Terms and Conditions of Sale
Welcome to South Central Industries Inc.
Terms and Conditions of Sale
- ACCEPTANCE OF ORDERS – Any acceptance herein of Buyer’s Order by Seller is expressly made conditional on Buyer’s assent to the additional or different terms contained herein. Orders are accepted via phone order (405) 275-3851; Fax (405) 275-7001; email firstname.lastname@example.org or on-line portal. Once orders are accepted by Seller any changes or cancellation of order or products by the Buyer will be subject to a 20% restocking fee.
- PRICE – The price for the products covered hereby shall be adjusted to Seller’s published price or contract pricing in effect at the time of order.
- DELIVERY – Delivery dates are estimates, unless a fixed date for the transactions has been expressly agreed in writing. Delivery periods are given under the reservation that the Orderer meets his contractual duties of cooperation. Buyer shall examine material upon receipt. Damaged items and order shortages must be reported to South Central Industries within 15 calendar days of the shipment date and must be accompanied by documentation to substantiate the claim. Delivery to ship to address constitutes delivery to Buyer, regardless of whether Buyer or his/her agent is at the site at the time of delivery or signs a delivery receipt.If the customer is not available, the product will either be left on site and photography evidence of delivery provided or returned to South Central for customer pickup.
- TERMS OF PAYMENT – Terms of payment shall be in accordance with Seller’s invoice or applicable published sales policy statements.
- Buyer agrees to purchase the products subject to all of the covenants, terms and conditions hereof, and to pay Seller the purchase price set forth in the Order. Seller agrees to sell, transfer and deliver the products to Buyer for the purchase price set forth in the Order, subject to all of the covenants, terms and conditions hereof. Typographical and other clerical errors in the Order are subject to correction. Buyer reserves the right at any time to modify the Order upon notice to Seller. Upon such notice, Buyer and Seller shall negotiate an equitable adjustment in price and/or time of performance. Once orders are accepted by Seller any changes or cancellation of order or products by the Buyer will be subject to a 20% restocking fee.
- Products shipped against this Agreement shall be invoiced at the price set forth in the Order. Unless otherwise specified on the Order, payment of the purchase price shall be due no later than forty-five (40) days after the Buyer’s receipt of the Seller’s correct invoice for such shipment or the date on which Products are received by Buyer when purchasing with Purchase Order. If purchasing with P-Card or credit card, payment is due the date of shipment. All back-ordered goods will not be charged to the P-card until received. Interest penalty may be charged if payment is made after forty-five (45) days from time a proper invoice has been submitted.
- CANCELLATION – The order hereby acknowledged cannot be canceled except with Seller’s consent and upon terms that will indemnify Seller against loss. Should cancellation be accepted by Seller, then a 20% restocking fee will be activated.
- WARRANTY – Seller warrants to Buyer that the product to be delivered hereunder will be free from defects in material, workmanship and title and will be of the kind and quality described in the contract. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE). Claims for defects in materials will not be considered unless made in writing within 15 days of receipt of product. Product proving defective in the hands of Buyer, when used for purposes for which such product is intended, will be replaced or credit will be allowed for the price thereof at Seller’s option.
- LIMITATION OF LIABILITY – Seller’s liability on any claim of any kind, whether based on negligence, warranty or otherwise, for any loss or damage arising out of, connected with or resulting from this contract, or from the performance or breach thereof, or from the manufacture, sale, delivery, resale or use of any material covered by or furnished pursuant to this Acknowledgement shall in no case exceed the price allocable to the product which gives rise to the claim. In no event shall Seller be liable for special, incidental or consequential damages.
- EXCUSABLE DELAYS – Seller shall not be liable for delay or failure to perform due to causes beyond Seller’s control such as, but not limited to, the unavailability of goods, law or governmental regulation, judgment of a competent court, labor difficulties, accidents, transportation delays, Acts of God, war or civil commotion.
- COMPLIANCE WITH LAWS – Seller hereby certifies that the products sold hereunder shall comply with the provisions of the Fair Labor Standards Act of 1938, as amended, and the Executive Order No. 11246, Section 202 of the Equal Opportunity Laws and Regulations and, where applicable, ASPR No. 12-802, the applicable provisions of the Occupational Safety and Health Act of 1970 and all other applicable state, Federal and Local Laws, regulations, rules and ordinances.
- TAXES – Any tax, duty or other governmental charge now and hereafter levied upon the production, sale, use or shipment of products ordered or sold hereunder shall be for the Buyer’s account. Such governmental levies are not covered in the Seller’s price unless expressly so stated.
- NON-WAIVER – Seller’s waiver of any of these Conditions of Sale in any instance shall be limited to that instance and shall not imply that Seller will waive such Condition of Sale on any future occasion.
- INSPECTION, ACCEPTANCE AND RETURN OF PRODUCTS - Customer is responsible for inspecting and accepting products. Customer can reject and return any portion of an order that is damaged, defective or otherwise fails to conform to the goods specified in the Customer’s order, subject to the following requirements:
- Customer must send all returns accompanied by a South Central Industries issued Return Authorization
- All returned products must be received in resalable condition (including no markings or labels attached to the cartons) and in the original manufacturers’ shipping cartons, complete with all packing and associated materials.
- South Central Industries will not accept any returns from Customer for product that is designated as “Non-Returnable Item”.
- Customer must request a Return Authorization and return the merchandise to South Central Industries within the following time frames:
- 30 days from date of invoice for returns due to customer error (such as ordering the wrong item); merchandise must be returned in re-saleable condition.
- 30 days from date of invoice for any defective merchandise.
- 10 days from date of invoice for any concealed damage or concealed warehouse errors (such as shipping the wrong product or shortages).
- 5 days from date of invoice for all visible damage and visible warehouse errors.
- Merchandise must be returned in the same unit of measure as purchased from South Central.
- The following categories (“Ineligible Categories”) are not eligible for return: food products, furniture, pharmaceuticals, Machine/Floor Equipment, discontinued or expired products, special order products, and closeout merchandise.
- South Central Industries will not accept returns of any sku in excess of the quantity of that sku Customer purchased from South Central Industries in the 30 days prior to the date South Central Industries receives the return.
- South Central Industries reserves the right to refuse returns that do not comply with these terms. South Central Industries will assess a 20% restocking charge for any returns South Central Industries accepts that do not comply with these terms.
During issuance of a Return Authorization all returns quantities will be verified against all purchase history from South Central Industries. Products not eligible for return will be returned to Customer, freight collect. Any requests for proof of delivery must be made within 60 days after the invoice is received; after 60 days no proof of delivery will be supplied.