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Terms & Conditions
Unless otherwise stated on the face of this invoice, all prices are FOB Grand Rapids, Michigan, and payment terms are 30 days net. Any tax on the sale or manufacture of the goods shall be Buyers responsibility. All amounts not paid when due shall incur a late charge of 1.5% per month to the extent allowed by law, and otherwise at the highest rate allowed by law. All prices are stated in U.S. dollars.
Seller is not liable for delays for reasons outside of Seller’s control, including fire, flood, accident, government interference or transport delay. After the goods are delivered to the carrier, all risk of loss, damage or destruction will be borne by Buyer. If goods are missing or damaged on delivery, Buyer shall so note on the bill of lading and promptly notify and enter a claim against the carrier. If goods are shipped via United Parcel Service and Buyer notes goods are missing or damaged on delivery, Buyer will contact Seller immediately after notifying the UPS driver. Seller will start a tracer with UPS in the case of missing product or file a claim with UPS for damaged goods.
Seller warrants that all goods will be free of defects in materials and workmanship and will conform to specifications furnished to Buyer. This warranty shall apply for thirty (30) days after delivery for all products except for Laser products which are warranted for a period of twelve (12) months from time of delivery. Written notice of claimed defect must be given to the Seller prior to the above warranty time frame. No warranty claim may be made for goods further processed by Buyer resulting in a change of the goods’ characteristics or dimensions. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES AND LIABILITIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This express warranty may be supplemented by a separate express written warranty given by Seller from time to time with respect to specified goods. Seller’s express warranty shall not apply if the goods (i) have been abused or improperly used or installed. (ii) have been damaged due to negligence in transportation or handling, (iii) have had the original identification markings altered or removed, or (iv) show evidence of attempted service by anyone other than Seller’s authorized personnel.
If the goods include the Flip-Pod™ Vacuum Piece-Part Holding System, Buyer understands that the correct functioning of the Flip-Pod System is dependent on the adequacy of the user’s vacuum system and stable, non-porous pod panel material. Seller may advise regarding these factors, but ultimately it is the customer’s responsibility to ensure proper implementation.
In the event of any failure of the goods to conform to the above described warranty, Seller will, at its option, repair or replace, FOB shipping point, the nonconforming goods or refund the purchase price and accept the return of the goods. Seller shall have the option of inspecting the goods on Buyer’s premises or authorizing their return. No goods shall be returned without Seller’s prior consent, buyer must contact Carter for an RGA (return goods authorization) number prior to shipping warranty items. In no event shall Seller be liable for incidental or consequential damages. Any action to enforce this contract must be brought within one year of the date of delivery of the goods.
Buyer may accept the return of goods for reasons other than warranty claims. Returns are limited to 30 days from the date of shipment and are subject to a re-stocking charge of a minimum of 10% of the list price of the item returned. Buyer must contact Carter for an RGA (return goods authorization) number prior to shipping returned items.
The goods identified on the shipping invoice included with every package are sold to Buyer on the terms contained in this document and any documents or specifications expressly incorporated herein. Seller’s agreement to sell the goods to Buyer is conditioned on Buyer’s agreement to these terms, and no additional or different terms in any purchase order or other form used by Buyer shall be part of the contract for sale unless Seller expressly agrees in writing.
The contract between Buyer and Seller for sale of goods shall be governed by Michigan law.
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