F.O.B. Point: Unless otherwise specified, all shipments are F.O.B.
DAMAGED GOODS: Since all shipments are F.O.B., shortages or damages in transit are the responsibility of the carrier. All claims should be made against the carrier by the consignee.
SHORTAGE CLAIMS: All claims against FIT are to be reported within seven (7) days of receipt of shipment.
CANCELLATIONS: Orders are not subject to cancellations or rescheduling without our consent. All special orders are filled with a written purchase order from buyer. The production, shipments, or delivery of special orders cannot be cancelled or delayed by buyer, and special orders cannot be returned without seller's prior written authorization. Any special order that is cancelled or returned is subject to, in addition to, all other terms or conditions that seller may specify, including up to a 20% cancellation fee. Orders for special goods are also subject to buyer's acceptance of, and payment for, production overruns and under runs, which will be within 20% of the ordered quantity. In the event of an under run, seller shall not be obligated to fill the balance of the order, and buyer shall have no claim against seller as a result.
RIGHT OF POSSESSION: In the event that a buyer's credit becomes an issue and/or a buyer defaults in payment of goods, at all times, the seller shall have the right to withhold shipments, recall goods in transit, repossess goods, and/or store goods that are in transit. All fees will be at the buyer's expense. The foregoing shall not in any manner limit or be in lieu of seller's other legal and equitable rights and remedies under the Uniform Commercial Code.
RETURNS: No returns will be accepted without FIT's assignment of a return goods authorization number, and all returns will be subject to a 20% restocking fee. Unauthorized returns will not be credited, and will be returned to buyer collect.
DELIVERY: All acknowledgement delivery dates are subject to strikes, fires, accidents, and other contingencies beyond FIT's control. It is FIT's sincere desire to deliver product within the acknowledgement delivery date, but makes no guarantee to do so.
PAYMENT OF INVOICE: Payment of invoices is to be made within thirty (30) days of invoice date for accounts with approved credit. Other accounts should be on a C.O.D. basis. A late payment charge of 2% per month is due on all overdue amounts.
MINIMUM ORDERS: Our minimum order is $100.00. Purchases less than $100.00 will be subject to a 20% price increase.
PRICES: All prices are subject to change without prior notice. We reserve the right to correct printing errors and limit quantities.
LIMITATION OF ACTIONS: Any action against seller shall be commenced within one year after the course of action has occurred. Failure of buyer to commence action within such period shall constitute a waiver and release thereof, and buyer shall have no further cause of action against seller for such breach.
LIMITED WARRANTY: Seller's products are warranted to be free from defects in materials and workmanship. Seller's obligation under this warranty is limited only to replacing any product that is proven to be defective within one year of purchase, provided that the products are delivered to any FIT branch, transportation prepaid. All returned product is subject to inspection by FIT. Once verification has been made that the product was properly handled, mounted, lubricated, and not subject to abuse, appropriate action will be taken. FIT shall not be liable for any special, indirect, or consequential damages. The liabilities set forth herein are exclusive, and the liability of the company with respect to any contract, sale, or anything done in connection therewith, shall not exceed the price of the product for which such liability is based. This warranty is in lieu of all other warranties, expressed or implied, of merchantability or fitness, for any particular purpose.
LABOR CHARGES: Unauthorized labor charges will not be honored. Any incidental labor required must receive preauthorization. |
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