Terms and Conditions of Sale
Limitation of Liability
Company warrants that the merchandise sold hereunder shall be free from defects in material and workmanship. Companies’ sole and exclusive obligation and liability during the warranty period shall be at its option to replace or repair any nonconforming or defective merchandise, or refund buyers purchase price thereof. The foregoing warranty shall be the sole and exclusive liability of company, and is in lieu of all other warranties expressed, implied, or statutory, including but nor limited to, any implied warranty of merchantability or fitness of purpose or use. In no event shall company be liable for punitive, special, consequential or incidental damages, or for the loss of profits of buyer its customers, or other end users of the merchandise. This warranty shall not extend to merchandise which has been modified, altered, or otherwise subjected to abuse, misuse, neglect, or improper maintenance.
Company shall be excused from non-performance or delay in the case of force majeure, including strikes, lock-outs and other labor disputes, wars, blockades, revolutions, civil strife’s, riots, disturbances, acts of the enemy, accidents, typhoons, hurricanes, fires, floods, earthquakes, diseases, other perils, lack of raw materials, governmental prohibition on exportation, or refusal to issue export licenses where required, and other causes beyond the control of company.
This limitation of liability constitutes the complete and exclusive statement of the agreement between the company and buyer, related to the subject matter hereof. Any provisions, terms or conditions of buyer’s purchase order or similar forms which are, in any way inconsistent with or in addition to the terms of this limitation of liability shall not be binding upon seller and shall have no application to the parties hereto or the parts sold and services performed hereunder.
Prices and Acceptance
All quoted prices are subject to change without notice. Orders not accepted in writing by Top Industrial Service & Supply Inc. shall not be considered binding.
Terms
Payment terms are net cash within 30 days of invoice OAC.
Shipments
Unless otherwise stated, all shipments are F.O.B. factory. All shortage, damage, or non-delivery claims shall be made by the consignee to the carrier. All claims must be submitted within 30 days from the date of shipment, with copy to consignor.
Our shipping staff attempts to route all freight using the most efficient and competitively priced carriers. Any additional costs incurred by the use of premium rates, or expediting services will be added to our invoice.
Returns
No goods will be accepted for return without prior written authorization from Top Industrial Service & Supply Inc. in the form of an issued Returned Goods Authorization (RGA). With the exception of defective goods or miss shipments, all returns will be subject to a 25% restocking fee, plus return freight.