Only your written purchase order and our written acceptance will constitute a contract of sale for the quoted items. All items are subject to prior sale and availability. Items not quoted have most likely been sold. Spec sheets are supplied by the manufacturers and may not be accurate.
TERMS AND CONDITIONS OF SALE
1. The terms and conditions contained in Seller’s Sales Contract and any other terms and conditions stated in Seller’s Quotation or specifications attached hereto supersede all prior understandings, transactions and communications, whether oral or written, with respect to the matters referred to herein and constitute the entire agreement between the parties for the purchase and sale of the materials or equipment herein described. References hereon to documents or to other information from Purchaser are for identification only and form no part of said final agreement except as specifically indicated to the contrary. Seller shall not be bound by any term or condition contained in Purchaser ’s Purchase Order not consistent with these terms and conditions. No modification, alteration or amendment of these terms and conditions shall be binding upon the Seller unless in writing and signed by Seller’s authorized representative.
2. Price does not include sales or use tax if in effect in your state. Purchaser assumes responsibility for payment of such tax.
3. If shipment does not arrive complete and in good condition, damage or shortage should be noted on Consignee’s Receipt. All claims must be made upon receipt of Goods. No credit allowed for goods returned without permission. Freight must be PREPAID on all goods returned.
4. ANY ITEMS RETURNED ARE SUBJECT TO A RESTOCKING FEE OF UP TO 25% OF THE PURCHASE PRICE
5. Our responsibility ceases upon delivery of Goods to Transportation Company, but we will undertake collection for Consignee if claims for damage or shortage is sent to us accompanied by Freight Receipt bearing notice of such damage or shortage.
6. Rejection or refusal of any shipment on this contract shall not invalidate the remainder of the contract without the consent of the Seller. Seller shall not be held responsible for delays in delivers caused by strikes, accidents or other contingencies beyond its control.
7. Purchaser expressly assumes and agrees to indemnify and save Seller, together with its employees, servants, agents and/or assigns, harmless against all liability, claims, judgements, or loss of every kind, including but not limited to liability arising from the negligence of Seller, its employees, servants, agents and/or assigns for injury to persons, including wrongful death or damage to property, resulting from any defective, hazardous, toxic, explosive or other condition of the goods or materials sold hereunder or incurred in any other way from and after the sale of goods or materials sold hereunder; and Purchaser expressly assumes and agrees to defend all suits brought against Seller, its employees, servants, agents, and/or assigns, on account of such injury to persons, including wrongful death, and such damage to property.
8. Except as set forth in writing heron, Seller makes no representation or warranty, express or implied, as to the condition, merchantability, quality or fitness for any intended use of the goods or materials sold hereunder and Purchaser agrees to accept the same on an “as is, where is” basis, unless a 30 day return privilege is extended in writing The 30 day return privilege applies to stock items only and means that FL Sales will accept the goods back subject to the invoice and freight prepaid and if they are returned to, and received by FL Sales within 30 days from the date of shipment to the customer. There are no warranties which extend beyond the description of the face hereof. THE WARRANTY STATED HEREIN IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE.
8. Only your written purchase order and our written acceptance will constitute a contract of sale for the quoted items. Quotations are valid for 7 days from the date of the quotation.
9. The transactions contemplated by these terms and conditions and all matters related thereto (whether in contract, tort or statute), as well as all auction, liquidation, and/or other transactions F.L. Sales, Inc. and its affiliates shall be governed by, and enforced in accordance with, the internal laws of the State of Ohio law, without regard to principles of conflicts of law. All proceedings relating to the foregoing shall be brought in the state and federal courts located in Cuyahoga County, Ohio.
All items are subject to prior sale