TERMS AND CONDITIONS OF SALE
Revised January 1, 2015
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
These terms and conditions apply to the purchase and sale of products from Amthor International, Inc. (referred to as “us” or “we” or “our”) by any and all purchasers, buyers or customers (referred to as “you” or “your”). By placing an order for such products, you agree to be bound by and accept these terms and conditions. These terms and conditions are subject to change by us in writing, and without prior written notice at any time, in our sole discretion. These terms and conditions are an integral part of any quote, purchase order and sale, or invoice that we produce.
1. Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged or any deposit has been made.
You may cancel or delay deliveries only upon the condition that you shall assume immediate liability for all costs and expenses incurred by us until written notice of cancellation is actually received by us, including but not limited to the cost of all materials purchased, commitments made, tooling performed, and parts completed. Such charges are due by you immediately upon demand by us.
2. Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing.
Shipments, deliveries and performance of work shall at all times be subject to the approval of our Credit Department and may be payable on net thirty (30)-day terms or such other terms as we may approve or require. We may at any time decline to make any shipment or delivery or perform any work except upon receipt of payment or upon terms and conditions or security satisfactory to us.
All large items, such as but not limited to, tank sales, repairs, truck chassis and/or a complete tank must be paid in full before it leaves our factory unless other arrangements were made by Amthor management.
We accept most major credit cards for some but not all purchases. You represent and warrant that (a) the credit card information you supply to us is true, correct and complete, (b) charges incurred by you will be honored by your credit card company, and (c) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the rate of one-percent (1.5%) per month. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid. Buyer shall reimburse us for all costs of collection, including attorney’s fees.
Charges for shipping and handling will be made in accordance with our then current shipping policies, as described below.
3. Changes in Products and Pricing
Prices are subject to change without notice. Billing will be made at prices in effect at time of shipment. We may discontinue products
at any time without notice.
4. Shipping Policy
All shipments are F.O.B. Gretna, VA.
We will use your routing and carrier selection where reasonably possible. When routing or carrier is not specified by you or your specifications cannot be reasonably followed, we will route and select a carrier. Risk of loss passes to you upon delivery to the carrier.
You must file any claim for damages in transit with the carrier. We assume no responsibility to insure shipments unless agreed to in writing by us, and at your expense. All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted. If we quote freight in jobs at the time of order and then upon delivery that freight expense changes, Amthor International has the right to charge that freight cost to you with or without notice or explanation.
You accept these shipping terms by placing an order with us.
5. Disclaimer, Limitation of Liability and Warranty
Buyer must obtain our permission in writing before any products will be accepted for return, whether claimed to be defective or otherwise. Products that are being returned for credit must be in a re-saleable condition and shipping charges must be prepaid by you. In addition, a handling charge equal to 15% of the price of products will be payable by you in the case of return of non-defective products.
We will repair or replace any products that are determined by us to be defective in material or workmanship, but only if the defect is reported to Seller within that specific product’s warranty period. We will extend all other manufacturer’s warranties as per the manufacturer’s specific terms. This warranty shall be void if our products are subject to misapplication, misuse, neglect, alterations or damage. Buyer is responsible for all delivery and transportation of defective products to us and for all delivery and transportation expenses to return repaired or replaced products to buyer.
WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. IN NO EVENT SHALL AMTHOR
INTERNATIONAL, INC. OR IT’S PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NO EMPLOYEE OR REPRESENTATIVE OF AMTHOR INTERNATIONAL, INC. IS AUTHORIZED TO MODIFY THIS LIMITATION.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU ORDERED FROM US.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
Questions regarding our warranty and return policies should be addressed via e-mail to firstname.lastname@example.org or by regular mail to Amthor International, 237 Industrial Drive, Gretna, VA 24557, Attention: Brian Amthor. These policies set forth your sole and exclusive rights with respect to return of products and services that you may purchase through our site.
6. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
7. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us.
8. Attorneys’ Fees:
In the event of any dispute related to the terms and conditions of the purchase and sale of products from Amthor International, Inc., or their enforcement, Amthor International shall have its attorneys’ fees and costs (whether before trial, during trial, on appeal, or otherwise) paid by the other party.
9. Governing Law; Venue
This terms and conditions of the purchase and sale of products from Amthor International, Inc. shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia and Venue for any legal action relating herewith shall be in Pittsylvania County, VA.