Terms and Conditions
1. GENERAL CONDITIONS. Clerical errors in quotations, orders, acknowledgments, invoices, website information, or other documents are subject to correction. Telephone quotations are subject to approval prior to acceptance.
2. MINIMUM INVOICE. Minimum Invoice amount is $50.00.
3. PRICE. All prices are F.O.B. Sparta, NJ unless specified otherwise by seller. Prices stated are subject to change without notice. Buyer shall receive no discount from Seller on goods purchased on this website.
4. LIMITED WARRANTY. Seller warrants that all goods on this website to be free from defects in material and workmanship for one year following the date of shipment. If Seller finds any of the goods are 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 goods. Buyer further agrees that this exclusive remedy shall not fail of its essential purpose as long as Seller is willing and able to repair or replace defective goods 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 that the Seller makes repairs to the goods 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 goods, then Buyer waives all claims with reference to the goods sold by Seller. Seller does not guarantee glass products against breakage, clouding or the corrosive or erosive effects of any material or substance as any glass product can break when subjected to thermal or mechanical stress.
5. LIMITED LIABILITY. IT IS EXPRESSLY UNDERSTOOD THAT SELLER GIVES ANY TECHNICAL ADVISE WITH RESPECT TO THE USE OF ITS GOODS 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 Goods to repairing or replacing Goods found defective by Seller or at Seller’ s option, to refund the purchase price of the Goods or parts thereof.
6. 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 Goods). 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 reasonable attorneys’ fees, due to or arising out of any loss, damage or injury arising from the purchase or use of Seller’ s goods.
7. ACCEPTANCE AND TRANSPORTATION. Upon Buyer’ s receipt of shipment, Buyer shall immediately inspect the Goods. Seller shall deem Goods finally inspected , checked and accepted by Buyer, unless Buyer provides Seller with written notice of any claim for shortages of or defects in the Goods within 48 hours after receipt of shipment.
8. TITLE AND RISK OF LOSS. Title to any Goods sold and risk of loss of such Goods 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.
9. TAXES. Unless otherwise specifically provided on this website, the price for the Goods purchased is net and does not include sales, use, excise, or similar taxes, whether federal, state, or local. Buyer shall pay the amount of any taxes applicable to the Goods in the same manner, and with the same effect as if originally included in the purchase price. If Seller pays any such taxes, Buyer shall immediately reimburse Seller therefore upon demand.
10. PACKAGING. Packaging will be standard commercial package and acceptable to commercial carrier.
11. DELAYS. Unless expressly specified to the contrary, Seller shall ship Goods in stock immediately, and Seller shall ship Goods not in stock as soon as practicable. 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 non performance, 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.
12. TERMINATION, CANCELLATION, AND CHANGES. 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 them 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.