Solve Industrial Motion Group
Terms and Conditions of Sale
The terms and conditions set forth below shall hereby apply to any tender, quotation or acceptance of order made by or given to Solve Industrial Motion Group (Solve IMG) and no addition thereto or variation there from shall apply unless specifically agreed between the parties in writing.
Guarantee: Solve IMG warrants that the merchandise sold hereunder shall be free from defects in material and workmanship for a period of one (1) year from the delivery date of the merchandise to an end user or eighteen (18) months from the date from seller’s shipment to buyer, whichever shall occur first, provided that such defect is not due wholly, or in part, to lack of care, overload, unsuitable lubricant, natural wear, incorrect choice of products, faulty mounting or any other circumstances whatsoever that are beyond SOLVE IMG’s control. SELLERS SOLE AND EXCLUSIVE OBLIGATION AND LIABILITY DURING THE WARRANTY PERIOD SHALL BE AT ITS OPTION TO REPLACE OR REPAIR ANY NONCONFORMING OR DEFECTIVE MERCHANDISE, OR REFUND BUYERS PURCHASE PRICE THEREOF. THE FOREGOING WARRANTY SHALL BE THE SOLE AND EXCLUSIVE LIABILITY OF SELLER, AND IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF PURPOSE OR USE. SELLER NEITHER ASSUMES OR AUTHORIZES BUYER TO ASSUME FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE MERCHANDISE WITHOUT SELLERS EXPRESS PRIOR WRITTEN CONSENT. IN NO EVENT SHALL SELLER BE LIABLE FOR PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR FOR THE LOSS OF PROFITS OF BUYER, ITS CUSTOMERS, OR OTHER END USERS OF THE MERCHANDISE. THIS WARRANTY SHALL NOT EXTEND TO MERCHANDISE WHICH HAS BEEN MODIFIED, ALTERED, OR OTHERWISE SUBJECTED TO ABUSE, MISUSE, NEGLECT, OR IMPROPER MAINTENANCE.
Prices: Prices are quoted F.O.B. factory, unless otherwise stated. It is an express condition that SOLVE IMG may at any time in its discretion amend the price for all or any part of the goods that are to be supplied under the contract to the current price for such goods at the time of delivery. In the event that the quantity ordered is different from that originally quoted, Solve IMG reserves the right to amend the price.
Acceptance: Unless previously agreed or otherwise specified by Solve IMG in writing, all quotations and tenders are open for acceptance by the customer within 30 days from the date on which they are made. Orders that are not accepted in writing by Solve IMG shall not be considered binding. No product specifications, warranties, liability provisions or terms and conditions that are additional or contrary to the terms of these Terms and Conditions of Sale, whether contained in any purchase order or other communication from buyer or any third party, will be construed as, or constitute a waiver of these Terms and Conditions of Sale, or acceptance of any such additional terms, conditions or specifications. Solve IMG hereby rejects and objects to such additional or contrary terms, conditions or specifications submitted by buyer.
Terms of payment: Payment terms are net cash within 30 days of invoice. Solve IMG shall be entitled to recover from buyer all reasonable attorneys’ fees and costs incurred by Solve IMG in collecting or enforcing payment thereof, whether suit is brought or not.
Minimum Order: Solve IMG’s minimum order value is $30.00.
Delivery: Dates quoted by Solve IMG for delivery are subject to confirmation at the time any order is placed. Solve IMG, while making every effort to affect prompt delivery, will not be liable for loss or damage due to delay in delivery howsoever caused, and any delivery dates quoted are subject to this condition. Delay in delivery or dispatch shall not render the contract subject to cancellation by the customer. Solve IMG will allow drop shipments at no extra charge.
Shipping policy: Solve IMG reserves the right to charge freight to the point named in Solve IMG’s order acceptance. When the customer requests dispatch by means other than that normally used by Solve IMG, the extra costs will be charged to the customer. Orders for same day shipping should be called in before 12:00 noon.
Prepaid Freight Policy: Freight on orders over $5000 may be allowed provided the sales price is based on standard pricing. For mounted ball bearing orders only, Solve IMG will pay the freight charges on shipments of $2500 or more provided the sales price is based on standard pricing. If pricing has been negotiated by the customer to meet competitive levels, freight must be considered separately. This freight policy excludes Winkel Profile, which due to length may require special handling and or packaging. Freight estimates can be provided per order. Note that all prepaid freight orders will ship via the carrier of Solve IMG’s choice, and prepaid freight is only available within the continental United States
After hours: After hours service is available 24/7/365 and is subject to a minimum warehouse opening fee of $220.00.
Risk: Risk shall pass to the customer on delivery to the customer or to his agent or any carrier acting for the customer (including any such agent or carrier instructed by Solve IMG acting on behalf of the customer).
Loss or damage in transit: All goods are carefully inspected and packed before dispatch. Claims in respect to any shortage, damage or defective packing must be made in writing within 7 days of receipt accompanied by the packing note.
Cancellation and variations: No cancellation or variation of an order will be accepted other than by the express agreement in writing, and Solve IMG reserves the right to charge for material obtained, work done and any other costs incurred. In no case, however, can cancellations or variations be recognized or accepted within the 30 days prior to the agreed scheduled delivery date of the goods.
Goods returned: No goods will be accepted by Solve IMG for return without prior written authorization in the form of an issued Returned Goods Authorization (RGA). RGAs will be valid for 30 days from the issue date. With the exception of defective goods or mis-shipments, all returns will be subject to a 20% restocking fee, plus return freight. No goods will be accepted for return after 12 months past date of invoice. For an offsetting replacement order, the restock fee will only be 15%. Unauthorized returns received by SOLVE IMG maybe returned to the sender freight collect.
Force majeure: Solve IMG shall be excused from liability if performance of the contract is prevented or hindered by any cause whatsoever beyond Solve IMG’s control and in particular but without prejudice to the generality of the foregoing by act of God, war, government control, restrictions or prohibitions or any other government act or omission whether local or national, fire, flood, subsidence, sabotage, accident, strike or lock-out, and shall not be liable for any loss or damage resulting from any such circumstances.
Specifications and drawings: Every effort is made to ensure that descriptions, drawings and other information in correspondence, catalogues, etc., are accurate, but no warranty is given in respect thereof and Solve IMG shall not be liable for any error therein.
Service: Any service or advice which may be offered by Solve IMG to users of its products is rendered in good faith, but Solve IMG shall not be liable for any loss or damage arising there from.
The Company agrees to indemnify the Buyer and hold it harmless from and against any direct loss suffered and any liability to third parties whenever such loss or liability is directly due to bodily injury (including death) to any person or direct damages to any property occurring in the course of and caused by the negligent act or omission of the Company in the performance of any work on the premises of the Buyer. This indemnity shall include attorney’s fees and settlements of claim or suit reasonable under the circumstances.