EFFECTIVE AND THAT IN THE CASE OF SUCH CONFLICT, THE TERMS AND CONDITIONS SET FORTH HEREIN SHALL BE DEEMED EFFECTIVE AND AGREED TO BETWEEN SELLER AND PURCHASER AND THAT ACCEPTANCE OF SUCH FORMS SHALL NOT BE DEEMED TO BE AN ACCEPTANCE OF THE TERMS AND CONDITIONS OF SUCH FORMS.
TERMS OF PAYMENT:
Terms are thirty (30) days net, from invoice date, unless otherwise agreed to in writing. Retainage will not be accepted at any terms. All amounts due bear interest during the time they remain unpaid at a rate of 1.5% per month (18% per annum). If Purchaser shall fail to make payments in accordance to the terms agreed upon, Seller may defer further shipments until such payments are made or terminate the contract. Seller may otherwise defer shipment, require payment for any shipment hereunder in advance or terminate the contract if the Purchaser’s financial responsibility becomes unsatisfactory to the Seller. Minimum order is $25. American Express, Visa, MasterCard, Discover and bank checks are accepted. In the event of a failure by Purchaser to make payment as required by these terms, Purchaser shall reimburse to Seller the reasonable attorneys fees, and costs incurred by Seller as a result of such failure.
AVAILABILITY:
Availability is based upon current inventory levels and production schedules as of the date of the quote. Actual availability can only be determined on the date the order is placed.
SALES TAX:
Unless specifically stated otherwise, quoted prices do not include federal, state or municipal sales tax or other tax, which shall be the responsibility of Purchaser. Seller is required by law to collect 5% sales tax and ½% county sales tax where applicable, on orders shipped within Wisconsin. If Purchaser is tax exempt, Purchaser must submit certificate of exemption for Seller’s files with their purchase order.
PRODUCTS WARRANTY:
Having no control over the use of the products by Purchaser, Seller assumes no liability connected with their use. Under no circumstances is Seller liable for any loss, damage or expenses of any kind arising out of the use or inability to use its products. Seller warrants, for a period of one (1) year after installation, that its products shall be free from defects in material and workmanship. This warranty DOES NOT COVER workmanship of installation or dissatisfaction, problems or damage due to improper installation, maintenance or use. The Purchaser’s sole and exclusive remedy against Seller for a breach of this warranty shall be for the repair or replacement, at the option of Seller, of defective products as provided herein.
INSTALLATION WARRANTY:
In the event Seller has specifically agreed in writing to perform installation, fusing or other services in conjunction with the purchase by Purchaser of products, then Seller warrants, for a period of one (1) year after installation, that the services were performed to industry standards. The Purchaser’s sole and exclusive remedy against Seller for a breach of this warranty shall be at Seller’s option, either to return to Purchaser the amounts paid for the installation services, or for Seller to re-perform the allegedly defective services and, in doing so, Purchaser shall be responsible at its cost, for placing the product upon which the installation services were performed above ground and in a clean condition, and Purchaser shall be responsible at its cost to replace the product in the ground after any remediation services are performed.
DISCLAIMER:
THE WARRANTIES CONTAINED HEREIN ARE EXPRESSINGLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SELLER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER, EITHER IN CONTRACT OR ON ACCOUNT OF NEGLIGENCE, WITH RESPECT TO ITS PRODUCTS OR SERVICES PROVIDED HEREUNDER. NO OTHER REMEDY (INCLUDING BUT NOT LIMITED TO INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO PURCHASER. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION IN THIS AGREEMENT.
PRICE/FREIGHT RATES:
Freight is FOB Shipping Point unless stated otherwise. All freight quotes are estimates only and are subject to actual costs incurred. If Purchaser requests product to be shipped from a location other than the quoted shipping point, Purchaser is responsible for additional freight cost. Orders that are in stock can be shipped the same day. Most orders are shipped UPS unless instructed otherwise. Oversized or heavy items are shipped via motor freight. If overnight or next day delivery is needed, Seller will be happy to ship merchandise by any available express service Purchaser chooses and Purchaser is responsible for any additional freight cost.
SHIPPING ERRORS:
Any claim of error in weight, number or other specifications must be noted on the bill of lading and any claim arising therefore must be made in writing within the ten (10) days after receipt by Purchaser of the equipment, material of goods sold, or such claim shall be considered waived.
CANCELLATIONS:
Any order, resulting from this quotation, is not subject to cancellation as a whole or in part, and is not subject to change without written approval of the Seller. In the event Seller approves of a cancellation, Seller shall be entitled to the full contract price less any expenses saved by reason of such cancellation.
FORCE MAJEURE:
Seller shall not be responsible for any direct or indirect damages whatsoever caused by delays beyond the control of the Seller, and without limiting the generality of the foregoing it shall not be responsible for any damages due to delays caused by fires, strikes, lockouts labor difficulties, material procurement delays, or any other cause beyond its control.
DAMAGE IN SHIPMENT:
Despite Seller’s best efforts, items may occasionally be damaged in transit. Freight carriers are liable for damages only when damage is indicated on the bill of lading before Purchaser signs for the shipment. Therefore, Seller strongly recommends that Purchaser, immediately upon receipt, inspect the outside and contents of all cartons received. If any damage is found, Purchaser should write details on the bill of lading and save the shipment, including the outside container and inside packing material. Photograph of the specific damage is also recommended. Ask the delivery carrier to make an inspection immediately. Per ICC regulations, it is the responsibility of the consignee to file a damage claim with the carrier promptly after inspection.
RETURNED MATERIAL:
The amount of credit, if any allowed to Purchaser for materials returned, shall be the sole discretion of Seller. Most items may be returned within 30 days of receipt. Please call, email or FAX or write Seller’s Customer Service Department for an authorized Return Authorization Number and shipping instructions prior to return. Seller’s standard restocking charge is 25%. Shipping charges should be prepaid unless otherwise arranged in advance in writing. All merchandise must be carefully packed and will be subject to a charge if not in saleable condition.
CONSTRUCTION, VENUE, SEVERABILITY:
This contract shall be governed and construed in all respects by the laws of the State of Wisconsin. The parties hereto agree that the only proper venue for any cause of action arising hereunder shall be in the state courts of the County of Milwaukee, State of Wisconsin and buyer hereby consents to such jurisdiction. In the event that any provision of this contract is declared void or unenforceable by any competent legislative or judicial authority, said declaration shall not affect the enforceability of any other provision of this contract, it being the intent of the parties that this contract shall be severable and applied as if such void or unenforceable provision had not been included herein.
