Diversified Supply, Inc.
Terms and Conditions of Sale
1. All prices are F.O.B. shipping point unless otherwise specified. The prices quoted herein are subject to addition for federal, state or local taxes.
2. Claims for shortages, losses, and apparent or concealed damage sustained in transit, shall be made by the buyer with the carrier
3. Shipping dates are approximate and are dependent upon prompt receipt of all necessary information by Diversified, Diversified shall not be liable for late delivery due to fire, strike, civil or military authority, and insurrection of riot, any acts of God or nature, material or parts unavailable for causes beyond its reasonable control, and Diversified shall not be liable for incidental or consequential damages arising from late delivery.
4. All equipment and supplies shall be installed by and at the expense of the Purchaser unless otherwise stipulated in writing. Diversified may furnish, at its option, engineers to supervise installation of the equipment. The expanse shall be horn by the Purchaser. Purchaser accepts responsibility for all loss occurring during the erection of the equipment by events including, but not limited to, fire and disaster.
5. The parties hereto acknowledge and agree that the Purchaser will pay the entire purchase price to Diversified terms of sale in the event the Purchaser defaults, Diversified may charge and collect a late charge of 1 1/2 % per month of the unpaid contract price. Diversified shall also be entitled to all costs of collection including court costs and attorney’s fees in the event of the default by the Purchaser.
6. The person(s) signing the application certify that all of the information contained in the application and any attachment(s) in/are true and correct to the best of their information, knowledge and belief
7. The Purchaser acknowledges and agrees that Diversified may utilize outside credit reporting services to obtain information on the Purchaser.
8. No terms or conditions or purchase orders and/or contracts different from the terms of Diversified will become a part of any sales agreement, purchase order, or other document(s) unless specifically approved in a separate document by Diversified. Pricing is published and agreed to at the time of sale. Constant price fluctuations due to market conditions may happen on items including but not limited to, strut, cable trays and/or any wire/cable products.
9. The Purchaser agrees to provide Diversified upon request a statement representing that the Purchaser is and remains solvent.
10. Diversified makes NO WARRANTIES OF THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE or other warranties of quality, WHETHER EXPRESS OR IMPLIED except of title. Any warranty extended to the Purchaser is that of the manufacturer, and NOT of Diversified Supply, Inc.
11. Warranty period and any other condition of sales shall be that as published in manufacturer(s) standard conditions of sale at the time of shipment.
12. Diversified shall not under any circumstances be liable for special or consequential damages, such as, but not limited to, damages or loss of other property or equipment, loss of profits or revenue cost of capital, cost of purchased or replacement goods or claims of customers of Purchaser for service interruptions. Any remedy of Purchaser shall be with respect to any warranty extended by the Manufacturer. The remedy of the Purchaser set forth herein is exclusive, and the liability of Diversified with respect to any contract, or anything done in connection therewith such as the performance or breach thereof, or from the sales, delivery, resale, installation, or use of any goods sold, whether arising out of any contract, negligence, strict tort, of under any warranty or otherwise, shall not exceed the price of the goods upon which such liability is based.
13. It is expressly understood that the title to property shall not pass to the Purchaser but shall remain vested in and be the property of Diversified, or its designates, until the purchase price, late charge, and all of the conditions and stipulations of the Application, including the time for making payments, shall be and are the essence hereof, and no agreement for any extension of time or postponement of any payment shalt he valid unless in writing signed by an officer of Diversified. It is expressly agreed that the property shall be and remain strictly personal property and retain its character as such, no matter in what if it may be affixed or attached to the building or structure,
14. For the purpose of enforcing Diversified’s rights, the Purchaser authorizes Diversified to enter on the premises, with or without notice, and remove the property, and hereby waives any action, or rights of action, arising out of such entry and repossessions.
15. When this document is confirming the Purchaser’s verbal acceptance, exceptions must be communicated to Diversified within 10 days or the quote is accepted by the Purchaser. Diversified and Purchaser agree that the location of the branch receiving any purchase order, shall be a proper place of venue.
Returned Goods Policy
16. Returns on special non-stock items must have a factory approval before returning.
17. Diversified will issue full credit for merchandise returned that meets the following conditions: a. Merchandise being returned must be in within 60 days of invoice date. b. All items returned must be stock material and of reasonable quantity. c. All merchandise must be accompanied by documentation providing Diversified with the following information: invoice number and date, product identification number, quantity of items being returned and reason for return.
18. Merchandise must be in resalable condition as determined by a Diversified representative. If all of the above requirements are met, the customer will not be liable for any restocking charge. If proper documentation as outlined on C above is not provided, then a restock (handling) charge may be charged to cover our additional expenses incurred in researching proof of purchase. RETURNS OF NON-STOCK MATERIAL, SPECIAL ORDER PRODUCTS AND RETURNS OF LARGE QUANTITIES OF MERCHANDISE REQUIRE ARRANGEMENTS BE MADE WITH OUR VENDORS, Therefore, we cannot authorize these products to be returned to Diversified until such returns have been approved by the manufacturer or its representatives in writing to Diversified, MATERIAL WILL ONLY BE ACCEPTED by our drivers if pick up has been previously authorized by the issuing of a Return Material Authorization.
19. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND MAY NOT HE ALTERED EXCEPT IN WRITING SIGNED BY AN OFFICER OF DIVERSIFIED AND THE PURCHASER SHALL BE CONSTRUED ACCORDING TO THE LAWS OF THE STATE IN WHICH DIVERSIFIED IS LOCATED.