Payment terms on all Fulham Co, Inc. (“HR Industry ”) shipped products and services to the applicable customer (“Customer”) are “Net 30 days” from date of invoice, unless otherwise expressly agreed in writing by HR Industry . All other orders must be paid in advance either by credit card or wire transfer. Past due invoices are subject to a 1.5% late fee per month. A $25 service fee will apply to all returned checks.
HR Industry reserves the right to optimize packaging at HR Industry ’s discretion. Some products may only be available in bulk package multiples or case quantities.
Prices are subject to change without notice. In the event of a price increase, all accepted orders on hand will be filled at the lower prices provided such orders are released for shipping prior to the effective date of the price increase. If the orders are not released for shipment prior to the price increase date, the orders will be billed at prices in effect at the time of shipment. Special quoted orders that cannot be released for shipping prior to the price increase may be subject to an increase in price.
Distributors who advertise, promote, and/or sell HR Industry products on their own or via an independent web site are subject to HR Industry’s IMAP pricing policy.
Distributors: No merchandise may be returned without prior written authorization from Customer Service. All returns must be shipped prepaid to the location designated on the return authorization. Credit will be issued based on the original invoice price or price in effect at time of return, whichever is lower, less a minimum restocking charge of 25%.
Products may not be returned if they are made to order, non-stock, special, custom, semi-custom, modified, obsolete or discontinued. Additionally, products held by Distribution Customers for more than 12 months, or if they have been installed, damaged, altered, or modified in the field may not be returned. There are no returns for OEM customers.
ORDER CANCELLATION OR MODIFICATION
Orders for stocked items may be cancelled prior to shipment without charge. All other orders may not be cancelled unless HR Industry is reimbursed by Customer for work already performed and/or for special material purchased. Changes or modifications to a blanket order are not allowed unless the Customer obtains pre-approval from Customer Service.
HR Industry warrants all products sold to be free from defect in manufacturing, under normal and proper storage, installation, and use. The full terms of the HR Industry Limited Warranty are updated periodically and published on HR Industry’s website at https://www.hrindustry.net/wp-admin/ under Warranty Center.
LIMITATION OF LIABILITY
The then-current HR Industry Limited Warranty provides the Customer’s sole and exclusive remedy relating to HR Industry products. The total liability of HR Industry on any and all claims of any kind, whether in contract, warranty, tort (including negligence), strict liability or otherwise, arising out of or in connection with, or resulting from, HR Industry’s performance or breach of the foregoing limited warranty or from HR Industry’s sale, delivery, repair, or replacement of any products, or the furnishing of any services, shall in no event exceed the purchase price allocable to the specific product which gives rise to the claim, and any and all such liability shall terminate upon the expiration of the limited warranty set forth above
Should any part, term or provision of this Agreement be declared by a court, or other tribunal, of competent jurisdiction to be invalid, void, or unenforceable at law or in equity, it is the express intention of the parties hereto that such part, term, or provision shall be construed in such manner as to provide for the enforcement thereof to the maximum extent and in the broadest scope permitted under law, and all remaining parts, terms and provisions hereof shall remain in full force and effect and shall in no way be invalidated, impaired, or affected thereby.
Except as expressly agreed in writing and signed by a corporate officer of HR Industry, the terms and conditions stated above shall constitute the entire sales agreement between HR Industry and the Customer. Any contrary or additional terms or conditions submitted by the Customer (other than the description of the products being ordered and the requested quantities, shipping date, and shipping location contained in Customer’s purchase order) shall be deemed to be of no force or effect and are hereby rejected.