TERMS AND CONDITIONS
EQUIPMENT DIRECT SALES, INC.
20 Scanlon Drive, 2nd Floor
Randolph, Massachusetts 02368
- Terms Of Payment: Net thirty (30) days from Equipment Direct Sales, Inc. (SELLER) invoice date, SELLER shall issue invoices upon material shipment. A service charge of 1.5% per month shall be applied to overdue or unpaid balances over thirty (30) days. Prices do not include any local, state or federal sales or use taxes, which may be imposed upon the sale and shall be paid by the BUYER. In the event that SELLER employs an attorney to enforce its rights and remedies under this agreement and/or to collect any funds owed pursuant to this agreement, BUYER agrees to pay all reasonable attorneys fees incurred by SELLER in enforcing its legal rights under this agreement.
- Acceptance of Orders: All orders are subject to acceptance by SELLER'S management.
- Shipments: All material shipments are F.O.B. factory or other point of origin. Unless specifically stated to the contrary, all freight charges shall be paid by BUYER.
- Claims: Upon delivery of material in good condition to the carrier, the responsibility of SELLER and manufacturer shall cease. All goods are shipped at the BUYER'S risk. Any claims for damage, shortage or loss during transit must be filed by the BUYER against the transportation company. The SELLER may assist the BUYER in any reasonable manner in the filing of claims for damage and/or loss in transit. SELLER does not assume any liability for the outcome of any claim by providing assistance to the BUYER.
- Warranties: SELLER extends to the BUYER the manufacturer's warranty (copy of which is available upon request) The manufacturer's warranty is in lieu of any warranties contained in any applicable project conditions, plans or specifications, unless specifically stated otherwise SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SELLER SHALL NOT BE LIABLE FOR ANY DAMAGES BY REASON OF FAILURE OF THE EQUIPMENT TO OPERATE OR A FAULTY OPERATION OF THIS EQUIPMENT SELLER SHALL NOT BE LIABLE OR HELD RESPONSIBLE FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LIQUIDATED DAMAGES OR LOSSES (INCLUDING BUT NOT LIMITED TO, LOSS OF USE, INCOME, PROFIT OR PRODUCTION, OR SPOILAGE OR INCREASED COST OF OPERATION, RESULTING FROM THE INSTALLATION, OPERATION OR USE OF THE EQUIPMENT.
- Cumulative Maximum Liability: SELLER shall have no liability for any damage caused by negligence, accident, misuse, improper storage, improper installation, improper service, maintenance, or operation of equipment. SELLER'S liability (whether under theories of warranty, negligence, strict liability or contract) is limited solely to repair or replacement of the equipment or its parts by SELLER or it’s duly authorized representative, or at SELLER'S option, and in its sole discretion, refund of the purchase price, and the foregoing shall be the sole and exclusive remedy against SELLER. SELLER'S maximum cumulative liability arising from any cause whatsoever shall not exceed the date of sale agreement price.
- Delays: SELLER shall not be liable for any expense, loss or damage resulting from delay or prevention or performance caused by acts of God, fires, strikes, labor disputes, labor shortages, lack of or reasonable inability to obtain supplies, materials, fuel or equipment; transportation delays, riots, thefts, accidents, acts or failure to act by the government, the design professional(s) or owner, or any other cause whatsoever, whether similar or dissimilar to those enumerated hereinabove, beyond the reasonable control of the SELLER.
- Return of Goods: Special orders or custom fabricated material cannot be returned for credit. Returned materials are subject to a 25% restocking charge. Prior written approval from SELLER is required for all returns. SELLER shall issue a Return Goods Authorization (RGA) number to be included on the outside of box or contained in which materials are packaged. SELLER shall inspect the returned items to determine resale ability. All materials shall be returned freight prepaid. Collect shipments shall not be accepted. No returns shall be accepted beyond sixty (60) days from invoice date.
- Cancellations: BUYER may terminate order only upon written notification and upon payment to SELLER or reasonable costs incurred in connection with this transaction including any sales, general and administrative costs and profit.
- Title: BUYER hereby grants to the SELLER a security interest in the goods supplied and the proceeds thereof to perfect SELLER'S security interest. BUYER, shall upon request, execute any documents necessary to permit SELLER to prefect its security interest. SELLER may issue preliminary notices of intent to lien, or the like, to protect its lien rights.
- Credit: Accounts with balance aged 45 days or older shall be subject to a credit hold. If a BUYER'S credit (at the sole discretion of SELLER'S management) is impaired at anytime, SELLER reserves the right to defer shipment or cancel the order.
- Prices: ALL PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. QUOTATIONS ARE VALID FOR THIRTY (30) days