Terms and Conditions
THIS AGREEMENT IS SUBJECT TO THE UNIFORM ARBITRATION ACT, SECTION 29-5-302 OF THE CODE OF LAWS OF TENNESSESSEE AS AMENDED
ENVIRONMENTAL PRODUCTS AND ACCESSORIES, LLC.
The following terms and conditions shall be a part of every contract with
Environmental Products and Accessories, LLC.
CONTRACT: A contract with Environmental Products and Accessories, LLC. shall include the following:
- These terms and conditions.
- Verbal orders reduced to writing, telephone, fax and written purchase orders from customers.
- Any offer or purchase order which contains terms and conditions which contradict these terms and conditions or materially change these terms and conditions are rejected and do not become a part of the contract unless they are agreed to and signed in separate writing by an official of Environmental Products and Accessories, LLC. authorized to do so in the home office located in Hixson, TN.
- Any documents or writings which are specifically referred to as being part of the contract by Environmental Products and Accessories, LLC. will be included in the contract.
- The particular items and specifications of the catalog which are referred to by the Buyer in the purchase order of the Buyer are incorporated as part of the contract as reflected in the documentation of the parties.
- Typographical error and clerical errors made by the Seller are subject to correction.
TERMS: If account is preapproved for credit by Environmental Products & Accessories, LLC--Terms are Net 15 days unless otherwise stated; F.O.B. Hixson , TN. Bills will be dated on the day of shipment unless circumstances prevent such actions. An example would be computer malfunction or any other circumstances beyond the control of the Seller. Environmental Products and Accessories, LLC. will charge interest at 1.5 percent per month on all overdue invoices. If credit arrangements have not been made with Environmental Products and Accessories, LLC. or if there is a change in the financial condition of the Buyer, Environmental Products and Accessories, LLC. may require full payment in advance.
SHIPMENT: All prices are F.O.B. Hixson, TN. unless at the option of Environmental Products, the Buyer may be better served by shipping directly from the manufacturer or an alternate vendor, in which case the appropriate freight would be charged from the origination point. Method and route of shipment are at the discretion of Environmental Products, unless the Buyer supplies explicit instructions. All shipments are insured by the Buyer, goods in the contract shall occur as each shipment is placed in the hands of the carrier.
TAXES: Any taxes which the Seller may be required to pay or collect, under any existing or future law, upon or with respect to the sale, delivery, processing, use or transportation of any products sold to Buyer, including taxes upon or measured by, the receipts from such sale, shall be the responsibility of the Buyer, and Buyer shall pay the amount thereof to the Seller upon demand. Or in lieu thereof, the Buyer shall provide Environmental Products and Accessories, LLC. with a tax exempt certificate acceptable by the taxing authorities. Shipments made into a TN location or picked up in the Hixson, TN location are subject to Tennessee Sales Tax.
QUOTATIONS AND PRICES: Prices are subject to change without notice and orders calling for future delivery will be invoiced according to the price in effect at the time of shipment.
LIABILITY: Environmental Products and Accessories, LLC. shall not be liable for any loss or damage of any kind resulting from delay and inability to deliver on account of the, labor troubles, accidents, acts of civil or military authorities, or any other cause beyond the control of Environmental Products. Shipper is not responsible for shipments that are not signed for as damaged or short upon arrival. Pictures & drawings are representative of the product--actual may vary.
LIMITED WARRANTY: Environmental Products and Accessories, LLC. will pass on to the Buyer any warranty from the live manufacturer as determined and authorized by such manufacturer. Any damage caused by Environmental Products and Accessories, LLC .shall be limited to replacement or repair F.O.B. Hixson, TN and in no event shall Environmental Products and Accessories, LLC be liable for consequential or special damages, or for transportation, installation, labor adjustment or other expense which may arise in connection with such parts. Environmental Products and Accessories, LLC. MUST be notified within (5) days after receipt of goods of any defective parts.
THIS LIMITED WARRANTY IS EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS.
CANCELLATION: An order placed with and accepted by Environmental Products and Accessories, LLC. can be cancelled only with the consent of Environmental Products.
RETURNED PARTS: Returns will only be considered within 10 days after date of receipt of the product. A Restocking fee may be applied. Parts should not be returned to Environmental Products and Accessories, LLC., without first contacting Environmental Products and Accessories, LLC. All returns are prepaid and require a return authorization number. If Environmental Products and Accessories, LLC. authorizes the return of parts, the parts should be properly packaged to reach Environmental Products and Accessories, LLC. or another required destination without damage. Once we receive the return, conduct an inspection (of the return) and verified that your return meets the above guidelines, then the credit can be applied.
WHY DO WE CHARGE A RESTOCKING FEE? As you know we sell parts at deep discounts and deep shipping discounts. We are not in the return business and we make every effort possible in the order processing to minimize/catch possible errors so you can receive the appropriate part the first time. However, the only way we can do this is to cover our expenses (employee, packaging, freight cost). When we sell you a part, we cover our operational expenses.
When you return a part, we now need to recover the cost by charging you a re-stock fee. Most of the returns require much more work than an order. There are many employees involved in the various steps of the process and we need to cover the cost as much as possible. (Return request review, RMA issuance, Receiving and inspection, re-boxing and back on the shelves, issue credit card transaction fees).
DISCLAIMER OR WARRANTIES, NO EXPRESS WARRANTIES AND NO IMPLIED WARRANTIES, WHETHER MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE, OR OTHERWISE, EXPRESS IN LIEU OF ALL OTHER WARRANTIES, SHALL APPLY TO PRODUCTS SOLD BY US AND NO WAIVER ALTERATION OR MODIFICATION OF FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY AN EXECUTIVE OFFICER OF ENVIRONMENTAL PRODUCTS AND ACCESSOIRES LLC.
JURISDICTION; No contract is valid unless by Environmental Products and Accessories, LLC. at companyís home office. The contract shall be governed by and subject to the laws of the State of Tennessee.
ARBITRATION: Any controversy or claim arising out of or relating to the contract or the performance or breach thereof shall be settled by arbitration in the city and county of Hixson, TN, in accordance with rules and procedures of the Uniform Arbitration Act of the State of Tennessee.