1. GENERAL CONDITIONS.  Clerical errors in quotations, orders, acknowledgments, invoices, website information, or other documents are subject to correction. These terms and conditions apply to all orders and are not subject to any other terms and conditions that may be received before, with or after placing an order.
2. MINIMUM INVOICE.  Minimum Invoice amount is $25.00 per order/shipment.
3. PRICES.  All prices are F.O.B. Sparta, NJ or Wichita., KS unless we have accepted otherwise. Prices stated are subject to change without notice. Website purchases are net prices with no additional discounts.
4. PRODUCTS.  All products sold by the Seller are new and unused. Product designs, specifications, model numbers and continued availability are subject to change without notice.
5. PACKAGING.  Packaging will be standard commercial package acceptable to commercial carrier. Any other packaging requirements will be an additional cost to the Buyer.
6. SHIPPING MODE AND CHARGES.  All shipments are made via UPS unless customer specifies FedEx or other carrier. USPS may be requested or chosen by us on a limited basis. Collect freight shipments may be requested.  Only online orders shipping via UPS Ground to the Continental United States will ship with no additional freight charge. All other carriers, shipping modes or destinations will be charged regular appropriate freight rates.
7. ORDER LEAD TIMES. The Buyer’ s orders of stocked products placed by 4:00pm Monday through Friday during non-holiday periods typically are shipped the same day. Products displayed on our website as In Stock Now are subject to prior sales and productivity levels. Products that are not in stock may be shipped out of the factory 2-3 business days. Expedited air freight shipments can be arranged to ship the same day to 2 days.
8. DELAYS.  Unless expressly specified to the contrary, Seller shall ship products in stock immediately, and Seller shall ship products not in stock as soon as available. However, all shipping dates are approximate, and based upon current availability of materials, present production schedules, and prompt receipt of all necessary information. Seller is not liable for any damage, loss, fault, or expenses arising out of delays in shipment or other nonperformance of this Agreement caused or imposed by strikes, fires, disasters, riots, acts of God, acts of Buyer, shortages of labor, fuel, power, materials, supplies, transportation, or manufacturing facilities, governmental action, subcontractor delay, or any other cause or condition beyond Seller’ s reasonable control. In the event of any such delay or nonperformance, Seller may, at its option and without liability, cancel all or any portion of this Agreement and/or extend any date upon which any performance hereunder is due. Seller will not accept any penalty clauses.
9. ACCEPTANCE AND TRANSPORTATION.  Upon Buyer’ s receipt of shipment, Buyer shall immediately inspect the products. Seller shall deem products finally inspected, checked and accepted by Buyer, unless Buyer provides Seller with written notice of any claim for shortages of or defects in the products within 48 hours after receipt of shipment.
10. TERMINATION, CANCELLATION, AND CHANGES.  The Buyer’ s orders of stocked products may be cancelled or changed prior to shipping if communicated to the Seller prior to being packaged for shipment.  Cancellation or changes by the Buyer of non-standard, custom, or long lead time products will be non-cancellable or subject to cancellation charges. The contract resulting from this acknowledgment and acceptance of Buyer’ s order(s) cannot be terminated, canceled, or modified or shipment deferred after acceptance of Buyer’ s order by Seller, except with Seller’ s consent and subject to conditions that are agreed upon which shall indemnify Seller against liability and expense incurred and commitments made by Seller and which shall provide for profit on work in process and contract value of products or parts completed and ready for shipment.
11. TAXES.  Unless otherwise specifically provided on this website, the price for the products purchased is net and does not include sales, use, excise, or similar taxes, whether federal, state, or local. Buyer is responsible for and shall pay for any and all applicable taxes. If Seller pays any such taxes, Buyer shall immediately reimburse Seller therefore upon demand.
12. RETURNS.  Returned products to Seller must be formally arranged by contacting the Seller and requesting an authorization for return. Any shipment of products to the Seller without prior written authorization will be rejected.  All standard returned products are subject to restocking fees that is to be determined by the Seller. Non-standard and customized products are not returnable. All returned products must be returned within 90 days of being shipped and in new and unused condition and must include all original manuals, test reports and be in original boxes. All returned products are subject to inspection. Any returned products for repair to the Seller or the factory must include a Material Safety Data Sheet (MSDS) or a written statement declaring the use of a non-hazardous media used in the returned products.
13. TITLE AND RISK OF LOSS.  Title to any products sold and risk of loss of such products passes to Buyer upon tender of delivery by Seller to carrier. Buyer shall make any claims for losses or damage occurring after Seller’ s delivery to carrier directly with carrier.
14. LIMITED WARRANTY. Seller warrants that all products on this website to be free from defects in material and workmanship for a period of one year following the date of shipment. If Buyer finds any of the products to be defective, Buyer agrees that the sole and exclusive remedy and Seller’ s sole and exclusive obligation shall be, at Seller’ s option, replacement or repair of the products. Buyer further agrees that this exclusive remedy to be as long as Seller is willing and able to repair or replace defective products in the prescribed manner. YOU UNDERSTAND AND AGREE THAT THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. This warranty is void if anyone other than the Seller makes repairs to the products without the prior authorization from Seller. Buyer agrees that unless the Buyer submits a claim in writing to Seller within sixty days following Buyer’ s receipt of the products, then Buyer waives all claims with reference to the products sold by the Seller.
15. LIMITED LIABILITY.  IT IS EXPRESSLY UNDERSTOOD THAT SELLER GIVES ANY TECHNICAL ADVISE WITH RESPECT TO THE USE OF ITS PRODUCTS WITHOUT CHARGE, AND SELLER ASSUMES NO OBLIGATION OR LIABILITY FOR THE ADVICE GIVEN, OR THE RESULTS OBTAINED, BECAUSE BUYER ACCEPTS THE RISK FOR ALL ADVISE PROVIDED BY SELLER. Buyer is to review all materials of the quoted items for compatibility with the fluids in conjunction with the temperatures and pressures of the application before placing an order. Buyer agrees to limit Seller’ s liability (whether under breach of contract or warranty, negligence, strict liability or otherwise) for its products to repairing or replacing products found defective by Seller or at Seller’ s option, to refund the purchase price of the products or parts thereof.
16. DISCLAIMER OF CONSEQUENTIAL DAMAGES.  In no event shall Seller be liable for consequential damages arising out of or in connection with this agreement, including without limitation breach of any obligation imposed on seller hereunder or in connection wherewith. Consequential damages for purposes hereof shall include, without limitation, loss of use, income or profit, or losses sustained as the result of injury (including death) to any person, or loss of or damage to property (including without limitation property handled or processed by the use of the products). Buyer further agrees to indemnify and hold Seller and its officers, and employees harmless from any third party claim(s), settlements of claims(s) or demand(s), including attorneys’ fees, due to or arising out of any loss, damage or injury arising from the purchase or use of Seller’ s products.