ORDERS FOR ITEMS PRODUCED BY ERICH INDUSTRIES ARE SUBJECT TO THE FOLLOWING CONDITIONS:
1. PRICES quoted are F.O.B. manufacturer’s point of shipment, are firm for 30 days from the date of the quotation and are subject to the payment of any state and local taxes by the purchaser. All bonds or permits shall be the purchaser’s responsibility. This quotation is void if not accepted by purchaser within 30 days from its date. 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.
In the event that purchaser orders a lesser quantity than shown on this quotation, seller may adjust price to take this into account. If purchaser does not take delivery within 180 days of order, seller shall have the right to adjust prices in response to cost increases. In any event, seller must provide purchaser with reasonable notice of proposed price adjustments and purchaser shall have the right to cancel this agreement without penalty within 15 days after receipt of such notice. Credit card payments made for quoted items will be charged an additional 4% of the total billable amount to cover the card fees. If order terms are payment prior to shipment, payment should be received fourteen (14) days prior to scheduled shipment date or order will be pulled from production schedule.
2. DELIVERY dates specified, if any, are estimates and seller shall in no event be held liable for delays occasioned by labor disputes, material shortages, fires, floods, delays in transportation, or any event or circumstance beyond its exclusive control.
Seller assumes no responsibility for delays, breakage or damage after having made delivery to a carrier, at which time all risk of loss for any cause passed to Purchaser. 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.
3. CLAIMS. Seller will consider no claims for variances from shortages in orders unless presented to it in writing within thirty (30) days after receipt of goods. The purchaser shall make all claims for breakage or other damage due to shipment or handling to the company utilized to ship the order.
4. STORAGE. If shipment of any materials is postponed by direction of the purchaser, the seller may at any time after original schedule date of shipment, pack, hold, and invoice such materials as if then shipped, same as being then held at purchaser’s risk and subject to sellers storage charges, and upon full payment shall become the property of the purchaser.
5. UNLOADING is the responsibility of the purchaser.
6. WARRANTIES in all cases in which a manufacturer extends to seller a warranty for finished goods covered by this document, that warranty and all associated limitations of liability shall control purchaser’s rights. Seller disclaims any other warranties, including but not limited to, any implied warranty of merchantability or fitness for a particular purpose. The standard warranty of Erich Industries, Inc. is as follows: Erich Industries, Inc. warrants that its products will be free from defects in design, materials and workmanship for a period of one year from the date of shipment. All claims for breach of this warranty must be made within 30 days after the defect is, or can, with reasonable care, be detected and in no event more than 30 days after the warranty has expired. In order to be entitled to the benefits of this warranty, the products must have been properly installed, maintained and operated within their intended capabilities, and not otherwise abused. Regarding specifically door openers, safety details in addition to operating and maintenance procedures as detailed in products Owners Manual are required and is the sole responsibility of the owner. Regarding specifically our MICRODOOR, no returns are accepted as these are custom built to owners details provided via quote request. Regarding specifically the Safety Sentry units would be bench tested to determine if warranty return or repair is applicable. This warranty is Erich Industries, Inc. exclusive express overall warranty. ERICH INDUSTRIES, INC. EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. In the event of any defects covered by this warranty, Erich Industries, Inc. will remedy such defects by repairing or replacing any defective equipment or parts, bearing all of the costs for these parts and shipping. This shall be the exclusive remedy for all claims whether based on contract negligence or strict liability. Warranties are not valid while any outstanding invoices to customer are unpaid.
7. LIMITATION OF LIABILITY. NEITHER ERICH INDUSTRIES, INC., ANY OTHER MANUFACTURER WHOSE PRODUCTS ARE THE SUBJECT OF THIS TRANSACTION, NOR ANY ERICH INDUSTRIES, INC. REPRESENTATIVE SHALL IN ANY EVENT BE LIABLE FOR ANY LOSS OF THE USE OF ANY EQUIPMENT OR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER FOR BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY. 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.
8. SPECIFICATIONS: The application of a manufacturer’s specifications to a particular project is the responsibility of the purchaser. Consistent with our policy of continued product improvement and innovation, we reserve the right to change product specifications without notice or obligation.
9. CANCELLATION OR RETURNS: 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. No returns will be accepted 10 days or more after shipment unless valid warranty claim. 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 and maglocks 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.
10. 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.
11. 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.