Terms and Conditions of Sale

Definitions:

Buyer: Entity that purchases goods and/or services be it a contractor, building owner or other.
Seller: Entity to whom Buyer’s purchase order for goods and/or services is issued to.
Manufacturer: Entity that manufactures goods and/or provides services.

Acceptance of a quotation by the Buyer is also acceptance of all H&V Equipment Sales, Inc. Terms and Conditions of Sale set forth herein. The quotation provided shall be signed and dated by the Buyer where applicable and returned to Seller as proof acceptance. The processing of the order will commence only upon receipt of the signed accepted quotation.

All quotations, unless otherwise specified, are subject to acceptance by Buyer within thirty (30) days from date of quotation and are subject to Seller’s approval of Buyer’s credit. Prices quoted by Seller on products manufactured by Seller, or manufactured by others and resold by Seller, are subject to change without notice. Prices quoted by Seller to Buyer based on raw materials, components, or other goods purchased by Seller, are subject to adjustment by the same percentage of price increases between those in effect through Seller’s suppliers on (A) the date of quotation, and (B) the date of shipment.

Seller shall not be responsible for any lead times, unless such leads times are specifically stated on an official H&V Equipment Sales quotation. It is the Buyer’s sole responsibility to request lead times. Stated lead times are approximations and are based on information provided by the Manufacturer and are subject to change at any time.

Submittals will be provided only after Purchaser’s purchase order is received by Seller.

All goods that require submittal approval will only be released for manufacturing upon the receipt of written approval and authorization from the Buyer. All goods that require submittal approval prior to releasing for manufacturing will be ordered exactly as shown in the approved submittal unless specifically instructed otherwise in writing by the Buyer.

Terms of payment are payment in full within thirty (30) days of invoice date unless otherwise authorized in writing by Seller. Progress payments are invoiced by Seller upon (1) approval of submittals, (2) ordering of materials, (3) commencement of manufacturing, and (4) completion of manufacturing all or any part of Buyer’s order. All past due accounts will be subject to a service charge of one and one-half percent (1-1/2%) per month (or, the maximum rate permitted by applicable law) on the open balance until the account is satisfied and paid in full. If a past due account is placed with an attorney for handling, then Buyer shall be responsible for Seller’s reasonable attorney’s fees, costs, disbursements and expenses. The Seller reserves the right to place the Buyer’s account on hold and/or cancel or hold present, future or pending orders because of overdue balances.

Delivery shall be made to the “ship to” address specified on the Buyer’s purchase order. Any changes to the delivery address by the Buyer shall be in writing and are subject to re-consignment fees if charged by the Manufacturer or transportation company. Seller shall have the right to deliver any portion of the goods and to invoice Buyer for the same. All goods are shipped F.O.B. factory at Buyer’s risk. Any claims for damage or shortage in transit when goods are shipped by common carrier must be filed by Buyer against the carrier. Claims for factory damages or shortages are waived by Buyer unless made in writing to Seller within two (2) business days after receipt of goods and accompanied by reference to Seller’s bill of lading and factory order numbers. Any delivery dates or times which may be specified are estimates only and are not guaranteed. Seller shall not be responsible for any delay or failure to meet a shipment date caused by circumstances beyond the reasonable control of Seller or others, including but not limited to, acts of God, riots, strikes, accidents, lack of transportation, or shortages of fuel, power, labor or equipment. Buyer agrees to pay for the goods notwithstanding the fact that Buyer may be unable to receive or provide suitable storage space for any partial delivery. If stored by Seller, Buyer agrees to pay storage charges to Seller as an extra.

Buyer shall not be entitled to any discounts or price adjustments, unless specifically stated on an official H&V Equipment Sales quotation. It is the Buyer’s sole responsibility to request discounts in writing and obtain proper authorization. Seller offers no standard discounts of any kind.

Seller does not provide or endorse any warranties. All Manufacturer warranties are subject to the terms and conditions of the specific Manufacturer.

The request to return manufactured goods by the Buyer will be subject to the Manufacture’s approval and considered on a case-by-case basis. No goods shall be returned to the Manufacturer without approval and anRMA being sent to the Buyer.

Cancellation of orders by Buyer may be subject to a cancellation charge by the Seller or Manufacturer. This will be determined on a case-by-case basis. Any request to cancel a complete or partial order shall be submitted in writing by the Buyer.

Change order requests shall be in writing from the Buyer. Charges associated with change orders will need to be approved by the Buyer and will be charged to the Buyer.