SHIPMENT AND DELIVERY
Unless otherwise specified Goods supplied under this Agreement shall be delivered EXW (ExWorks as defined in the most recent version of the Incoterms).
Seller will coordinate the shipping of the Goods to Buyer via a third-party common carrier (FedEx, UPS, USPS, DHL, or YRC Freight) on your behalf and Buyer hereby agrees and acknowledges that delivery of the Goods, including the transfer of title and risk of loss, will occur at the time and location your Goods are loaded onto the common carrier’s transport. Seller does not purchase insurance on freight shipments. If Buyer would like insurance on a freight shipment, Buyer must contact Seller to arrange for the shipment to be insured.
In the event Buyer would like more accelerated shipment or to choose their own shipment carrier, this must be arranged between Buyer and Seller. Buyer will be responsible for all shipping and insurance charges if choosing a non-standard shipping method.
Packing method, shipping documents and manner, route and carrier and delivery shall be as Seller deems appropriate. Seller is not responsible for any damage to packages during shipping. Seller significantly cushions all Goods while packaging to ensure part integrity remains intact and Goods arrive as sold. Notwithstanding secure packaging, damage can happen while in transit. Buyer shall notify Seller immediately (see this Section 5, last paragraph) and provide photographic proof of package damage so that Seller may assist in filing a claim with carrier.
For international shipments, please contact Seller directly to arrange the best and most cost- effective method of shipment. Please note that Buyer is responsible for all costs and paperwork related to the export and/or import of Goods, including but not limited to taxes, customs duties and fees, commercial invoices, and import/export declarations.
For freighted Goods in “used” condition, said Goods will be shrink-wrapped, have ¾ inch steel banding to secure the Goods, and be placed and secured on a double thick pallet. If Buyer would like these Goods to be shipped in a wooden crate, Buyer will have to arrange this with Seller pay an additional charge.
Offloading, handling, and placement of the Goods and crane services are the responsibility of Buyer.
Any dates quoted for delivery of the Goods are approximate only. Seller shall not be liable for any damages for any failure or delay in delivery of Goods howsoever caused. Lead times on Goods may vary based on product availability, supply chain constraints, and manpower. Please contact Seller directly for the most updated information.
If Buyer fails for whatever reason to take delivery of the Goods, Seller may: (1) store the Goods at Buyer’s costs and risk until actual delivery up to thirty (30) days and charge Buyer for reasonable storage costs including transport, handling, and insurance; and/or (2) sell the Goods after notifying Buyer in writing of its intention to do so and claim the greater of the difference between the selling price of the Goods and the invoiced price, plus liquidated damages of fifteen percent (15%) of the invoice price of the Goods.
Buyer shall inspect the Goods upon delivery, before offloading, for damage, defects, and shortage. Any and all claims which could have been discovered by such inspection shall be deemed absolutely and unconditionally waived unless noted by Buyer on the bill of lading. Where Goods are alleged to be non-conforming or defective, written notice of defect must be given to Seller within two (2) days from date of delivery after which time the Goods shall be deemed accepted. Any claim by Buyer must incorporate all relevant details and information, and Buyer shall provide Seller or its agents with reasonable access to inspect the Goods. Seller shall have a commercially reasonable period of time in which to correct such non-conformity or defect. If non-conformity or defect is not eliminated to Buyer’s satisfaction, Buyer may reject the Goods (but shall protect the Goods until returned to Seller) or allow Seller another opportunity to undertake corrective action. No deductions will be taken against charges by Seller for the Goods for any reason unless approved in writing by Seller. All replaced Goods shall become Seller’s property.
Buyer shall inspect the contents of the shipped Goods within fifteen (15) calendar days of receipt of Goods to report any missing items. After that period, Buyer will be charged retail cost of any missing items.
RETURNS
Orders placed with and accepted by Seller may not be cancelled except with Seller’s prior written consent, which shall be at the sole discretion of Seller. All Goods ordered and delivered by Seller under this Agreement are not returnable unless agreed in writing by Seller. Buyer must submit, in writing, a request for return and follow the provisions provided in this Section. Buyer is responsible for all shipping fees associated with any returns of Goods unless otherwise stated in writing by Seller. Credits for all returns on Goods will be subject to, 1) a 38% handling/restocking charge and are limited to eligible items purchased from Seller, and 2) a 3% fee if original payment was made via credit card. Approved returns and subsequent credit/refund will be issued in the manner in which it was paid for by the Buyer. If Goods were purchased via credit card and approved for return/refund, then the refund will be issued back to the credit card the Goods were originally paid on.
For Goods sold in “new” condition, Seller may, within thirty (30) days of date of receipt of Goods to Buyer, agree to accept Goods for return and provide credit where: (1) Goods MUST NOT have been used or installed (2) Goods are in new and saleable condition, (3) a copy of the original invoice is presented by Buyer, (4) Seller’s Return Merchandise Authorization (RMA) form is completed, signed by Buyer, and sent to Seller in the box with the Goods being returned, (5) Goods are returned to Seller packaged and returned EXACTLY as it was shipped to Buyer, and (6) a Bill of Lading (BOL) and/or tracking number for the return shipment must be sent by Buyer to Seller. Approved refunds, price adjustments, or corrections will be issued once the Goods are returned by Buyer and inspected by Seller.
For Goods sold in “used” condition (e.g., used engines, used parts, etc.), said Goods are sold “as-is”, no warranty. Goods in “used” condition may be scratched, dented, rusty, dirty, etc.; this does not qualify as a defect.
Please note that there is no guarantee of being able to return the Goods to Seller as this decision is based on Seller’s sole discretion. Failure by the Buyer to follow any of the provisions above will render the ability to return Goods as null and void.
Seller’s employees or agents are not authorized to make any representations concerning the Goods unless confirmed by the Seller in writing. Buyer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.