Terms of Sale
Overview
We appreciate the opportunity to serve our customers, whether new or existing. Please read our general sales policy below. We are happy to answer any questions you may have.
June 29, 2020
Please read these terms and conditions carefully. They contain important information concerning customer’s (“Customer”) legal rights, warranties, obligations and available dispute resolutions remedies. They also provide that if Intermarine Safety LLC is unable to resolve any matter to Customer’s satisfaction, Customer will exclusively use arbitration to decide the dispute and Customer will bring its claim solely on an individual basis and not in a class action or representative proceeding.
Except in those instances where Intermarine Safety LLC and a business Customer (“Business Customer”) enter into a separate written contract for the purchase of products and/or services providing for separate terms of sale, the following terms and conditions will apply. For clarification, the term “Customer” includes Business Customers as well as individuals, and the term Business Customer includes, but is not limited to, government, institutional, and educational customers.
Intermarine Safety LLC reserves the right to revise these Terms and Conditions at any time.
Quotations. Quotations are only valid in writing and for 30 days from the date of the quotation unless otherwise notified. All quotations by Seller are subject to change or withdrawal without prior notice to Purchaser unless otherwise specifically stated in the quotation. Quotations are made subject to approval by Seller of Purchaser’s credit. Seller shall have no obligation to sell or deliver Products or Services covered by Seller’s quotation unless and until Seller issues an order acknowledgement form or upon the shipment of Products or commencement of Services by Seller.
Prices. Prices are in U.S. Dollars and are subject to change without notice. Prices may change based on many factors including exchange rate movements and raw material costs not foreseen at time of Purchase Order acceptance. Furthermore, if there is an unforeseen change in U.S. Government and/or Foreign Government Trade Policy (i.e. duty, tariffs, etc.), Seller reserves the right to pass through a surcharge to Purchaser. Purchaser agrees to accept such price increases or surcharges for the term of such price increase or surcharge or the termination of the contract to which these terms and conditions apply. Time of payment is of the essence. All orders are accepted subject to Seller’s price in effect at time of shipment.
Terms of Payment. The inspection rights granted to Purchaser will not affect or alter the payment terms or the timing of Purchaser’s payment obligations. Under no circumstances will Purchaser have a right of set-off. Seller shall have the right to offset its payables against its receivables related to goods or services purchased from Seller. Unless otherwise expressly agreed to by Seller in writing, terms of payment are 15 days net from the date of Seller’s invoice. No discount shall be allowed on transportation charges. Purchaser agrees to pay interest on overdue invoices at the rate of 1 ½ % per month, but not higher than the highest rate permitted by law. If Purchaser fails to make any payment as required, Purchaser agrees to indemnify Seller for all costs and expenses, including reasonable attorney fees, court costs, and associated expenses incurred by Seller.
Sales Tax. Customer is responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate. When placing an order, Customer shall indicate which products are tax exempt.
Returned Goods
All sales are final. Special order, custom-built and non-stock items are non-cancelable and non-returnable. This includes all drop shipments from manufacturers. Products normally carried in Seller’s inventory which have been shipped as ordered may be returned “unused” within 30 days from the date of purchase for credit only upon Seller’s prior written authorization. All such returned products must be accompanied by a copy of the invoice, a Return Merchandise Authorization (RMA) from Seller for a restocking charge in the amount of 20% of the purchase price to be subtracted from the value of the return. In addition to ‘unused’, the product must not have been installed or connected to electrical power and must be in original packaging. For any returns involving full kits, only the full kit may be returned, no partial kits will be accepted. Customer is responsible for proper packing to insure safe return. The Seller maintains the right to hold the Customer responsible for all freight charges associated with returning products to Seller. All risk and liability for return transport, including loss and/or damage of product, rests wholly on Customer . All returns are subject to a final count and inspection by Seller upon arrival. Credit will not be issued for damaged products, used products, items with missing parts, obsolete products, or any product that is in a condition that prevents it being sold as new. All claims for shortage, damage and the like must be made in writing in accordance with and subject to Seller’s ‘Returns, Damage and Claim Policy.’
Shipment delays. Shipment dates are estimates only, and all deliveries are subject to unforeseen delays caused by accidents, fires, weather, strikes, riots, government action, supplier delays or shortages and other contingencies beyond Intermarine Safety’s reasonable control.
Time limitation for legal action. Any lawsuit arising from Customer’s purchase of product from Seller and/or to enforce this agreement must be filed in a court of competent jurisdiction no later than one year after the sale occurs, otherwise it shall be time barred.
Dispute resolution. In the event of any breach or default by Customer upon the terms and conditions of sale set forth herein; Seller may employ any company, corporation, agency or attorney to collect any and all amounts owing from Customer to Seller, including but not limited to purchase price, service charges, delivery charges and taxes; and Customer shall pay to Seller all costs, expenses and fees, including reasonable attorney’s fees, incurred by Seller in the enforcement of this agreement.
Acceptance of terms
Seller reserves the right to amend or modify the these Terms and Conditions of Sale, its Returns, Damage & Claims Policy, or any other policy from time to time, which amendments and modifications shall be binding on all quotations or written acknowledgement of Seller made after the effective date of such amendment or modification.