Sealing Specialists Inc. (SSI) Terms & Conditions of Quotation
THIS SALES QUOTATION IS NOT AN OFFER TO SELL THE LISTED ITEMS. IF CUSTOMER WISHES TO PURCHASE THE LISTED ITEMS, PLEASE DO SO BY ISSUING YOUR PURCHASE ORDER WITHIN THIRTY (30) DAYS OF THIS SALES QUOTATION AS YOUR OFFER TO PURCHASE. ONCE RECEIVED, SSI WILL NOTIFY CUSTOMER WITHIN FIVE (5) DAYS OF RECEIPT IF IT WILL ACCEPT THE OFFER. THIS QUOTATION IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, WHICH CUSTOMER AGREES TO IF A PURCHASE ORDER IS ISSUED. IF A PURCHASE ORDER HAS TERMS AND CONDITIONS THAT CONFLICT WITH THIS SALES QUOTATION, THESE SALES AND QUOTATION TERMS AND CONDITIONS SHALL OVERRIDE THOSE IN THE PURCHASE ORDER.
Prices. SSI’s prices specified in this Quotation are subject to the following:
a. Unless otherwise stated in writing by SSI, regardless of destination, prices quoted are in U.S. dollars and are based on packing of domestic shipment within our territory of operation. SSI may charge additional for any special packaging requirements which Customer may have.
b. Unless otherwise stated in writing by SSI, all prices quoted shall be exclusive of transportation from the F.O.B. point, insurance, taxes (including without limitation any sales, use or similar tax, and any tax levied on or assessed to SSI after delivery by reason of SSI’s security interest in the goods/items),license fees, custom fees, duties and other charges related thereto.
c. Typographical and clerical errors are subject to corrections.
d. Prices are for the goods/items specified only and do not include technical data or proprietary rights of any kind.
2. Terms of Payments. Unless otherwise expressly stated by SSI in writing, terms are net cash 30 days from date of invoice. Past due balances will be subject to a service charge of 1 ½% per month (18% per annum),but not more than the amounts allowed by applicable laws, calculated daily, and compounded monthly.
3. Delivery. SSI shall select the means of transportation and routing except where SSI agrees in writing to follow Customer’s instructions. Unless otherwise specified by SSI in writing, all shipments are F.O.B. St. Louis, MO or Hendersonville, TN, SSI’s office, depending on where Customer is serviced. Estimates of shipping dates are approximate, representing SSI’s best judgement if made. SSI shall not be liable for delays in shipping or in the time in which shipments reach Customer. If Customer requests expedited shipping, additional costs may be applied.
SSI may, in its sole discretion, without liability or penalty, make partial shipments of goods to Customer. Each shipment will constitute a separate sale, and Customer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Customer’s purchaser order.
4. Title & Risk of Loss. Title and risk of loss shall pass to Customer upon SSI’s delivery of the goods to the common carrier.
5. Order Cancellation. SSI cannot guarantee that orders may be canceled. If the order is canceled, Customer must pay SSI for all costs SSI already incurred for the order and a reasonable allowance for overhead and profit. All requests for cancellation must be made in writing.
6. Acceptance of Goods. Samples and finished goods shall be deemed approved and accepted by Customer if written notice of rejection is not received by SSI within 10 days after date of delivery. Before any rejected goods are returned to SSI, SSI’s prior written authorization and SSI’s instructions regarding how and where goods should be returned must be obtained. IF A CONTRACT IS NOT EARLIER FORMED BY MUTUALAGREEMENT IN WRITING, ACCEPTANCE OF ANY GOODS/ITEMS FURNISHED HEREUNDER SHALL BE DEEMEDTO BE ASSENT TO AND ACCEPTANCE OF ALL THE TERMS AND CONDITIONS STATED HEREIN.
7. Non-Warranty Returns. No product may be returned to SSI without prior written authorization from SSI. SSI will issue a merchandise credit for all approved returns. All returned goods will be subject to a 20% restocking fee, must be returned in accordance with SSI’s instructions, and must be returned within thirty(30) days of SSI’s authorization. If an item is returned after the thirty-day period, SSI will determine, in its sole discretion, whether to process the return. Any returns which SSI processes after the 30-day period will be subject to an additional 5% restocking fee.
8. Security interest. SSI reserves and Customer grants a purchase money security interest in all items which are the subject of this Quotation or any contract of sales entered into pursuant hereto (and proceeds thereof) as security for the payment by Customer of the full purchase price for such items. The purchase money security interest granted herein constitutes a purchase money security interest under the Missouri Uniform Commercial Code.
9. Force Majeure. In no event shall SSI be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.
10. Severability. Any provision herein which is prohibited by the laws of any state or other jurisdiction applicable hereto shall be ineffective to the extent of such prohibition, without invalidating the remaining provisions of the contract between parties.
11. Survival. The following provision of this Quotation shall survive any termination of any contract of sale entered into pursuant hereto: Paragraphs 13, 14, and all other provisions, rights and obligations that by their sense and context are intended to survive until performance thereof.
12. Governing Law & Jurisdiction. This Quotation and these Terms shall be construed, and the rights and obligations of the parties shall be determined by and, in accordance with the laws of the State of Missouri. Any disputes arising out of or in connection with this Quotation shall be adjudicated only in and before the federal or state courts located in State of Missouri.
13. Warranty: Included with the product is a manufacturer’s limited warranty. It is the sole and exclusive warranty of the items. It is in lieu of any other warranty, expressed or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose. SSI neither assumes (nor has authorized any person to assume) any other warranty or liability in connection with SSI’s products. Customer acknowledges that SSI is not the manufacturer of the items and they are warranted only to the extent of the manufacturer’s express warranties.
14. Limitation of Remedies and Damages: Customer shall provide SSI with written notice of any alleged defects in material or workmanship that arise under proper and normal use of the Products during the warranty period. SSI shall arrange for inspection of such Products within fifteen (15) days of its receipt of such notice.
15. Quotation Effectiveness. This Quotation shall remain effective and valid for thirty (30) days from date.
Click here to download/print a copy of SSI’s Terms & Conditions