- Terms & Conditions of Sale
Terms & Conditions of Sale
ANDSCO Services, LLC (“Seller”) accepts your order on the express condition that you (“Buyer”) assent to the terms and conditions below (the “Contract”), and no others. Your acceptance of Seller’s quotation via the placement of a Purchase Order, Down Payment Deposit, or Firm Request to Seller, and/or acceptance of delivered goods or services, shall constitute assent to these terms of Contract. If alternate or additional terms are required, they must be submitted in writing to the Seller in a separate letter. Seller shall not be bound to any alternate or additional terms unless Seller accepts such terms in writing in advance of Buyer’s Purchase Order, Down Payment Deposit, or Firm Request acceptance.
Unless otherwise agreed in writing, all prices and charges specified herein are based on U.S. dollars, FOB origin. The shipment of goods shall be by common carrier.
Any sales or use tax which may be imposed on the sale of the goods shall be in addition to the quoted prices and paid by the Buyer.
- Unless otherwise agreed to in writing within a Purchase Agreement or Contract, payment is due prior to completion of the requested Delivery of Goods. Invoices are due upon receipt. If legal action is taken by Seller, Buyer shall be liable for Seller’s reasonable attorney fees plus other costs of such action.
- In the event that a Buyer pays the Seller with a check that becomes invalid due to Buyer error or insufficient funds, a fee of forty dollars ($40) will be added to the Buyer’s balance owed.
DELIVERY, RISK OF LOSS AND SHIPMENT
- Delivery and performance dates specified herein or otherwise communicated to Buyer are approximate only and are based on conditions at the time Seller accepts Buyer’s Firm Request or Purchase Order. Delivery lead-time is based upon Seller’s backlog and capacity at the time of order placement. The delivery lead-time may need to be adjusted upon order placement due to changes in the schedule, supplier material commits, and national holidays.
- Delivery shall be complete upon transfer of possession to common carrier, FOB origin whereupon all risk of loss, damage or destruction to the goods shall pass to Buyer.
- In the absences of specific instructions by Buyer, the carrier will be selected by Seller. In no event shall Seller be liable for any delay in delivery by the carrier, or shall the carrier be deemed an agent of the Seller.
- Seller reserves the right to make partial shipments when necessary, and to submit invoices for partial shipments.
RETURNS, CHANGES AND CANCELATIONS
- Firm Requests (including via e-mail) and Purchase Orders accepted by Seller are not subject to change or cancellation by the Buyer after Project work is in progress, except with Seller’s written consent and upon payment of an appropriate charge to cover the cost of time spent or other loss incurred by Seller. Unless otherwise agreed in writing, such charge shall not be less than seventy five percent (75%) of the price of the goods and/or services subject to the change or cancellation.
- For any return, we will provide a Return Goods Authorization (RGA) number. An RGA number must accompany all returns before sending back items for repairs under warranty or credit. The RGA number does not acknowledge that a product is defective, nor does it authorize a credit. Items that are returned which are found to have been subjected to customer error may be subject to a restocking fee. All parts purchased in error must be returned in good condition within 14 days of purchase for a credit to be issued. Merchandise must be returned to ANDSCO Services, LLC within 30 days from the date of issue of the RGA. Return shipment costs are the responsibility of the customer, unless otherwise stated.
- Items must be carefully packed in a suitable box to avoid damage in shipping. Each package must be properly labeled with the RGA number and a Decontamination Form as applicable. Non-defective product must be returned in resalable condition, packaged inside of the original factory carton, with no additional markings or labels applied.
- Disposable (single use) products and non-stock items are not eligible for return unless it has been determined that there was a processing error on behalf of ANDSCO Services, LLC.
- Seller reserves the right to inspect all returned merchandise and issue final determination of its condition. If a product returned is found not to be defective or not shipped in error, it will be returned to the customer. Return of product due to customer ordering error may be subject to a 25% restocking fee. The Fee may range from a minimum of $10 to a maximum of $250 depending on the value of the item. In the event that a refund is required, please contact us immediately via phone or e-mail.
- Seller warrants that on the date of sale of Products by the Seller, they shall be free from defects in workmanship under normal use and service.
- No warranty extended by Seller shall apply to:
- any goods that have been modified or altered by persons other than Seller,
- any goods subjected to misuse, neglect, improper installation or accidental damage, or any products manufactured by a third party.
- Seller’s exclusive obligation under warranty is, at Seller’s option, to repair or replace the defective goods (FOB Origin) or to refund to Buyer the purchase price paid for the defective goods. Seller shall not reimburse or make any allowance to Buyer for any additional charges incurred by Buyer for replacement or repair of any goods unless such charges are authorized in advance by Seller.
- The warranty is made on the condition that Buyer gives Seller immediate notice of any defect, errors, or damage (in no event later than 3 business days from date of delivery of goods), that the Buyer gives Seller access to the goods and Buyer’s relevant records and data, and that Seller’s inspection reveals that Buyer’s claim is valid under the terms of the warranty.
- No debit memos will be accepted or processed unless parts have been received and evaluated by ANDSCO Services, LLC and/or our partner suppliers.
- With respect to third party goods, Seller’s only warranty to Buyer is that such goods are free of any rightful claims of their manufacturer. To the extent any warranties extended to Seller by their manufacturer are transferable; Seller shall transfer such warranties to Buyer. ANDSCO Services, LLC warrants solely to the purchasing party that the product sold shall be free from defects in material and workmanship; when given normal, proper and intended usage and care, for the scope of the warranty granted to us and to our customers by the applicable OEM.
- Purchaser Responsibility: Buyer shall notify ANDSCO Services, LLC of any product believed to be defective. At ANDSCO Services, LLC discretion, such products shall be returned by the customer with transportation and insurance prepaid. Based upon testing and examination after receipt of the goods, ANDSCO Services, LLC shall repair the part, replace it with a comparable product, or issue the applicable credit.
SELLER MAKES NO WARRANTY OTHER THAN THE WARRANTY SET FORTH HEREIN AND, SUCH WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERECHANTABLITIY OR FITNESS FOR A PARTICULAR PURPOSE.
Seller shall indemnify Buyer from sums which Buyer shall become obligated to pay any third party by reason of Buyer’s liability imposed by law for: Bodily injury (including death) or Physical injury to or destruction of tangible property, in either event to the extent directly caused by defects in goods sold by Seller or Seller’s negligence.
However, in the event any claim for which Seller is responsible is caused by the negligence of both Buyer and Seller, Seller shall be responsible for only that portion of the claim equal to the percentage of the total fault for any claims or demands against Buyer for which Seller is responsible hereunder.
LIMITATION OF LIABILITY
Neither Seller, nor its suppliers, shall be liable, whether in contract, warranty, failure of a remedy to achieve its intended or essential purpose, tort (including negligence), strict liability, indemnity or any other legal theory, for loss of use, revenue or profit, or for the costs of capital or for substitute use or performance, or for indirect, special, liquidated, incidental or consequential damages, or for any other loss or cost of similar type, or for claims by Buyer for damages of Buyer’s customers. The Seller’s maximum liability under this contract shall be the Contract price. Buyer and Seller agree that the exclusions and limitations set forth in this section are separate and independent from any other remedies which Buyer may have.
If Seller suffers a delay in performance due to any cause beyond Seller’s reasonable control, the time for Seller’s performance shall be extended a period of time equal to the period of delay and its consequences. Seller will give Buyer written notice within a reasonable time after Seller becomes aware of such delay.
The goods may be subject to U.S. government export controls and regulations and export may require a validated export license. Buyer agrees to abide by and assist Seller in complying with any export controls and regulations.
CHANGES TO THE GOODS
Seller reserves the right to change the design, dimension, and specification of the goods when necessary. Provided, however, Seller shall not make any change to goods ordered by the Buyer without the Buyer’s consent if the change impairs the performance or function of the goods.
- The laws of the state of South Carolina, without regard to conflict of law principles, shall govern the validity, interpretation and enforcement of the Contract.
- Waiver by Seller of any breach of any provision contained herein shall not constitute or be deemed to be a waiver of any other breach or of such provision. No amendment to or modification or alteration of the contract shall be effective against Seller without Seller’s specific written agreement thereto. Buyer shall not assign this Contract or rights under the Contract without Seller’s prior written consent. Disputes arising out of this Contract, not otherwise settled by mutual agreement between the parties, shall be settled by binding arbitration in Myrtle Beach, South Carolina USA pursuant to the Commercial Arbitration Rules of the American Arbitration Association then in effect.