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Terms Of Sale
PRICES:  Any
prices that may be found on our website or other material distributed by us are
for general reference only and subject to change or correction without notice
and are, therefore, not offered by us as quotations. When definite quotations
are necessary, please call, write or consult our sales representative or
customer service department.
ORDERS: All
orders are subject to our acceptance as well as availability of product. When
ordering, please give the quantity, catalog number, brand name and description
of the product required. In the absence of specific instructions from you, we
shall use our best judgment in selecting a means of routing. Unless otherwise
quoted, the customer will be responsible for delivery costs.
SHIPMENTS & CLAIMS: Goods
are sold FOB shipping point unless otherwise specifically stated by us. The
buyer must note any shortages or damages on the delivery receipt, and then
request the delivering carrier to make an inspection. A claim must be filed on
the carrier without delay. Claims for concealed loss or damage must also be
handled immediately upon discovery. While we do not assume any responsibility
for such claims, we will provide reasonable assistance to help you bring about
settlement with the transportation company.
PAYMENT TERMS: Shipments
will be made in accordance with our standard payment terms to customers who have
established credit. Our standard payment terms are separately published and are
available upon request. (Links to our terms documents are at the bottom of
this page). Should you desire to open an account, please call and request a
credit application or click here
to download an application now. We reserve the right to refuse credit.
WARRANTIES: Most
of the products we sell are brand new and obtained directly from the
manufacturer. On occasion and generally at the customer’s request or when a
needed product is no longer manufactured, we may sell a product that is used and
possibly reconditioned, remanufactured or refurbished. Moreover:
When we sell brand new product, we warrant that the
goods sold are free of any security interest or other lien and will in addition
make available to you all transferable warranties made to us by the
manufacturers of the goods. Allen makes no other express or implied warranties
and specifically makes no implied warranties of merchantability or fitness for
purpose.
When we sell used product, we will advise the
customer of this in both our quotation and invoice. We will warrant that the
goods sold are free of any security interest or other lien. We will not make any
representation as to the availability of any manufacturer’s or third party
warranty. In the event our vendor (the used product purveyor/refurbisher) offers
a transferable warranty, we will make that warranty available to you. Your
purchase of used product shall be at your own risk. Allen makes no other express
or implied warranties and specifically makes no implied warranties of
merchantability or fitness for purpose.
LIMITATION OF LIABILITY:
Allen's liability shall be limited to either
the replacement of the goods or refund of the purchase price and in no case
shall Allen be liable for incidental or consequential damages.
RETURNED GOODS: Material
may not be returned without our prior authorization. Where we give return
shipping instructions, they should be carefully followed. We reserve the right
to refuse unauthorized returns, to assess restocking charges as well as inbound
and outbound freight charges, and to refuse credit totally depending upon
circumstances.
CANCELLATIONS: Cancellation
of orders for non-stock or special order product may result in cancellation
charges. Some factories may impose as much as a 100% cancellation charge
depending upon the circumstances.
RESPONSIBILITY: Product
information contained on this website or in our catalog is derived from
publications of the product manufacturers. This information is necessarily based
upon approved code installation and use under proper working conditions. We
assume no responsibility by reproducing such information, and in no way do we
give a guarantee, expressed or implied, on any product.
PRE-PRINTED TERMS:
We do not automatically agree to terms and conditions pre-printed on your
purchase order. If an acknowledgement of your Purchase Order is signed and
returned by one of our employees, the acknowledgement is limited to the bill of
material. Terms and conditions can only be modified in writing and by an officer
of the company.
FORCE MAJEURE: The Company shall not be
liable for loss or damage caused by any delay or failure to perform resulting in
whole or in part from Acts of God, severe weather conditions, labor disruptions,
governmental decrees or controls, insurrections, war, risks, shortages,
inability to procure or ship product, inability to obtain permits and licenses,
insolvency or other inability to perform by the manufacturer, delay in
transportation, any other commercial impracticability and or any circumstances
beyond the control of the Company in its business operations.
ARBITRATION: Any dispute other than a collection
matter regarding interpretation or enforcement of any of the parties' rights or
obligations under any transactions between the buyer and Allen Electric Supply
Co shall be resolved by binding arbitration according to the rules of the
American Arbitration Association in the County of Wayne, State of Michigan. The
parties irrevocably submit to personal jurisdiction of any State court in the
County of Wayne or the United States District Court for the Eastern District of
Michigan, in any action or other legal proceeding to enforce any award made by
the arbitrators. The arbitrators may award attorneys fees to the prevailing
party in any arbitration proceeding. All costs and expenses of the arbitration,
including actual attorney's fees, shall be allocated among the parties according
to the arbitrator's discretion. The arbitrator's award may be confirmed and
entered as a final judgment in the courts noted above and enforced in accordance
with the arbitration statutes of the State of Michigan. Proceeding to
arbitration and obtaining an award there under shall be a condition precedent to
the bringing or maintaining of any action in any court with respect to any
dispute arising under such transactions.
GOVERNING LAW: All transactions
between the customer and Allen Electric Supply Co. shall be governed by and
construed in accordance with the internal laws of the State of Michigan
applicable to agreements made and to be performed entirely within that State,
without regard to the conflicts of laws principles of Michigan.
QUOTATIONS: The following additional
terms and conditions are hereby made a part of all quotations issued by us:
- This quotation covers only the items and
quantities listed
and is based upon our interpretation of the plans and specifications. We do not warrant the accuracy of quantity
counts or the bill of materials.
- The shipping dates contained herein are
approximate and are not within our control. Although we will work with
our vendors in an attempt to meet these delivery dates, we assume no liability
for delivery delays of any kind.
- Any quantity, specification, architectural or
engineering changes will subject this quotation to revision.
- (a) For Wire, Cable, Cord, Conduit, Strut and Raceway
Products: This quotation is firm only for immediate acceptance and
delivery unless otherwise specified.
(b) For Other Products: Unless otherwise specified,
this quotation is firm for acceptance only within 30 days from date hereof,
provided the material is to be released within 90 days from date hereof.
Hold-for-release orders may be subject to price increases.
- This quotation does not include any applicable
taxes.
- On releases of accessories such as anchor
bolts and plaster rings and on partial releases of material that do not meet
the manufacturer’s minimum requirements for freight allowance, freight costs
will be charged to the customer.
- All items are quoted FOB shipping point,
freight prepaid & charged, unless otherwise stated.
- Your order will be subject to credit approval
at the time it is received by us.
- Our Standard Payment Terms apply.
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