Terms of Sale
TERMS AND CONDITIONS OF SALE FOR SIMPRO, INC. DOCUMENT PRESENTATION PRODUCTS SOLUTIONS
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. YOU ARE ADVISED TO PRINT OUT A COPY OF THESE CONDITIONS OF SALE TO KEEP FOR YOUR OWN RECORDS.
BY USING THIS WEBSITE TO PLACE AN ORDER FOR PRODUCT (THE "PRODUCT") FROM SIMPRO, INC. (THE "SELLER"), OR PLACING AN ORDER TO BE PAID FOR BY CREDIT CARD THE INDIVIDUAL OR ENTITY PURCHASING THE PRODUCT(S) ("BUYER") IS CONSENTING TO BE LEGALLY BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. SELLER'S TERMS OF SALE AS EVIDENCED IN THE INFORMATION CONVEYED ON THE PAGES THAT FOLLOW (AS DEFINED BELOW) AND IN THIS AGREEMENT CONSTITUTE SELLER'S OFFER WHICH MAY ONLY BE ACCEPTED BY BUYER IN FULL. AGREEMENT IS CONDITIONED UPON BUYER'S ACCEPTANCE AND ASSENT TO THE TERMS AND CONDITIONS CONTAINED HEREIN. IF BUYER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, AND BUYER MUST NOT PROCEED WITH A SALES TRANSACTION THROUGH THIS WEBSITE.
1. This Agreement constitutes the complete agreement and understanding between the parties, and its terms may be modified only in a writing signed by both parties.
2. Seller reserves the right, among other remedies, either to cancel this contract or suspend further deliveries under it in the event Buyer fails to pay for any one shipment when same becomes due or challenges or attempts to reverse charges made to its credit card for the same. Should Buyer’s financial responsibility become unsatisfactory to Seller, cash payments or satisfactory security may be required by Seller.
3. Return & Defective Merchandise Policy. Merchandise will not be considered for return after 30 days from the original date of shipment. No merchandise may be returned without first obtaining a Return Merchandise Authorization (RMA) from SimPro, Inc. Customer Service. UNAUTHORIZED RETURNS WILL NOT BE ACCEPTED AND WILL BE REFUSED AT TIME OF DELIVERY. All returns must be shipped at Buyer's expense, prepaid by Buyer, and in FULL cartons. Partial returns will not be accepted. Custom manufactured goods are NOT subject to return.
4. Shipping Time; Back Order Policy. Stock orders are typically shipped within 72 hours of receipt of order. If products ordered are temporarily out of stock, Seller will notify Buyer. Partial shipments will be made when complete orders are unable to be filled, unless otherwise specified by Seller.
5. Shipping; Title; Risk of Loss. All prices are quoted CIP Buyer's facility (INCOTERMS 2000); provided, however all costs of shipment shall be for Buyer's account and title shall not pass to Buyer unless and until Buyer signs for, and accepts, delivery from carrier at Buyer's facility. Freight charges will be based on weight and consolidated orders will result in lower freight charges. Please note that Buyer shall be solely responsible for making Seller aware, at the time of purchase, that inside delivery and/or lift gate service will be required. Inside deliveries and/or lift gate service will result in additional shipping charges, also for Buyer's account. All shipments will be made by carrier of Seller's choice. Seller's policy is to ship from the nearest available plant, but Seller reserves the right to ship from any plant, geographic proximity notwithstanding, as it deems necessary or advisable in its sole discretion. Buyer shall be solely responsible for examining all shipments carefully before accepting delivery. Buyer shall be solely responsible for damaged or partial shipments which it has accepted and signed for, and shall have no further recourse against Seller for products so accepted. Other loss or damage that occurs during shipping by the carrier must be handled by Buyer via a claim made against the carrier. Custom manufactured goods are NOT subject to return.
6. Deliveries may be suspended by either party in case of natural disaster, war, riots, fire, explosion, flood, strike, lockout, injunction, inability to obtain fuel, power, raw materials, labor, containers or transportation facilities, accident, breakage of machinery or apparatus, national defense requirement or other causes beyond the control of either party, preventing the manufacture, shipment, acceptance or consumption of a shipment of the product, or of a material upon which the manufacture of the product is dependent. Such deliveries so suspended shall be canceled without liability, but the contract shall otherwise remain unaffected.
7. SELLER MAKES NO WARRANTY EXTENDING BEYOND THE DESCRIPTION OF THE PRODUCT SET FORTH ON THE WEBSITE. SELLER IS NOT RESPONSIBLE FOR DISCREPANCIES BETWEEN THE ACTUAL APPEARANCE/COLOR OF PRODUCTS PICTURED ON THE WEBSITE AND THE PRESENTATION OF SUCH PRODUCT PICTURES ON BUYER'S COMPUTER/MONITOR. THERE ARE NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO THE PRODUCT. SELLER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. The conditions of your use and application of information ("Information") made available by to you by Seller (whether verbal, written or by way of production evaluations) are beyond our control. Therefore, it is imperative that you evaluate the products available through this website, along with the Information (including without limit, product descriptions) to determine to your own satisfaction whether they are suitable for your intended uses and applications. Where applicable, this application-specific evaluation at least must include consideration to determine suitability from a regulatory standpoint and the standpoint of your own compliance program. Such testing has not necessarily been done by Seller. All information is given without warranty or guarantee. It is expressly understood and agreed that you assume and hereby expressly release Seller from all liability, in tort, contract or otherwise, incurred in connection with the use of our products and Information. Any statement or recommendation not contained herein is unauthorized and shall not bind Seller. Claims on account of weight, quality, loss of or damage to the product shall be made in writing as promptly as possible. Seller’s liability for damages shall in no event exceed the purchase price of the particular delivery with respect to which such damages are claimed. Unless otherwise stated, Seller’s standard specifications for quality shall govern.
8. Any tax or governmental charge or increase in same hereafter becoming effective increasing the cost to Seller of producing, selling or delivering the product or of procuring materials used therein, and any tax now in effect or increase in same payable by the Seller because of this sale, such as Sales Tax, Use Tax, Retailer’s Occupational Tax, Gross Receipts Tax, may, at Seller’s option, be added to the price herein specified.
9. Any increase in freight rates paid by the Seller on shipments covered by this contract, may, at Seller’s option, be added to the price of the product shipped under this contract.
10. This contract shall bind the successors and assigns of the parties hereto at the option of Seller.
11. It is mutually agreed by and between the parties hereto that this agreement shall be construed under the laws of the Commonwealth of Arkansas and that they are conducting business using an electronic commerce approach pursuant to Arkansas law and are entering into legally binding purchase and sale obligations there under via this web site.
12. Buyer represents and warrants that it understands the nature and characteristics of the product and any hazards associated with the product and its use. Buyer further represents and warrants that it will adequately warn all persons who may handle, be exposed to or otherwise come in contact with the product of any such hazards and instruct its employees, distributors, agents and customers in the proper and safe use and handling of the product.
13. Upon request, Seller may furnish such technical advice or assistance as it deems appropriate in reference to the use of the product by Buyer. It is expressly understood, however, that all such technical advice or assistance is rendered without compensation and is based upon information believed to be reliable, but Seller assumes no obligation or liability for such advice or assistance or results obtained.
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