DIRECT END USER
SALES AGREEMENT TERMS

 

 

 

 

 

 

 

 

 

 

 

 

ORDERS

 

Orders.  If approved, Buyer (you, the customer) may directly order Goods by written or electronic order and payment to SnapMark, Inc. (Company).   A Purchase Order form is located on this site for your use.

 

Acceptance.  An order from Buyer shall be considered  accepted by Company when acknowledgment of receipt of the order is given by Company to Buyer electronically or otherwise, or if no acknowledgment is given then when shipment is made to Buyer.

 

Cancellation.  An order from Buyer that is accepted by Company shall not be subject to cancellation by Buyer without the written approval of the Company. 

 

PRICING

 

Pricing of Goods.    Goods prices are as listed on the site at the time Buyer’s order is taken by Company.  Price are stated in U.S. Dollars.  Company may in its discretion specify a lower price to the trade.

 

Shipping.  Shipping and handling is in addition to the sales price, and will be added to the invoice, and will be in the amount as listed on the site at the time Buyer’s order is taken by Company.  All shipments of Goods shall be made F.O.B. shipping point and liability for loss or damage in transit, or thereafter, shall pass to Buyer upon Company's delivery of Goods to a common carrier for shipment. Shipping dates are approximate.

 

Taxes.  Prices do not include federal, state or local taxes applicable to the Goods sold under this contract.  If Buyer’s state requires us to add them to Buyer’s invoice we must do so.  In any international sales, applicable import and export taxes and duties shall be for Buyer’s account.  An amount equal to the appropriate taxes will be added to the purchase Order by the Company where the Company has the legal obligation to collect such taxes. 

 

Title to Goods. The Company hereby reserves a purchase money security interest in the Goods sold until payment has been made in full.

 

Acceptance of Goods. The Goods shall be deemed accepted by Buyer if at the time of delivery Buyer does not report to Company in writing that the Goods do not conform to the product description on Buyer’s Purchase Order to Company.

 

PAYMENT

 

Upon Order or C.O.D.   Terms are payment at the time of placement of order.  In cases where satisfactory credit is established, terms are net thirty (30) days, and in such cases:

 

·        Payment in full within 15 (fifteen) days of delivery, 1% discount.

·        Payment in full within 10 (ten) days of delivery, 2% discount.

 

All payments shall be made in U.S. Dollars, unless otherwise agreed in prior writing.  Buyers not based within the fifty states of the United States shall make payments under this contract by credit card, certified irrevocable letter of credit guaranteed by a U.S. bank, or upon such other terms as may be determined in advance by mutual agreement.  Company reserves the right to revoke any credit extended at the Company's sole discretion.  Buyer agree to pay any invoices when due regardless of other scheduled deliveries.  Invoices not paid within thirty (30) days of the invoice date will have one and one-half percent (1.5%) per month finance charge assessed against the unpaid balance from the original date of invoice until the date of payment.  All expenses incurred by Buyer shall be paid by Buyer.  If the account is placed in  the hands of an attorney or collection agent, Buyer shall pay the fees and costs associated therewith.

 

 

WARRANTY

 

Limited Goods Warranty.  Warranties do not extend beyond the original end user.   Company warrants that the parts are free from defects in material and workmanship under normal use and service for a period of  one year  from the date of  delivery to the original end user. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE LIMITED TO THE SAME PERIOD.  Claimant must furnish proof of date of purchase or installation. Company will provide a replacement part,  or may opt to reimburse the purchase price if that is infeasible. Company’s  sole liability with respect to any defect shall be for the replacement of the defective part(s).  No one is authorized to make any other warranties on behalf of Company, or modify this warranty. Company will not  be liable for any pipe, valve, or line repair or replacement as a result or removing or replacing any Goods; going to an end-user’s location  to teach them how to use the product; repairing damaged or failure caused by acts of God, abuse, faulty installation or removal,  abnormal usage,  use or application for which the product is not intended.  The foregoing shall constitute Company’s sole warranty and sole liability, and is in lieu of any other warranties whether written, oral, implied, or statutory.  Some states and provinces do not allow the limitation of  exclusion or limitation or incidental or consequential damages and some states do not allow limitations on how long an implied warranty lasts, so the limitations or exclusions may not apply.  This warranty gives its beneficiaries specific legal rights, and beneficiaries may have other rights which vary from state to state and province and province.  COMPANY WILL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCT OR OTHER INDIRECT DAMAGES WITH RESPECT TO LOSS OF PROPERTY, REVENUES, LIFE OR LIMB, PERSONAL INJURY, OR THE COST OF REMOVAL, INSTALLATION, OR REINSTALLATION, AND DISTRIBUTOR’S REMEDIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF NONCONFORMING UNITS OR PARTS.

 

 

GENERAL MATTERS

 

Website Terms and Conditions.  The terms of the www.snapmarkers.com Website Legal Statement are incorporated herein.

 

Force Majeure.  Company shall not be liable for or in default of this contract by reason of any delay attributable to any cause, circumstance, or contingency beyond its control or the control of its suppliers or Company’s which prevents or impedes manufacture, supply, or delivery to Buyer by Company whether directly or indirectly.  Such causes, circumstances, and contingencies shall include, but not be limited to:   inability to obtain material, supplies or services in the normal course of business;  accidents; fire; explosion; strikes, lockouts, or other labor problems; freight embargo; gas or petroleum product shortage or embargo; act of God or of the public enemy; war; riots; civil disturbance; act of any government, de jure or de facto, or agency or official thereof; material or labor shortage; transportation contingencies; unusually severe weather; default of any other Company or a supplier or subcontractor; quarantine, restriction, epidemic; catastrophe; restraints affecting shipment or credit; non-arrival or delay of carriers;  lack of timely instructions or essential information from Buyer; inadequate or reduced supply or excessive cost of suitable raw materials, transportation or production facilities;  or otherwise arising out of causes beyond the reasonable control of the Company. Nor shall the Company at any time be liable for any incidental, special or consequential damages.   Delays in delivery attendant to same shall not entitle Buyer to terminate this contract, terminate or not honor any Purchase Order, or collect damages for same.   In the event of such default or delay, the date for shipment shall be extended correspondingly. Company may make delivery on an equitable basis with reference to all its Buyers. No orders may be cancelled unless acceptable to Company.