TERMS OF SALE
Revise date 09.01.2022
Credit Line – Orders won’t be released for customers over their prescribed credit line. Credit line subject to change w/o notification.
Deductions and Short Pays – All deductions taken by account customers without written authorization from SELLER will be considered an “Unpaid Balance” and treated consistent with SELLER credit policy.
Deposit – Non-account customers must pay for 100% of purchased materials at the time of order.
Discounts – Accounts may only be used by the named individual or authorized employees of the Account Customer. Sales Management will make all future pricing decisions for customers on a case-by-case basis.
Pricing – As of 9/1/2022, all quotes are subject to updated pricing, lead times, and availability if the order is not placed within 30 days of the most recent dated quote. Contact your sales representative for updated pricing before placing an order. This includes all NET 30 and Cash Accounts.
Purchase Order – Sales over $5,000 require a signed purchase order or signed order acknowledgment. Digital acknowledgment is accepted.
Taxes – Buyer shall pay sales, use, consumption, storage, or other taxes unless a proper exemption form is provided.
Terms – All terms are Net 30 for account customers. “Paid when Paid” and “Paid if Paid” are not acceptable terms of sale.
Service Charge – Any invoice older than 30 days and paid via credit card will incur a 2% processing fee. All invoices 60 days past due are subject to a 2.0% monthly charge. Finance charges will not be waived.
Financial Obligation – If a customer fails to make payments in conjunction with the invoice terms, the SELLER will place customer orders on credit hold. Customers will not be able to take delivery of goods under any circumstance if they are on hold until they pay current. Credit privileges and contractor discounts may be revoked if abused.
Stock Material – Stock material may be returned within thirty (30) days of shipment in quantities no less than the original unit of measure. Only saleable material will be returned for credit. Refunds will be processed within one week of return and will be in the same form as the original payment. The greater of a 20% restocking fee or $250 will be charged on all stock items picked up at the job site. Bagged, powder-based products; liquid products; and pre-mixed grouts are non-returnable.
Special Order or Fabricated Material – Special order items and fabricated items are non-cancellable/ non-returnable, once the item(s) has been ordered from the manufacturer or fabricated by SELLER. The customer is obligated to pay invoice within the terms as stated.
Installation is acceptance – Please inspect all SELLER products for color and acceptability prior to installation. All products have shade variations. If you are not the end user of these products, please have your customer approve ALL material prior to starting ANY installation.
Installation – Products installed by SELLER generally carry a one (1) year warranty on installation. After 90 days, this warranty does not cover garage door force adjustments, eyebeam sensor adjustments, and reprogramming of remotes and keyless entry. Please refer to the owner’s manual.
Void – Manufacturing and installation warranties are void if the damage is caused by improper cleaning of products or by installation counter to industry / manufacturer’s guidelines.
Limitation of Indemnification – SELLER agrees to indemnify customers for an amount not to exceed the cost of materials purchased.
DELIVERY / WILL ADVISE / PRE-PULLS
Title to Goods – All goods shall be delivered to Buyer, Ex-Works Seller’s point at Seller’s dock [Incoterms 2010]. All freight, handling and similar charges or costs incurred in connection with the delivery shall be borne by Buyer. Title to the goods (and risk of loss) shall pass to Buyer upon Seller’s delivery of goods to the carrier.
Product Lead Time – Product availability estimates for special order material are “as advised” on the Quote, however, actual delivery times may vary. SELLER is not affiliated with freight forwarders, freight companies, US Customs or local delivery freight companies. SELLER does not recommend scheduling installation until your material reaches SELLER’s warehouse. SELLER cannot take responsibility for logistics delays nor are delays grounds for order cancellation.
Freight Claims – All claims for shipping loss or damage are the customer’s responsibility. SELLER will render customer reasonable assistance in tendering such claims to the carrier so long as those claims are made within one (1) business day of receipt of goods. Claims for freight damage must have been signed for as “damaged”.
Requirement Date – SELLER will deliver / install goods based on the customers’ ORIGINAL required, on-site “Requirement Date”. Freight charges resulting from non-delivery at the customer site FOR ANY REASON will be charged to the customer as well as all re-delivery charges. Changes to Requirement Dates must be made two (2) business days before the Current Requirement date. “Will-advise” orders will be shipped no sooner than five (5) business days after SELLER has been provided a Requirement Date.
Delivery – Job site delivery is limited to pallet drop-off curb-side.
Stock Material – Stock material not picked up within sixty (60) days of your date of order, may be reallocated to other customers.
Special Order or Fabricated Material –All material will be subject to a 5% storage fee if not picked up or delivered within 60 days of receipt to Hamilton Parker. An additional 5% storage fee will be added for every 30 days the material is not picked up or delivered. Commercial projects that involve signed contracts will be subject to updated pricing, lead times, and availability if the contract is not signed by all parties within 30 days of the quote. Hamilton Parker will strive to hold pricing whenever possible. All multiyear/multiphase project quotes will be subject to pricing updates unless all materials are purchased at the time of the initial quote. If pre-purchase is an option, storage fees will apply. At ninety (90) days past SELLER’s receipt date, the material will be considered ABANDONED. The customer will still be obligated to pay for the material. SELLER will dispose of the material in the most efficient manner possible – any proceeds received from the sale of ABANDONED property WILL NOT ACCRUE TO THE BENEFIT OF THE CUSTOMER.