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Terms and Conditions of Sale
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- Credit Card payments are only accepted from customers that have "Credit Card Only" payment terms, unless authorized by Kelly & Hayes.
- If freight charges are not included in your total, All orders must be pickup, or shipped Collect or 3rd Party Bill (unless quoted Freight Allowed by Kelly & Hayes) Please supply the necessary Freight Collect Information (UPS number or LTL billing address) to your Kelly & Hayes Account Manager.
- Orders will be released for processing after the credit card has been approved thru our credit card processor, Authorize.Net. You will be notified immediately if the charge is denied, and the order will not be released until a charge has been approved.
- Return of material will only be accepted with an approved, written RMA. No verbal returns will be accepted.
- Invoices will not be sent for credit card sales. Requests for copies can be directed to the AR Dept.
Buyers Acceptance - All orders received by Kelly & Hayes are subject to the following Terms and Conditions of Sale. Purchase orders can be accepted only by an authorized representative of Kelly & Hayes and are not effective or binding until approved by Kelly & Hayes. Any additional Terms and Conditions proposed by Buyer in its purchase order or by other writing are not accepted by Kelly & Hayes and are not considered part of the Agreement. These Terms and Conditions shall apply to all of Buyer's purchase orders, regardless of any provisions in any Buyer's purchase orders or other business forms. Kelly & Hayes' Terms and Conditions of sale constitute the entire Agreement between Kelly & Hayes and our customers and notice of objection to any different or additional terms is hereby waived. Kelly & Hayes' Terms and Conditions may not be modified except by written agreement signed by both Buyer and an Executive Vice President of Kelly & Hayes. No modification of this Agreement shall be accepted. These Terms and Conditions supercede all previous Terms and Conditions and are subject to change at any time without prior notice.
Acknowledgement - Kelly & Hayes will issue an order acknowledgement form upon acceptance and authorization of a purchase order. The acknowledgement constitutes the entire agreement between Kelly & Hayes and the Buyer and supersedes any previous agreements. Prices and delivery dates stated on said order acknowledgement shall prevail in the event of a discrepancy between the acknowledgement and the Buyer's written order.
Prices - Prices and charges per applicable quotation are stated in U.S. dollars unless otherwise noted. Prices are subject to any price adjustment necessitated by Kelly & Hayes' compliance with applicable government, laws or regulations. Buyer's order is subject to Kelly & Hayes' applicable Pricing Policies (to be determined in Kelly & Hayes' sole discretion) as follows: a) Firm Price: All shipments will be invoiced at the price quoted upon quotation and the order acknowledgement, are not subject to change on date of shipment. Should shipment be deferred by Buyer beyond two months from date of order acknowledgement, shipments will then be invoiced at Kelly & Hayes' price in effect on date of shipment. b) Price in Effect: All shipments will be invoiced at Kelly & Hayes' price in effect on the date of shipment. c) Price Exception for Metals: All shipments will be invoiced at the prices agreed to on the quotation and the order acknowledgement except for adjustments either upward or downward for the price of metals on date of shipment. Should shipment be deferred by Buyer beyond two months after the date of order acknowledgement, shipments will be invoiced at Kelly & Hayes' price in effect on date of shipment.
Taxes - Any tax or other governmental charge upon the production, sale, shipment, or use of the product, which Kelly & Hayes is required to pay or collect from Buyer, shall be paid by Buyer unless, prior to shipment, Buyer has furnished Kelly & Hayes with a tax exemption certificate acceptable to the appropriate taxing authority.
Payment - Pro rata payments are due as shipments are made. If shipments are delayed by Buyer, payments are due from the date when Kelly & Hayes is ready to ship. If fabrication is delayed by Buyer, payment shall be made based on the contract price and percentage of the product completion. Products held for Buyer shall be at the risk of and at the expense of Buyer.
Terms of Payment - Domestic Shipments -Net 30 (Written Credit Approval Required); Export Shipments Unless otherwise approved by Kelly & Hayes' Credit Department, all export sales must be secured by a cash in advance wire transfer of funds or irrevocable bank letter of credit (US Dollars).
Returns - Permission must be obtained in writing from Kelly & Hayes before any product is returned in the form of an approved Returned Material Authorization (RMA) number. A restocking charge, plus freight, will be assessed for authorized returns of standard stock material in saleable condition. Returns will not be accepted after 30 days of purchase. NON-STOCK AND SPECIAL MADE-TO-ORDER PRODUCTS AS IDENTIFIED ON THE ORDER ACKNOWLEDGEMENT ARE NOT SUBJECT TO RETURN BY THE BUYER UNDER ANY CIRCUMSTANCES.
Cancellation / Default - Orders will not be cancelled or modified in whole or in part, after Kelly & Hayes has issued its acknowledgement to Buyer, without Kelly & Hayes' written consent. Any cancellation or modification may be subject to a payment of a reasonable and proper cancellation charge that will reimburse Kelly & Hayes for the applicable costs incurred by virtue of the order, including but not limited to cost of materials and a reasonable allowance for profit. NON-STOCK AND SPECIAL MADE-TO-ORDER PRODUCTS AS IDENTIFIED ON THE ORDER ACKNOWLEDGEMENT ARE NOT SUBJECT TO CANCELLATION BY THE BUYER UNDER ANY CIRCUMSTANCES.
Disclaimer of Warranties - KELLY & HAYES MAKES NO EXPRESS OR IMPLIED WARRANTY, STATUTORY OR OTHERWISE, CONCERNING ANY PRODUCT, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY OF MERCHANTABILITY, OR ANY WARRANTY AS TO QUALITY OR CORRESPONDENCE WITH A DESCRIPTION OR SAMPLE.
Manufacturers' Warranties - Product may be covered, to the extent available, by warranties that are extended by the manufacturer of the product. Copies of applicable warranties are available upon request. Please contact the Kelly & Hayes sales office for details. Buyer acknowledges that any applicable warranties are the warranties of the manufacturer of the product only, not warranties of Kelly & Hayes, and that any claim brought by Buyer with respect to these warranties will be brought against the manufacturer.
Limitation of Liability - Neither party shall be liable for any lost profits or any special, indirect, incidental, or consequential damages. The remedies of Buyer set forth herein are exclusive, and the liability of Kelly & Hayes with respect to any contract or sale, or anything done in connection therewith, whether in contract, in tort under any warranty, or otherwise, shall not exceed the price of the product or part of the product upon which such liability is claimed.
Governing Law - This Agreement, the relative rights and obligations of the parties arising out of or relating to this Agreement and any other matter referred to in this Agreement, and the terms and provisions of this Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without giving any effect to any choice or conflicts of law provision or rule that would result in the application of the laws of another jurisdiction.
Error, Mistake or Assignment - Kelly & Hayes reserves the right to correct any clerical or human error made in the preparation of quotations, orders, acknowledgements or invoices. Corrections shall be considered as binding amendments to the original contract of sale. No agreement is assignable without the prior written consent of Kelly & Hayes. Any attempt to assign any of the rights, duties or obligations of this Agreement without such signed written consent shall be void. The Buyer acknowledges that Buyer has read this Agreement, understands it and agrees to be bound by its Terms and Conditions.
Reels - Non-returnable wooden/plastic reels are used whenever possible and are normally included in the sales price of the wire. Wooden/plastic reels may be returned to Kelly & Hayes for recycling. Buyer must contact the Kelly & Hayes sales office for details. Returnable steel reels are loaned for transportation and installation purposes only and remain the property of Kelly & Hayes. Returnable steel reels are not included in the price of wire and shall be charged separately. All returnable steel reels are subject to the following terms: Deposit: A deposit is required for each returnable steel reel loaned by Kelly & Hayes. Deposits are charged as a separate item and invoiced to the Buyer at time of shipment. Refund of Deposit: A full refund of Buyer's deposit will be made when steel reels are returned in good condition within one (1) year from date of shipment. Reels returned after one (1) year from date of shipment or in poor condition may be subject to a reduced credit. No steel reels may be returned without a prior written authorization signed by an authorized representative of Kelly & Hayes.
Tolerance on Shipping Lengths and Quantity - All Kelly & Hayes products will have shipping tolerances as detailed below, unless otherwise agreed upon prior to receipt of an order:
- Authorized Stock Products -0 + 10%
- Made-to-Order Products -0 + 10%
- Special Orders or Lengths As shown on the quotation and/or acknowledgement
Delivery and Transportation - F.O.B. Shipping location -for all shipments to destinations in the Continental U.S. served by common carrier. Orders will be shipped either freight collect, billed to a third party or with freight charges prepaid and charged to the Buyer. Buyer is responsible for material identification, footage count and visual inspection for damage upon receipt of shipment. Claims for freight charge or allowances of any kind will not be considered after fifteen (15) days from receipt of goods. Kelly & Hayes will ship via conventional methods unless otherwise specified.
Title and Risk of Loss - Title to product and risk of loss shall pass from Kelly & Hayes to buyer as product is loaded onto carrier's equipment at Kelly & Hayes' shipping location.