ELECTRONIC
COMMERCE
By submitting
website online orders, Everhard
Products, Inc. ("Everhard") and the Buyer ("Buyer") agree to be
bound by transactions performed through Everhard's e-commerce website
via the issuance of purchase orders by electronic data interchange
(EDI), facsimile, and e-mail and such transactions will be subject
to the terms and conditions of sale specified below. The parties
acknowledge that no writing shall be required to make their electronic
transactions legally binding, notwithstanding any contrary requirement
in the law. As necessary, the parties will adopt as its signature
an electronic identification to be affixed to or contained in each
document transmitted by the party ("Signed Documents").
The parties will implement reasonable security procedures to ensure
authorized transmissions and to protect business records and data
from improper access. By performing such transactions in the foregoing
manner, the parties, agree that no signature will be required to
have a legally enforceable electronic commerce transaction, which
will be honored to the fullest extent under law. The parties agree
not to contest the validity or enforceability of Signed Documents
under the provisions of any applicable laws, including any statute
of frauds statutes, relating to whether certain agreements be in
writing and signed by a party to be bound. Any such Signed Documents,
if introduced as evidence in any legal or administrative proceeding,
will be admissible as evidence to the same extent as business records,
which originate and are maintained in documentary form. The provision
under this Electronic Commerce paragraph will be in addition to
any other agreements entered into between Everhard and Buyer concerning
electronic data interchange.
TERMS ACCEPTANCE
Unless otherwise specifically agreed in writing by an authorized officer of Everhard Products, Inc. (“Everhard”), the “Buyer” hereby agrees to comply with the following terms and conditions of sale (“Terms”) in connection with an order for any of the goods, materials, supplies, components, drawings, data or other property described herein (“Products”). Shipment of Products by Everhard against a purchase order will not constitute acceptance of any terms or conditions set forth in such purchase order. Any additional terms and conditions proposed by Buyer in its purchase order or otherwise are hereby rejected by Everhard and shall not be incorporated into these Terms. Buyer’s assent to these Terms shall be conclusively presumed from Buyer’s failure to object thereto in writing as well as from Buyer’s acceptance of all or part of the Products ordered. Proposals to supply Products are valid for 30 days unless amended by Everhard and Buyer in writing. These Terms represent the entire agreement of the parties and proposals, negotiations, representations or agreements made or entered into prior to or contemporaneously with these Terms, whether verbal or written, are excluded. If these Terms are found to be an acknowledgment and if such acknowledgment constitutes an acceptance of an offer, such acceptance is expressly conditional upon Buyer’s consent to these Terms. These Terms are effective regardless of the format in which a purchase order is received ― including purchase orders received electronically (e.g., e-mail).
TERMS
OF PAYMENT
OPEN ACCOUNT: 2 percent, 10 days, Net 30 days, upon return and approval of credit
application.
ADVANCE PAYMENT/C.O.D.:
If you do not have an account with us we will be glad to ship your
order after clearance of your advance check. Your advance check
should include the total price of tools ordered and all shipping
and packing charges. There is a $300.00 maximum for all COD's.
CREDIT CARD: Visa or Mastercard only. (Required on ALL initial orders less than
$250.00)
SHIPPING TERMS
All orders F.O.B.
- Canton, Ohio. Actual freight allowed on orders of $750.00 or more
shipped to a single location within the Continental US. NOTE: Heavy Membrane Rollers and STAK-N-TOTE® products are excluded
from the freight allowance.
MINIMUM ORDER: There is a minimum order of $75.00.
TERMS OF
PAYMENT - INTERNATIONAL ACCOUNTS
CREDIT CARD: Visa or Mastercard only. (Required on ALL initial
orders less than $250.00.) This is the most simple method of payment
for international orders.
WIRE TRANSFER: We will be glad to ship your order after receipt of your confirming
purchase order number and your wire transfer. Your wire transfer
should include the total price of products ordered and shipping
and packing charges. A $30.00 wire transfer fee must also be included
with all wire transfer orders. Please note minimum order charge
below. Payment must be in U.S. funds.
IMPORTANT: PLEASE INCLUDE YOUR COMPANY NAME AND YOUR PURCHASE ORDER NUMBER
ON THE WIRE TRANSFER.
RETURNED
GOODS POLICY: No merchandise is to be returned without prior
authorization and a Returned Materials Authorization (RMA) number
issued by Klenk. If return is authorized, transportation charges
must be prepaid. Upon inspection and approval, credit will be issued
less a 15 percent handling charge, with a minimum charge
of $50.00, for any return determined not to be a manufacturing
defect. Credit or replacement is subject to the evaluation of the
condition of the returned materials. Materials returned as defective
can only be replaced or credited after the determination of the
defect. See "Warranty Information" below.
WARRANTY
INFORMATION
1. Each product
carries a limited warranty. If any tool should break as a result
of a manufacturing defect, contact us for repair or replacement.
This warranty does not cover damage due to misuse or abuse, tools out of adjustment from use, wear
from extensive use, improper use and storage, or any other defect or malfunction of the tool
that is other than a manufacturer's defect. Refer to our "Returned Goods Policy" above.
2. Any modifications, alterations, or repairs to our equipment performed
by others shall cause this warranty to be null and void.
3. Component parts not manufactured by us shall be warranted consistent
with the express warranty policy of the manufacturer of such parts.
4. OUR ENTIRE LIABILITY UNDER THIS WARRANTY SHALL BE LIMITED TO
THE PROMPT REPAIR, AT OUR OPTION, OF ANY DEFECTIVE PRODUCT. WE WILL
NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES.
5. THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDING ANY AND ALL
OTHER WARRANTIES BOTH EXPRESSED AND IMPLIED, INCLUDING MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
6. No one is authorized to make any warranty or representation other
than as set forth in the standard warranty, and the customer may
not rely on any other of the design, development, supply production
and performance information for PRODUCTS for which Orders are solicited
hereunder.
ADVERTISING/PROMOTIONAL
MATERIALS
Catalogs, product
flyers, and price sheets are available on request. In addition,
while our advertising and art department staff is willing and able
to provide product descriptions, photos, graphics, and logos for
distributor-generated sales material, our company policy does not
permit us to help support the cost of producing such material or
give any advertising allowances.
Any provision
of text, photos, graphics, logos, and any other product information
does not constitute an agreement by Everhard Products, Inc. to cover
any costs associated with preparing, designing, proofreading, or
printing any product that may contain this information. Any costs
associated with using product information from Everhard is solely
the responsibility of those parties making the request and those
parties assume all risk associated with using such information.
ALL TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
|