Columbia MFG, LLC
General Terms and Conditions
All prices are subject to change without notice, and orders will be billed at prices in effect at the time of shipment.
Terms are net 30 days for domestic accounts and export letter of credit for foreign accounts and/or all goods intended for final destination outside of the United States. No cash discounts.
$100.00 net on all orders.
FOB factory with freight prepaid and billed; unless specific written quotation from Columbia Manufacturing indicates prepaid and allowed terms, in which case, FOB terms will be at factory, will full freight allowed to destination.
All prices quoted are exclusive of any federal, state, or municipal sales, excise, or other taxes which the Seller may be required to collect by law. Such taxes will be added to the invoice.
All orders accepted are considered to be firm commitments on the part of the Buyer, Cancellation of an order or individual items of non-stocked material will be allowed only when the Buyer pays cancellation charges based on all reasonable charges incurred by the Seller at the time of request for cancellation.
Return of material authorized must be obtained in writing from Seller. Any material regularly stocked and in saleable condition will be accepted for credit. Out-bound freight, return freight, and a 20% minimum restocking charge will be deducted from the credit.
Loss, Damage or Delay
Shipping dates are approximate and Seller will take all reasonable action to maintain those dates. Seller shall not be liable for failure to perform or for delay in performance, if such failure or delay is directly or indirectly caused by, or in any manner arise from fire, flood, strike or other labor difficulty, act of any Government authority, or the necessary labor, fuel, power, materials or supplies, manufacturing facilities of components manufactured by others, or due to any cause beyond its control. In the event of delay in performance from any such cause, the date of delivery or time of completion will be postponed by such length of time as may be reasonably necessary to compensate for the delay.
LIMITED ONE YEAR WARRANTY—Seller warrants that all products sold by it will be free of defects in material and workmanship under normal use and service for a period of one (1) year after the date of shipment by Seller. Seller’s obligation under the warranty is limited to repair or replacing, as is option, and goods, which upon inspection by Seller shall disclose to Seller’s satisfaction to have been defective in material or workmanship, excluding however, expenses associated with removal/reinstallation of the products, such as transportation, lablr and the like.
EXCEPT AS EXPRESSLY STATED HEREIN, SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AS THE MERCHANT LIABILITY OR AS TO FITNESS OF THE GOODS FOR A PARTICULAR USE OR PURPOSE AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, DIRECTLY OR INDIRECTLY, ARISING FROM THE USE OF SUCH GOODS OR FOR CONSEQUENTIAL DAMAGES.
Limits to Liability
Seller shall not be liable for and buyer assumes responsibility for incidental damages or for special or consequential damages, such as, but not limited to, damage resulting from handling, possession or use of the goods by Buyer, damage to or loss of other equipment, loss of profits or revenue, cost of substituted products, or any labor expended by Buyer on any defective goods. The liability of Seller arising out the supply of any goods, or their use, whether on warranties or claim of negligence or otherwise, shall not in any case exceed the price paid by Buyer for such products.
©2004 SouthWestern Association. All Rights reserved. Legal Notice
This page revised 11/24/08