Salentine Pump & Equipment, Inc. Terms and Conditions of Sale
Credit Terms
Buyer agrees to the standard payment terms of NET 30
for all invoices from Salentine Pump & Equipment, Inc.
The terms of payment are subject to the approval of our
Credit Department and in case of doubt arising as to
the purchaser’s financial responsibility; shipments may
be suspended until satisfactory credit rating is
established.
Buyer agrees to pay interest at the rate of 1.5 percent
per month on any balance not paid and received within
the stated payment terms. Such interest shall be
payable within 30 days from the interest invoice date.
Buyer and seller agree that whenever is legally
permissible that laws of the State of Wisconsin will be
applicable as to the maximum rate of interest, which
may be charged on sums payable under this contract.
In the event charging interest at the rate of 1.5 percent
per month would be a violation of the law, buyer and
seller agree the interest rate will be adjusted to the
highest legal rate. Buyer agrees to pay all legal fees
incurred in the process of collecting unpaid and past
due Salentine Pump & Equipment, Inc. invoices.
Return of Products
Written authorization must be obtained from Salentine
Pump & Equipment, Inc. before any product can be
returned for credit.
All returns are subject to a restock fee. Products that
are returned after 60 days, are missing parts, used or
damaged will not be accepted for return.
Terms of Payment
All credit card transactions will be assessed a 4 percent
processing fee.
Payments made via check or ACH must be dated prior
to the due date printed on the invoice to avoid any
interest charges and accompanied by a remittance
detail emailed to Mike@salentinepump.com
Limitation of Liability
(a) The remedies of the parties are as set forth under the
Terms & Conditions of Sale and are exclusive and sole
remedy for Distributor and Customer.
(b) Provided that nothing in the Terms & Conditions of
Sale will exclude or limit the Distributor’s (or its
associated, affiliated, subsidiary or holding companies’)
liability for fraud or damages for death or personal
injury caused by its negligence, the Distributor’s (or its
associated, affiliated, subsidiary or holding companies’)
will not be liable to the Customer under or in
connection with the Terms & Conditions of Sale or any
collateral contract, or the “products” or any products or
services supplied by the Distributor under or related to
these Terms and Conditions of Sale, for any loss of
profit, loss of income or contract, loss of goodwill, or
for special, incidental, indirect or consequential loss or
damage of any kind whatsoever, whether based on or
arising in tort (including negligence), breach of contract
or otherwise.
(c) Notwithstanding the unenforceability or invalidity
of any other provisions of the Terms and Conditions of
Sale, the Distributor and/or its customers for, under or
in connection with the Terms and Conditions of Sale,
whether in contract, tort (including negligence) or
otherwise shall not exceed, in respect of each event or
series of connected events, the purchase price of the
product upon which such liability is based.
Deliveries
Delivery of the equipment hereunder will be FOB
[Place of Origin], unless otherwise stated on the order,
and thereafter risk of loss will be upon the purchaser.
Shipping dates given in advance of actual shipment are
estimated. We will not be liable for delays resulting
from fire or other causalities, labor or transportation
difficulties, delays at our usual source of supply, or
without limitation by the foregoing, any other causes
beyond our control.
Transportation Company’s receipt constitutes delivery
after which our responsibility ceases. Claims for
shortage must be made within five days after receipt of
goods
Risk of Loss
Delivery of product to a carrier at the Salentine Pump &
Equipment, Inc. facility from which the product is
shipped will constitute delivery to the customer. Upon
delivery of product to the carrier, all risk of loss or
damage to such product will pass to and be borne by
the customer. Salentine Pump & Equipment, Inc. will
not have any liability for any product after delivery to a
carrier, including any liability for delays in transit to
the customer. No loss, damage or delay in transit of
product after delivery to a carrier will affect the
Customer’s obligation to pay the purchase price and
other applicable charges.