Terms and Conditions Of Sale and Service
(Our normal terms are net 30 days upon credit approval)
- All references in this document to "Seller" shall include each subsidiary or division of Interline Brands, Inc. whether or not specifically identified herein.
- Transmission by facsimile or an executed copy of this Agreement shall be deemed to constitute acceptance and delivery of this Agreement and a facsimile copy may be relied upon by U.S. Lock or its affiliates and deemed to be an original for all purposes hereunder.
- All sales made by the Seller are subject to the Terms and Conditions of Sale in effect at the time of the sale, which shall prevail over any inconsistent terms or Purchaser's purchase order or other documents. No terms and conditions in any way altering or modifying these provisions shall be binding upon Seller, unless they are specifically authorized in writing by Seller's authorized representative.
- Quotation prices made by the Seller are subject to change without notice, and all quotations expire and become invalid if not accepted within 30 days from the date of issue, unless otherwise specified by Seller in writing. Quotations on products driven by market commodities expire after 24 hours. Prices shown do not include any sales, excise or other governmental tax or charge payable by Seller to Federal, State or local authority. Any taxes now or thereafter imposed upon sales of shipments will be added to the purchase price. Purchaser agrees to reimburse Seller for any such tax or to provide Seller with an acceptable tax exemption certificate. Price extensions when made are for Purchaser's convenience only, and they are not binding by Seller.
- Delivery dates given by Seller are estimates. Seller shall not be liable for delay or default in delivery. Freight charges may apply dependent upon order size, fuel prices, or other factors at Seller's discretion. Buyer waives any claims for damages arising from delays in delivery, regardless of the cause. Seller shall not be liable to Purchaser for goods, that are damaged or lost while in the possession of a common carrier, and it will be the Purchaser's responsibility to recovery any and all damage directly from the common carrier.
- Goods not manufactured by Seller are warranted and guaranteed only to the extent and in the manner warranted and guaranteed to Purchaser by the original manufacturer of such goods.
- Buyer shall make all claims for billing errors or adjustments in writing within ten (10) days from the invoice date. Claims not received in writing within the time specified are waived by Buyer.
- Buyer shall examine material upon receipt and prior to installation. All claims for shortages or improper delivery must be made in writing within five (5) days of delivery. Claims not received in writing within the time specified are waived by Buyer. Delivery to job site constitutes delivery to Buyer, regardless of whether Buyer or his agent is at the site at the time of delivery or signs a delivery receipt.
- Seller will accept the return for credit of regularly stocked items of the current model in clean, unused and undamaged condition with original packaging with all original parts ["Returns"]. Returns are subject to a 25% restocking fee, unless specified otherwise, with the exception of defective goods or shipping errors, which are not subject to a restocking fee. No other material may be returned for credit, including special orders and drop shipments, unless specifically agreed to by Seller in writing and the restocking fee from those items is subject to Seller's/supplier's restocking fee.
- Unless otherwise stated, payment terms are Net 30 days. Payment is due in the form of cash, check or money order. Seller may apply Purchaser's payment against any open charges within Seller's sole discretion. Past due balances are assessed a late charge of 1.5% per month. Purchaser agrees to pay Seller the assessed late charge. The Seller has the right to exercise setoff or recoupment when needed to satisfy any outstanding debt. In the event an account is not paid when due, the Purchaser shall be liable for any and all fees and costs incurred in connection with a referral of this account to any third party or parties, including but not limited to all attorney's fees. If a legal proceeding is commenced, Interline Brands, Inc. shall be entitled to its reasonable attorney fees and court costs, including any costs and fees of appeal. Purchaser waives any and all privileges and rights, that Purchaser may have relating to venue. If any suit or action is brought to enforce any part of this agreement, venue shall, at the sole option of Interline Brands, Inc., be in Duval County, Florida.
- If Purchaser fails to comply with these Terms and Conditions of Sale, or Purchaser's credit becomes unsatisfactory in Seller's sole discretion, Seller reserves the right to terminate or restrict any order upon notice to Purchaser. Purchaser certifies that it is solvent and that it will immediately advise the Corporate Credit Department of Seller if it becomes insolvent. Purchaser agrees to send Seller written notice of any changes in the form of ownership of purchaser's business within five (5) days of such changes.
PURCHASER ACKNOWLEDGES THAT APPLICANT HAS READ AND ACCEPTS THE TERMS AND CONDITIONS OF SALE AND CREDIT POLICIES AS SET FORTH ON THIS APPLICATION AND AUTHORIZES INTERLINE BRANDS, INC. TO CHECK THE CREDIT AND EMPLOYMENT HISTORY OF APPLICANT AND ITS OFFICERS, MEMBERS, MANAGERS AND GUARANTORS ON A CONTINUOUS BASIS. PURCHASER REPRESENTS THAT ALL INFORMATION PROVIDED IS TRUE AND COMPLETE.
RETURN GOODS POLICY
- All returned merchandise including over-shipments, defects, repairs, cancellations, refusals, wrong shipments, etc., are to be handled by an account manager. Unauthorized returns will not be accepted.
- All discrepancies (shortages, incorrect shipments, etc.) must be claimed within 5 days after receipt of material. All other requests for returns must be submitted within 30 days of invoice date. Counter pick-up orders must be inspected for discrepancies at the time of the physical pick-up of that order before leaving the counter.
- Safes delivered by common carrier (truck) must be inspected upon receipt. Any claims must be reported to a U.S. Lock account manager within 24 hours.
- Price differences must be submitted for verification within 30 days of invoice.
CALL MONITORING AND RECORDING
At U.S. Lock, we are always striving to provide you with a better customer experience. As part of these efforts, your telephone calls with our account managers and customer service representatives may be monitored or recorded for quality assurance and training purposes.
- RGAs will be issued for over-shipments, defects, repairs, cancellations and wrong shipments.
- No returns will be accepted unless accompanied by an RGA and/or UPS tag. (No tag is necessary for returns out of the continental U.S.)
- RGAs may be requested from U.S. Lock by contacting an account manager with the following information:
- The invoice number, item number & quantity.
- The reason for wanting to return the merchandise.
- In the case of defects, a specific description of the defect is required. (So U.S. Lock can make the necessary corrections.)
- Only merchandise that has been authorized on the RGA with the weight identified on the tag will be accepted for inspection. Adding merchandise to an already existing RGA is unacceptable and credit will not be issued.
- There will be a 25% restocking charge on merchandise returned or refused for reasons other than defects or incorrect shipments. Customers will be charged freight on their error.
- All security hardware, electronic access control and machinery are subject to the manufacturer's return policy.
- Under no circumstances will U.S. Lock accept returned merchandise over $50.00 that has been used and deemed not defective.
- RGA expiration - 90 days from date of issue.
EXCEPTIONS TO THE RETURN POLICY
- The following products are non-returnable and require an order confirmation form signed by the customer in order to avoid any discrepancies: special orders, key machines, software, computerized equipment, code books, disks, computer software or installation manuals.
- All electronic devices such as strikes, magnets, access control units, key machines, wireless devices, biometric units, etc., as well as problems with finishes, are subject to manufacturers' return policy and may be repaired and returned solely at the manufacturer's discretion.
- In the case of damaged or opened shipping cartons, a damage report must be filed with the carrier before accepting the shipment. Original box must be presented to the carrier.
- Special factory ordering is a service we provide for U.S. Lock customers.
- All non-stock special orders must be accompanied by a written P.O. confirmation from the customer specifying exact item numbers and quantities; a deposit may be required.
- No special ordered item may be returned under any circumstance, except for a factory defect and then an RGA from our vendor is required first.
Items not manufactured by U.S. Lock are warranted and guaranteed only to the extent and in the manner warranted and guaranteed to customer by the original manufacturer of such goods.
ALL OTHER WARRANTIES ARE EXCLUDED, WHETHER EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. U.S. LOCK'S LIABILITY HEREUNDER, AND CUSTOMER'S EXCLUSIVE REMEDIES HEREUNDER, EITHER IN CONTRACT OR IN TORT OR PURSUANTTO STATUTE, FOR BREACH OF WARRANTY OR FOR NEGLIGENCE, ARE EXPRESSLY LIMITED TO THE IVING OF CREDIT OR REPLACEMENT. US.S. LOCK MUST BE GIVEN WRITTEN NOTICE IDENTIFYING THE DEFECTIVE GOODS AND SPECIFYING THE DEFECT WITHIN TEN (10) DAYS AFTER RECEIPT OF THE GOODS BY CUSTOMER. U.S. LOCK MUST ALSO BE GIVEN THE OPPORTUNITY TO INSPECT THE ALLEGEDLY DEFECTIVE GOODS, AND IF REQUESTED BY U.S. LOCK, THE ALLEGEDLY DEFECTIVE GOODS MUST BE RETURNED TO U.S. LOCK. FAILURE TO GIVE REQUIRED NOTICE WITHIN THE TIME PROVIDED, OR FAILURE TO RETURN ALLEGEDLY DEFECTIVE GOODS TO U.S. LOCK FOLLOWING U.S. LOCK'S REQUEST CONSTITUTES A WAIVER OF ALL CLAIMS AGAINST U.S. LOCK. U.S. LOCK'S RESPONSIBILITY TO GIVE CREDIT OR REPLACEMENT IS LIMITED TO THE EXTENT THAT U.S. LOCK IS ABLE TO OBTAIN EQUIVALENT CREDIT OR REPLACEMENT FROM THE ORIGINAL MANUFACTURER OF SUCH GOODS. CUSTOMER AND U.S. LOCK AGREE THAT U.S. LOCK SHALL NOT BE LIABLE DIRECTLY OR INDIRECTLY FOR ANY CONSEQUENTIAL, INCIDENTAL SPECIAL OR INDIRECT DAMAGES IN ANY WAY ARISING FROM THE SALE, HANDLING, INSTALLATION, OR USE OF THE GOODS SOLD OR FROM ANY OTHER BREACH OF THIS DOCUMENT, ANY PURCHASE ORDER OR ANY OTHER AGREEMENT BETWEEN CUSTOMER AND U.S. LOCK.
U.S. Lock offers the ability for its customers to pay via phone check. U.S. Lock has implemented a policy facilitating the use of electronic payment (ACH debits) technology for the movement of funds processed by phone checks. By agreeing to utilize this form of payment, the customer authorizes U.S. Lock to initiate an ACH debit entry to the payer's checking account and customer hereby authorizes U.S. Lock to do so. Customer's authorization shall remain in full force and effect until U.S. Lock has been notified in writing of its termination and has been provided a reasonable opportunity to act on it.