1. Agreement. All sales made by Conner Industries, Inc. (the “Seller”) shall be ruled by the associated quote with these standard terms and conditions unless specifically stated on the quote. Unless otherwise stated on the accepted customer purchase order or the quote, these standard terms and conditions will apply.
2. Payment. Standard terms are Net 30 days, subject to credit approval. Accounts are due and payable in accordance with stated invoice terms and any late payments may be subject to a reasonable interest charge. Electronic payments are preferred and Conner will not consider payment by check as current until the funds from these checks have been received. Any provisions or changes to Seller’s payment terms must be agreed to and verified in writing by Seller and Buyer.
3. Delivery. All sales shall be F.O.B. Seller’s location unless otherwise stated in the written Purchase Order or Contract. Risk of loss and title to the Materials shall pass upon delivery of the Materials to the carrier. All costs of transportation shall be the responsibility of the Buyer, whether or not prepaid by Seller, unless otherwise specified. Buyer must file all claims for loss or damage in transit against the carrier.
4. Guarantees. Unless otherwise specified by Buyer in a written purchase order or contract and accepted by Seller in writing, Seller offers no guarantee on dimension, quality or defects in products or materials. Seller utilizes all grades and species of raw material, specifically wood, which are not governed by industry-recognized rules or standards. Due to the inherent moisture content in wood products or materials, they may show presence of mold, mildew, dust, debris or pests. Additionally, Seller makes no guarantees on the absence of inherent wood defects such as warp, twist, bow, crook, knot structure, splits, cracks or grain orientation unless otherwise specified by Buyer in a written purchase order or contract and accepted by Seller in writing.
5. Claims. Any and all claims for products or materials with defects must be specified in writing to Seller within two (2) business days after its delivery. The claim shall include the date of delivery, carrier’s name and driver’s name, description of the products or materials, description and number of the products or materials and specific claim of Buyer on the products or materials. Failure of Buyer to make a claim within two business days of delivery constitutes acceptance of the products or materials.
6. Warranties. Seller offers no warranties on products or materials.
7. Returns. All returns require a Return Material Authorization (RMA) number from Conner Industries. RMA requests must be submitted with a written customer claim within 24 hours of receipt of the product. All returns are subject to a 15% restocking fee and freight to return at the Buyer’s expense and at the Seller’s discretion.
8. Force Majeure. Seller will not be liable for failure or delay in performance of its obligations under this Agreement to the extent such failure or delay is caused, directly or indirectly, by an act of God, act of a public enemy, war or national emergency, riot, epidemic, quarantine restriction, fire, flood, explosion, storm, earthquake, other catastrophes, terrorist attack, labor dispute or disruption, shortage of labor, fuel, power, materials, or supplies, failure of Seller’s suppliers or subcontractors to make on-time deliveries, transportation delays, or any other cause or event beyond the reasonable control of Seller.
9. Modifications. Any modifications to a purchase order, to be valid, must be in writing and signed by the Buyer representative.
10. Insurance. Seller agrees to furnish acceptable certificate evidencing adequate worker’s compensation, public liability, product liability and property damage insurance coverage when requested by Buyer.