TERMS & CONDITIONS
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The Uniform Sales and Use Tax Exemption Certificate - Multijurisdiction
Online Terms & Conditions of Sale
NOTICE TO SUBSEQUENT PURCHASER OR REPACKER.
In the event that the article(s) on this order is/are imported, as will be indicated on the container(s) the following shall apply:
The requirements of 19 U.S.C. 1304 and 19 DFR part 134 provide that imported articles or their containers must be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article or container will permit, in such a manner as to indicate to an ultimate purchaser in the United States, the English name of the country of origin of the article.
ONLINE TERMS & CONDITIONS OF SALE
- All orders are subject to acceptance at Trinity Logistics' home or divisional office, whichever is applicable. The prices applicable to this order/quotation shall be Trinity Logistics' prices in effect at the time of shipment as set forth hereon unless otherwise set forth in writing to Trinity Logistics by the buyer. Price subject to change without notice. Shipments and deliveries are all subject to approval of Trinity Logistics' credit department. If the buyer shall fail to fulfill the terms of payment, Trinity Logistics may defer further shipment and/or delivery; or may at its option, cancel the unshipped balance of any order outstanding from the buyer. Payment due is net 30 days and shall be based on the date of invoice. Buyer's request to change bill of lading after shipment has been made will be made at buyer's expense. C.O.D. shipments will incur a $ 5.00 handling charge. Buyer's request to break bulk containers for U.P.S. shipments will incur a $ 2.00 charge per box.
- A minimum order amount of $100 applies on all online orders.
- The routing of all shipments shall be entirely within the discretion of Trinity Logistics except where such routing is specifically designated by the buyer. Trinity Logistics' prices include only normal packing for domestic shipments. Freight terms are F.O.B. shipping point. Truck shipments made pre-pay charged at the request of the buyer will incur a fee of 25% of the freight charges or a $25.00 minimum, whichever is greater.
- No product will be accepted for return without Trinity Logistics' prior written approval. Orders for products may be cancelled or altered by the buyer only upon terms by which Trinity Logistics will be fully reimbursed for all expenses incurred including but not limited to any purchase commitments it might have made, and such terms of cancellation shall be solely within the discretion of Trinity Logistics. A $15.00 or 20% restocking charge (whichever is greater) will be applied to credits covering return of material within 60 days from date of purchase and not caused by any Trinity Logistics error. On material covered beyond 60 days grace period, the restocking charge is based upon the condition of material, possible obsolescence, etc. All returns must be freight prepaid. All parts returned must be in original containers bearing Trinity Logistics traceability numbers and labels.
- This order/quotation is based upon Trinity Logistics shipping at one time the quantity of products set forth herein. Should the buyer's receiving schedules preclude this, Trinity Logistics shall have the right to adjust its prices to the extent necessary to reflect any additional cost whatsoever including, but not limited to, warehouse and shipping. Unless this order states to the contrary, product in stock will be shipped immediately; product not in stock will be shipped as soon as possible.
- Risk of loss or damage to products in transit shall be the responsibility of the buyer and buyer shall immediately notify the carrier in writing of such loss or damage. Title to products priced at Trinity Logistics' shipping point shall pass to buyer upon delivery at such shipping point.
- To the extent legally permissible, all present and future taxes imposed by any federal, state, or foreign authority which Trinity Logistics may be required to pay or collect, upon or with reference to sale, purchase, transportation, delivery, storage, use or consumption of products hereunder to buyer, including taxes upon or measured by the receipts there from (except net income and equity franchise taxes), shall be for the account of and be paid by buyer.
- In the event of any delay or failure in Trinity Logistics' performance due to any act of God, fire, explosion, strike of any difference with workmen, shortage of utilities, facility, materials of labor, delay in transportation, substantial increase in costs to Trinity Logistics, breakdown or accident, compliance with or other action taken to carry out the intent or purpose of any law or regulation, or any cause beyond Trinity Logistics' reasonable control, Trinity Logistics shall have such additional time with which to perform as may be reasonably necessary under the circumstances and the right to apportion its available inventory of products among its customers in such a manner as it may consider to be equitable. Such event or events shall not result in any liability of Trinity Logistics to buyer.
- All products furnished hereunder shall be subject to Trinity Logistics' standard practices, including, but not limited to variations of shipments of 10% from quantity ordered.
- Trinity Logistics Limited Warranty: Trinity Logistics warrants that the products furnished shall substantially conform to the relevant industry standards as represented in Trinity Logistics' sales literature current at the time of the original sale by Trinity Logistics. The foregoing warranties shall not apply if the products have been subject to abuse, misuse, negligence, accident, reuse, or modification. However, no warranty of suitability for any particular purpose, nor any representation of warranty, whether express or implied, is made respecting said products or the production thereof, and in no event shall Trinity Logistics be liable for damages, including but not limited to incidental, special, consequential, or other damages arising out of or in connection with the uses of the products even if Trinity Logistics has been advised of the possibility of any such damages.
- Trinity Logistics will replace, at the delivery point specified on the face hereof, any product furnished hereunder that is found to be defective or otherwise fails to conform, or at Trinity Logistics' option, it will repay the price paid for such product, plus any transportation charges paid by the buyer. Claims must be made within 30 days following delivery of the product to buyer and Trinity Logistics must be given a reasonable opportunity to investigate. No products are to be returned to Trinity Logistics without its prior written approval as set forth in item #3. Trinity Logistics accepts no liability for charges for sorting or rework performed by or for the buyer without prior written permission of Trinity Logistics. Buyer's exclusive remedy for the failure of Trinity Logistics to furnish conforming products or to any warranty is expressly limited to the replacement or repayment as provided for above and Trinity Logistics shall not be liable to buyer or anyone else for any other claims or damages, whether direct or indirect, consequential, or incidental. Trinity Logistics' liability for any other breach of this contract shall be limited to the difference between the delivered price and the market prices of such goods at buyer's destination at the time of such breach.
- No terms or conditions other than those stated herein, whether contained in buyer's purchase order, shipping release, or other document, and no written or oral agreement that purports to vary these terms and conditions shall be binding upon Trinity Logistics. All representations, negotiations, and proposals made prior to the date of this order/quotation are merged herewith. Any waiver by Trinity Logistics of any breach of these terms and conditions shall not be construed as a waiver of any other breach.
- Default and collections costs: The buyer will be in default by failing to comply with any terms of this agreement or failing to meet obligations when due. If in default, the buyer will be liable for collection costs including any reasonable attorney's fees plus the costs and expenses of any legal action.
- All part numbers are for reference purposes only and do not imply technical compliance.
- Container quantities listed in Trinity Logistics' literature are for reference purposes only. Actual quantities may differ and should be confirmed at the time of order placement. Specific container quantities and/or special packaging required by the buyer may incur a packaging/handling charge and shall be quoted upon request.
- Unless otherwise agreed upon in writing by both Trinity Logistics and the purchaser, all electroplated products are furnished in accordance with commercial practices for electroplate processing and are not represented or held out as meeting specific consensus, government, original equipment, or any other coating standards. All thread-gauging requirements are applicable prior to plating/coating. After plating/coating, thread-gauging requirements must be agreed upon in writing by both Trinity Logistics and the purchaser prior to quotation or supply of the product.
- All shipments via United Parcel Service (U.P.S.) will incur an insurance fee.
- Quoted Estimated Annual Usage quantity (EAU) and/or any resulting quantities from Minimum Fabrication Commitments are to be released for shipment within twelve months from the date of quotation acceptance