TERMS AND CONDITIONS OF SALE
- General Terms. The terms and conditions of sale contained herein constitute a binding agreement between the Customer and McGregor Isles (hereinafter called the “Seller”). Terms and conditions contained in Customer’s purchase order or other purchase documentation shall not be applicable to Customer’s purchase of products from Seller unless Seller has specifically agreed thereto in writing. Theses terms and conditions are deemed to be accepted by Buyer at the time Buyer places an order. Buyer acknowledges and warrants to Seller that Buyers’ purchase of product from Seller will be a commercial and not a consumer transaction.
- Quotations, Pricing and Acceptance of Order. Seller’s quotations are not binding and do not constitute an offer to sell. Seller is not bound by prices quoted unless the quotation specially states that the price will be firm for a stated period of time. Otherwise, prices are subject to change at any time. Quotations are merely solicitations of offers to purchase, and no binding agreement is in force until confirmation of acceptance of an order is delivered by Seller to Buyer. Prices quoted do not include taxes, freight, insurance, or any other applicable charges unless specifically set forth in the quotation.
- Cancellation of Orders. Providing that the product has not been shipped, or that Seller has not placed an order for the product that Seller cannot cancel, Buyer may cancel an order, or part of an order, by giving notice of cancellation to Seller which is actually received by Seller within twenty-four (24) hours of the time that Seller confirmed acceptance of the order. Buyer shall have no other rights of cancellation.
- Shipment, Delivery and Risk of Loss.
(a) Seller will ship the product within the time specified in the accepted order or if no shipping time is stated, within a commercially reasonable time. Seller reserves the right to make partial shipment of an order and maintain the balance on back-order until the products are available. Seller will give timely notice to buyer of any products placed on back-order. Except for special order products, Buyer may cancel its order for back-ordered products within twenty-four (24) hours of receiving notice of a back-order from Seller.
(b) Seller shall not be liable to buyer for breach of contract or any other damages, whether direct, indirect, incidental or consequential, for any failure or delay in shipment or delivery of an order caused by acts of God, strike, accidents, regulatory difficulties, failures caused by the transporting company, any other unforeseen circumstances, or any circumstances that are beyond the Seller’s control.
(c) Risk of loss, damage to or destruction of the purchased products passes from Seller to Buyer at the time of shipment. - Returns of Product.
(a) Except as hereinafter stated, or previously agreed to in writing by Seller and Buyer, all sales of product are final and no returns of products will be accepted for credit or exchange.
(b) Seller will accept return of products, within ten (10) days of delivery, if the product was defective when delivered, was not as ordered, or for any other reason that Seller in its sole discretion determines to be a valid reason for return. Buyer must obtain prior authorization for Seller in order to be eligible to make a return pursuant to this paragraph. All returned products must be in new condition including the original box, packaging, manuals and accessories.
(c) Shipping, or other handling charges, are not refundable and will not be credited to Buyer’s account unless the reason for the return is the sole fault of the Seller. - Terms of Payment. Unless otherwise set forth in writing between Seller and Buyer, payment in full shall be made by Buyer at the time of sale or with thirty (30) days of Seller’s billing. Seller may, at its sole discretion, assess a finance charge of 1.5% per month (prorated daily) for any payment not received within the time agreed to in writing or within thirty (30) days of Seller’s billing.
- Warranty and Indemnity.
(a) No Warranty. All products are sold “as is” and without any warranty whatsoever except that Seller warrants that said property will be merchantable and in good working order at the time of delivery to Buyer. Seller shall have no liability under this warranty unless it receives written notice from Buyer of any claimed defect within ten days of the date the property is delivered to Buyer. Seller’s liability under this warranty is limited to repair or replacement, at Seller’s option, of any property to be found defective at the time of delivery to Buyer.
(b) Manufacturer Warranty. Any warranty applicable to products is provided solely by the manufacturer, and no warranty express or implied is made by the Seller with respect to the sale to, or use by the Buyer, or any other person, of any product sold by Seller to Buyer.
(c) Indemnity. Buyer agrees to indemnify Seller and hold Seller harmless from any and all claims for damages, including costs, expenses and attorney fees, or other liability in any manner arising from or related to Buyer’s use of the products sold by Seller to Buyer. - Patents and Intellectual Property. The sale of products to Buyer does not include any rights to patents or intellectual property that Seller may own or have on the products being sold.
- Applicable Law. The sale of products by Seller to Buyer, and this Terms and Conditions of Sale shall be governed by the laws of the State of Florida.