Sales Terms & Conditions
All Sales made by Eastman Industrial Supply, Inc. are subject to this terms and conditions:
TERMS OF PAYMENT
Buyer agrees to pay for the products according to Eastman’s payment terms. In the event Buyer fails to make any payment to Eastman when due, Buyer’s entire account(s) with Eastman shall become immediately due and payable without notice or demand. All past due amounts are subject to service charges at the rate agreed upon by the parties, otherwise at the maximum contract rate permitted by law. Buyer does hereby grant Eastman a purchase money security interest in the products until such time as Eastman is fully paid. Buyer will assist Eastman in taking the necessary action to perfect and protect Eastman’s security interest. No products furnished by the Eastman shall become a fixture by reason of being attached to real estate.
Down payment shall be deemed forfeited for purchases not claimed in three (3) months.
Buyer shall not be entitled to set-off any amounts due Buyer against any amount due Eastman in connection with this transaction.
REMEDIES OF SELLER
Upon default by Buyer, Buyer agrees to reimburse Eastman all attorney fees and court costs incurred by Eastman in connection therewith. Buyer agrees that any of the following shall constitute an event of default which shall enable Eastman, at its option, to cancel any unexecuted portion of this order or to exercise any right or remedy which it may have by law: (a) the failure of Buyer to perform any term or condition contained herein; (b) any failure of Buyer to give required notice; (c) the insolvency of Buyer or its failure to pay debts as they mature, an assignment by Buyer for benefit of its creditors, the appointment of receiver for Buyer or for the materials covered by this order or the filing of any petition to adjudicate Buyer bankrupt; (d) the death, incompetence, dissolution or termination of existence of Buyer; (e) a failure by Buyer to provide adequate assurance of performance within ten (10) days after a justified demand by Eastman or (f) if Eastman, in good faith, believes that Buyer’s prospect of performance under this Agreement is impaired. All rights and remedies of Eastman herein are in addition to, and shall not exclude, any rights or remedies that Seller may have by law. In the event it becomes necessary to incur any expense for collection of any overdue account, reasonable collection charges, including reasonable attorneys’ fees, will be added to the balance due and Buyer shall pay all such charges.
Delivery terms are all ex-warehouse or as otherwise agreed to as evidenced by Eastman’s order acknowledgment.
Eastman will make a good faith effort to complete delivery of the products as indicated by Eastman in writing, but Eastman assumes no responsibility or liability and will accept no backcharge for loss or damage due to delay or inability to deliver, whether or not such loss or damage was made known to Eastman, including, but not limited to, liability for Eastman’s non-performance caused by acts of God, war, labor difficulties, accidents, inability to obtain materials, delays of carriers, contractors or suppliers or any other causes of any kind whatever beyond the control of Eastman. Under no circumstances shall Eastman be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expense (whether or not based on negligence) arising directly or indirectly from delays or failure to give notice of delay.
RECOMMENDATIONS BY SELLER
Buyer acknowledges that Eastman does not make and specifically negates, renounces and disclaims any representations, warranties and/or guaranties of any kind or character, expressed or implied, with respect to (i) the products sold, their use, design, application or operation, their merchantability, their physical condition or their fitness for a particular purpose, (ii) the maintenance or other expenses to be incurred in connection with the products, (iii) the engineering, design, fabrication work or any other work or service (whether gratuitous or for payment) supplied by Eastman and/or its agents, suppliers and employees or (iv) the accuracy or reliability of any information, designs or documents furnished to Buyer. Eastman neither assumes, nor authorizes any person to assume for it, any other obligation in connection with the sale of its products and/or rendering of its services. Any recommendations made by Eastman concerning the use, design, application or operation of the products shall not be construed as representations or warranties, expressed or implied. Failure by Eastman to make recommendations or give advice to Buyer shall not impose any liability upon Eastman.
SHIPPING CHARGES; TAXES; TITLE; RISK OF LOSS
Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from Eastman to Customer on shipment from Eastman’s facility. Loss or damage that occurs during shipping is Buyer’s responsibility. Buyer must notify Eastman within three (3) days of the date of the invoice or acknowledgement if Buyer believes any part of the purchase is missing, wrong or damaged. Unless Buyer provide Eastman with a valid and correct tax exemption certificate applicable to Buyer purchase of Product and the Product ship-to location, Buyer are responsible for sales and other taxes associated with the order. Shipping dates are estimates only.
SALES RETURN/CANCELLATION POLICY
The exchange of purchased items within fifteen (15) days from purchase date shall be allowed at no charge. If beyond fifteen (15) days but not to exceed sixty (60) days a restocking fee of 15% of the total amount would be charge to the buyer.
In case of cancellation, a cancellation fee equivalent to 20% of purchase amount for regular items and cancellation is not allowed on customized items. Cancellation is allowed for goods that is not use and a maximum of fifteen (15) days from the date of purchase.
Buyer must contact Eastman directly before Buyer attempts to return Product. However, only goods that have sales receipts, boxes, manuals, product must be in good conditions, unused shall be honored for exchange or cancellation. Items that have been dented, burnt or are tampered shall not be honored. Buyer is responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If Buyer fails to follow the return or exchange instructions and policies provided by Eastman, Eastman is not responsible whatsoever for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At Eastman’s discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.
Eastman reserves the right to decline any return, exchange or cancellation of deemed necessary.
A storage fee equal to 5% of the total amount will be charged if goods not claim within sixty (60) days period from the date of purchase.
SCOPE OF WARRANTY
Our warranty shall cover all Eastman products against factory defects and workmanship in case of installation.
This warranty is the only warranty made by Eastman with respect to the Products and no representative or person is authorized to bind Eastman for any obligations or liabilities beyond the warranty in connection with the sale of Eastman’s goods. This warranty is made to the original purchaser only at the original location and is nontransferable, and may only be modified or amended by a written instrument signed by a duly authorized officer of Eastman. Goods or parts which are replaced or repaired under this warranty are warranted only for the remaining unexpired portion of the original warranty period applicable to the specific product.
Most Eastman products are warranted for twelve (12) months from date of delivery.
CONDITION FOR REPAIR/REPLACEMENT OF PARTS
If in case Eastman products and/or workmanship were found to be defective within the given warranty period, Eastman reserves the right to decide if there is a need for replacement or repair. Eastman should be notified immediately after the product was found defective or before the warranty period lapses.
THIS WARRANTY WILL NOT APPLY
These remedies are available only if Eastman is notified in writing by Buyer promptly upon discovery of the defect, and in any event within the warranty period for Product and Seller’s examination of such goods discloses to Seller’s satisfaction that such defects actually exist and the goods have not been (i) repaired, worked on, or altered by persons not authorized by Eastman so as, in Eastman’s sole judgment, to injure the stability reliability, or proper operation of such goods; (ii) subject to misuse, negligence or accident; (iii) connected, installed, used or adjusted otherwise that in accordance with the instructions furnished by Eastman; (iv) due to defects or malfunctions resulting from failure to properly install, operate or maintain; (v) due to failures resulting from lightning sand or other abrasive materials coming from the water supply, abnormal power supply or corrosion build up due to excessive chemical content or electrolysis, abuse, accident or negligence; or (vi) the product was used in a manner not conforming to normal industry application and/or suppliers specific recommendation.
PROCEDURE TO RECEIVE WARRANTY SERVICE
Customers should take or ship prepaid the product requiring warranty service to Eastman Service Center. Please ask for Eastman Customer Service Form or you may include an explanation of the defect or problem, a description of the way in which the product is used, and your name, address and telephone number.
This warranty will be null in case the terms of payment had not been fulfilled.
If it is found that any Product has been returned without cause and is still serviceable, Buyer will be notified and the Product returned at Buyer’s expense. In addition, a charge for testing and examination may, in Buyer’s sole discretion, be made on Products so returned.
Eastman’s liability under, for breach of, or arising out of this agreement and/or sale will be limited to repair or replacement of any defective products or a refund of the purchase price of the products, at Eastman’s sole option, as set forth in above. In no event will Eastman be liable for costs of procurement of substituted products by buyer, nor will Eastman be liable for any special, consequential, incidental or other damages including without limitation loss of profit whether or not Eastman has been advised of the possibility of such loss however caused, whether for breach or repudiation of contract, breach of warranty, negligence or otherwise. This exclusion includes any liability that may arise out of third party claims against buyer. The essential purpose of this provision is to limit the potential liability of Eastman arising out of this agreement and/or sale.
Eastman will not be liable for any loss, damages or penalty resulting from delay in delivery of the Products when such delay is due to causes beyond the reasonable control of Eastman, including without limitation, supplier delay, force majeure, act of God, labor unrest, fire, explosion or earthquake. In any such event, the delivery date will be deemed extended for a period equal to the delay.
This document constitutes the entire, complete, and exclusive agreement between the parties with respect to the subject matter hereof and contains all the agreements and conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly incorporated or referred to herein.