Colorado Eco Coatings
products are sold through a nationwide network of wholesale electrical/industrial
distributors, as well as through our corporate e-commerce website: www.coloradoecocoatings.com
ACCEPTANCE
OF ORDER; TERMINATION: Acceptance of any order is subject to credit approval and acceptance
of order by Seller and Seller's suppliers. If Buyer's credit becomes unsatisfactory
to Seller, Seller reserves the right to terminate upon notice to Buyer and
without liability to Seller.
CANCELLATION:An order once placed and accepted by us can ONLY be cancelled with our
express written consent and upon terms that will indemnify the company. Orders
for “SPECIALS”, or standard goods in
quantities larger than normal inventory, may NOT be cancelled once the
order is placed in to production.
SPECIALS:Colorado
Eco Coatings welcomes the opportunity to quote on your “Special”/”Custom”
product requirements. ALL Purchase Orders
received for non-catalog items areNON-CANCELABLE/NON-RETURNABLE
(NCNR).
PRICES AND SHIPMENTS: Unless otherwise
quoted, prices shall be those in effect at time of shipment which shall be made
F.O.B. shipping point(FOB/SP).
ERRORS:Any/All
clerical errors are subject to correction by Colorado Eco Coatings.
LOSS OR DAMAGE IN TRANSIT:Our responsibility ceases with delivery to the carrier, at which time
title passes to the purchaser and all claims for loss, damage or delay must be
made to the carrier by the purchaser (FOB: Shipping Point).
SHORTAGES:Claims
for shortages must be made in writing (fax or e-mail) to the Colorado Eco
Coatings home office within 2 working days (48 Hours) after receipt of the products.
PAYMENT TERMS: All net invoices are due on receipt. As a condition of the sales
agreement, a monthly service charge of the lesser of 1‑1/2% or the maximum
permitted by law may be added to all accounts not paid by net due date. Visa, MasterCard
and American Express credit cards are accepted for payment at the point of
sale.
MINIMUM BILLING:One hundred dollars (US $100.00) Net plus applicable transportation charges.
RETURN POLICY:NO goods may be returned without first
obtaining our express written permission. Goods that arrive without permission
will be refused and returned to the shipper. Credit will be
allowed for goods returned ONLY with prior approval. A deduction will be made from credits issued
to cover our cost of handling. All
Returned Goods must be in ORIGINAL PACKAGING and in “AS NEW” condition.Only standard catalog items will be considered for return.Items must be of current design and in
resalable condition, which were shipped not more than one year prior to date of
return request. Return shipment must be on a prepaid freight basis. Only a
credit memo can be issued for return goods and this memo will be subject to a
deduction for outgoing freight similar to that of the return cost, a 25%
restocking charge.
TAXES: Unless otherwise noted,
prices shown do NOT include sales or other taxes imposed on the sale of goods.
Taxes now or hereafter imposed upon sales or shipments will be added to the
purchase price and to the invoice. Buyer agrees to reimburse Seller for any
such tax or to provide Seller with
acceptable tax exemption certificate.
DELAY
IN DELIVERY: Seller is not to be accountable for delays in delivery occasioned by
acts of God or other circumstances over which Seller has no direct control.
Factory shipment or delivery dates are the best estimates of our suppliers and
in no case shall Seller be liable for any consequential or special damages
arising from any delay in delivery.
WARRANTIES: Seller warrants that all
goods sold are free of any security interest and will make available to Buyer
all transferable warranties made to Seller by the manufacturer of the goods.
SELLER MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, AND SPECIFICALLY MAKES NO
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE. UNLESS OTHERWISE
AGREED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF SELLER, PRODUCTS SOLD
HEREUNDER ARE NOT INTENDED FOR USE IN OR IN CONNECTION WITH A NUCLEAR FACILITY.
PRODUCT WARRANTY: Colorado Eco Coatings warrants that its
products shall be free from defects in material and workmanship for a period of
one year from date of shipment from its
plants. If after our inspection a defect is revealed, Colorado Eco Coatings
will not be held responsible for: (1) any amount beyond the original price of
the product, (2) Or for any unauthorized repair. This warranty shall not apply
to any product that shows evidence of neglect, misuse or mis-installation. This warranty is and shall be in lieu of ALL
other warranties, either expressed or implied.
LIMITATION
OF LIABILITY ‑ Buyer's remedies under this agreement are subject to any
limitations contained in manufacturer's terms and conditions to Seller, a copy
of which will be furnished upon written request. Furthermore Seller's liability
shall be limited to either repair or replacement of the goods or refund of the
purchase price all at Seller's option, and in no case shall Seller be liable
for incidental or consequential damage. In addition, claims for shortages,
other than loss in transit, must be made in writing not more than five (5) days
after receipt of shipment.
WAIVER ‑ The failure of Seller
to insist upon the performance of any of the terms or conditions of this
contract or to exercise any right hereunder shall not be deemed to be a waiver
of such terms, conditions or rights in the future, nor shall it be deemed to be
a waiver of any other term, condition, or right under this contract.
MODIFICATION
OF TERMS AND CONDITIONS ‑ NO terms and conditions other than those
stated herein, and no agreement or understanding, in any way purporting to
modify these terms or conditions, shall be binding on Seller without Seller's prior written consent.
