TERMS, CONDITIONS AND LIMITED WARRANTY OF SALE
All prices, terms and conditions of sale are subject to change without prior notice. Buyer agrees to all terms and conditions of seller upon the placement of any and all purchase orders.
GENERAL
PAYMENT TERMS
T/T in advanced or Irrevocable L/C at sight.
Net 30 days (to approved and qualified accounts).
We reserve the right to hold shipments against past due accounts.
Seller may require full or partial payment in advance if, in its sole judgment, the financial condition of the buyer does not justify the terms specified.
All past due accounts are subject to a late payment charge of 1.5% per month, or maximum allowed by law if different, along with the expenses incidental to collection including reasonable attorney’s fees.
Returned checks are subject to a minimum $50.00 charge.
FREIGHT TERMS
All shipments will be made F.O.B. shipping point.
Orders requiring immediate or special delivery that must be shipped from different CAN Industrial or CANDO Enterprises locations may be subject to a freight surcharge. Such determination will be made at the time of order confirmation.
Backorders will be shipped in the most practical fashion with charges consistent with our freight policy established with the original order.
Any additional requested changes by the buyer regarding the final delivery address or delivery date after the bill of lading date that result in extra or unexpected charges! These additional costs and charges will be the responsibility of the buyer. For purchase orders with terms those charges will be added to a revised invoice detailing the charges. For all other orders that require some form of prepayment the charges will be paid directly by the buyer.
ACCEPTANCE, ALTERATION AND CANCELLATION OF ORDERS
Orders for other than standard items or standard lengths may not be cancelled after purchase has been committed, production scheduled or any costs incurred for purchase of raw materials, assembly components such as fittings, nozzles, special packaging or any project tooling costs incurred by the seller.
All changes required of the buyer must be in writing and will require signature authorization and stamp by the seller before authorization is approved.
RETURN OF DEFECTIVE MERCHANDISE
Defective or failed material to be held at the buyer’s premises until authorization has been granted by seller to return or dispose of merchandise. Merchandise to be returned for final inspection must be returned Freight Prepaid in the most economical way. Credit will be issued for material found to be defective upon our inspection based on prices at time of purchase.
MERCHANDISE SHIPPED IN ERROR
Buyer must notify seller immediately on any merchandise shipped in error. Upon notification, merchandise is to be returned to seller either via truck on a Freight Collect basis, via carrier of our choice, or via UPS on a Freight Prepaid basis. Buyer will be reimbursed for cost of merchandise, plus any additional freight which may have been incurred due to shipping error after review of returned goods is made.
MERCHANDISE ORDERED IN ERROR
Standard packaged merchandise only may be returned, provided that the merchandise is in the original buyer’s possession not more than 30 days. If merchandise is accepted for return and buyer has been given a Return Goods Authorization Number, merchandise must be returned Freight Prepaid, and buyer will be charged a minimum of 20% rehandling charge, plus a chargeback for outbound freight charges if the original order was shipped prepaid. Returns are not accepted for any merchandise that is specifically manufactured to meet the buyer’s requirement of either specifications or large quantity.
DELIVERY, DAMAGES, SHORTAGES
Delivery to the initial common carrier shall constitute the delivery to the buyer. Our responsibility, insofar as transportation risks are concerned, ceases upon the delivery of the merchandise in good condition to such a carrier, and all the merchandise shall be shipped at the buyer’s risk.
GOODS DAMAGED IN SHIPMENT
Upon receipt of shipment, any evidence of damage to original shipping package must be reported by the receiving party and a claim made with the delivering carrier upon receipt of shipment.
CONCEALED DAMAGE
Any evidence of damage to material shipped, upon the opening of the original shipping package, must be reported by the receiving party to and a claim made with the delivering carrier without delay.
LIMITED WARRANTY
The merchandise or products sold or distributed by CAN Industrial or CANDO Enterprises Inc. are warranted to our customers to be free from defects in material and workmanship at the time of shipment by us. All warranty claims shall be made within 90 days after we have shipped the merchandise. Our liability hereunder is limited to the purchase price of any merchandise proved defective, or, at our option, to the replacement of such merchandise upon its authorized return to us.
THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE CREATED UNDER APPLICABLE LAW INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANT ABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, IN NO EVENT SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS.
