ORDERS FOR ITEMS PRODUCED BY OTHERS AND SOLD BY ERICH INDUSTRIES ARE SUBJECT TO THE FOLLOWING CONDITIONS:
1. ACCEPTANCE AND GOVERNING PROVISIONS. This writing constitutes an offer by Erich Industries, Inc. (seller) to sell the products and/or services described herein. When accepted by buyer, this writing shall constitute the entire agreement between the buyer and seller on the subject hereof, except as amended by a writing signed by seller.
2. PAYMENTS. Payment is due as detailed on any quotation provided or within thirty days of invoice. Any attorney’s fees incurred by the seller in the collection of amounts due will be the responsibility of the buyer. A 1 1/2 percent charge will be added for each month or fraction thereof that any invoice remains unpaid after 30 days from invoice date. Credit card payments made for quoted items will be charged an additional 4% of the total billable amount to cover the card fees. Third party service providers are responsible for the security of cardholder data the service providers possess or otherwise store, process, or transmit on behalf of the customer.
3. SHIPMENT AND DELIVERY. All delivery dates are estimates. Further, seller shall not be liable for delays in delivery resulting from any cause beyond its reasonable control. Unloading is the responsibility of the purchaser. Should manufacturer be required to hold scheduled shipment more than ten (10) days or to interrupt the production of equipment already in progress, a charge will be made for costs of handling and storage, plus a carrying charge of 2 percent per month or fraction thereof applied on the value of the equipment while said equipment is in storage. If purchaser does not take delivery of goods within 90 days, Erich Industries, Inc. shall have the right to increase prices on the account of cost increases. In any event Erich Industries, Inc. must give purchaser reasonable notice of proposed price. Any items ordered over an evening, weekend, holiday or after our 12:00PM CST cut-off that typically ship within 24 hours will ship on first business day after the evening, weekend or holiday. Custom made items typically require at least 48 hours to ship even if expedited shipping requested.
4. RETURNS, CANCELLATION. No products are returnable or are orders subject to cancellation except upon seller's written approval and upon payment of reasonable and proper charges for expenses and costs attributable to such return or cancellation as determined by seller which in most cases shall be at least 35 percent of total invoiced amount in addition to any freight, installation, and removal charges incurred. Returns on items not yet shipped will be assessed initial credit card processor fee and credit fee. Used products cannot be returned for any credit. Custom made products cannot be returned for any credit at any time after order has been placed and acknowledged. Electronic items including all sensors cannot be returned for any credit. Refunds of any other kind will be made via product credit against future orders valid for up to one (1) year from date of issued credit.
5. TAXES. Any manufacture's tax, retailer's occupation tax, sales tax, excise tax, or tax of any nature whatsoever imposed on or measured by the transaction between seller and buyer shall be paid by buyer as applicable use tax in addition to the prices quoted or invoiced; and in the event seller is required to pay any such taxes, buyer shall reimburse seller therefor.
6. WARRANTY. Seller warrants the goods covered hereby to the extent that our written warranty details or in the case of products manufactured by others, the manufacturer thereof warrants such goods to seller, and subject to any and all terms, conditions and limitations of the manufacturer's warranty to seller. Seller's obligation, and buyers sole remedy, hereunder is limited to assignment to buyer of seller's warranty claim against the manufacturer.
7. SENSORS. Installation and adjustment of sensors on door openings with pedestrian usage should be conducted by an AAADM Certified Technician to verify that the sensors are operating properly and are adjusted to within the minimum guidelines of the ANSI Standard (ANSI 156.10 and ANSI 156.19).
8. CONSEQUENTIAL DAMAGES; INDEMNITY. Seller shall in no event be liable for any consequential, incidental or special damages, from any cause whatsoever. You agree that, by entering into this Agreement, you and Erich Industries, Inc. are each waiving the right to a trial by jury or to participate in a class action.
9. OTHER. Any and all applicable rules, regulations, fire codes, governing laws, local ordinances, etc. that may apply to the use of any product purchased by the customer is the responsibility of the customer. Terms detailed on any quotation we provide in addition to these standard terms are all that will be applicable on any orders processed. If these terms are unsatisfactory to you or your organization insists that their terms supersede Erich Industries then don't submit any order as OUR TERMS ARE THE ONLY TERMS APPLICABLE TO ANY TRANSACTION. Third party service providers are responsible for the security of cardholder data the service providers possess or otherwise store, process, or transmit on behalf of the customer. No additional terms, conditions or contracts shall apply.
