Terms and Conditions
Acceptance: Vanamatic Company (“Seller”) agrees to sell materials, products, and/or any other item (“Goods”) to the customer (“Buyer”) based on the terms and conditions herein described. The pricing for the Goods are based on these terms and only applicable to these terms unless otherwise specified.
Title and Risk of Loss: Prices quoted are F.O.B. Seller’s facility unless otherwise agreed upon and specified in the Seller’s quotation. Title and risk of loss or damage to the Goods shall pass to the Buyer as soon as the finished Goods leave the control of the Seller. Seller shall have a security interest in the Goods until full payment has been made by the Buyer.
Taxes Prices: Any local, state, U.S federal or foreign taxes or duties on the Goods shall be added to the price and paid by the buyer. All pricing in USD.
Payment Terms: Prices quoted require payment within thirty (30) days after the date of invoice, unless otherwise agreed upon and specified in the Seller’s quotation. Buyer may select and pay within the discount terms without affecting the quoted prices.
- Terms: 1% 10 Calendar Days – Net 30 Calendar Days
- Prepayment for 6 months on all orders following a late payment
Stocking Distributor: Distributors may elect to distribute seller’s goods without stocking (“direct order distribution”) for a period of 6 months prior to establishing a distributor agreement. During the 6 month grace period distributors must order in accordance with the minimum quantities. Stocking Distributors must stock all Part Numbers identified with the (**) Part Number prefix to qualify for discount pricing (Dist. Price). The initial orders must include all (**) part numbers at the Minimum Quantity or higher. Upon completion of the stocking requirements, Stocking Distributors may order any quantity as long as each shipment meets a $200.00 minimum value. Shipments under $200.00 shall include shipping and handling charges of $25.00. Prices quoted are (“USD”).
Laws, Ordinances, and Regulations: Prices quoted cover normal laws, ordinances, and regulations as Seller may be accustomed to during the normal manufacture of products. Seller shall utilize reasonable efforts to cause the manufacture of goods to comply with its interpretation of applicable U.S. federal and state, safety, health, and environmental regulations. However, Seller shall not be responsible for any applicable laws, ordinances, codes, and/or regulations at any location where Goods are utilized by Buyer or Buyer’s customers, unless otherwise agreed upon and specified in the Seller’s quotation. The sale of Goods by Seller shall be governed by the laws of the State of Ohio.
Liability: Seller shall not be liable for any act, omission, result or consequence due to any act of God, casualty, labor dispute, shortage of material, loss of utilities, failure to deliver, and/or any other cause beyond Seller’s reasonable control. Seller does not provide warranties or accept financial liability beyond that described in this document, unless otherwise agreed upon and specified in the Seller’s quotation.
General Specifications: Distributors/Resellers and purchasers shall comply with Seller’s General Specification page of this document.
Quality Rejects: Seller warrants that Goods are in accordance with the provisions specified in this document. Seller agrees to inspect, repair, or replace, at Seller’s option, goods that fail to conform to provisions specified in this document. Seller shall not be responsible for freight charges in excess of those agreed upon and used in the normal transportation of the Goods to the Buyer. The Seller and Buyer may agree to inspection charges by the Buyer and/or a third party inspection firm without effect to the terms of this policy.
Warranty and Product Recall: Unless otherwise agreed upon and specified in the Seller’s quotation, prices quoted do not include liability for any costs over and above those detailed in the Quality Rejects section of this document. Buyer assumes liability for any and all warranty claims and product recall obligations relating to the Seller’s Goods.
Return and Restocking: Products purchased from Vanamatic Company, except special orders, may be returned within 30 days without being subject to a restocking fee. Original shipping and handling fees will not be refunded and return shipments must be prepaid. A Return Material Authorization Number (RMA) must be requested prior to any return. Returns after 30 days are subject to a 15% restocking fee. Special orders cannot be returned.
Indemnity: Purchaser shall indemnify and save harmless and defend Seller, its subsidiaries, division and affiliates, and their directors, officers, employees and agents from and against any and all claims, demands, actions, causes of action, losses, damages, liability and costs (including reasonable attorney’s fees, taxes, penalties and interest (collectively “Claims”), of any nature whatsoever, for loss of or damage to property (whether same be that of third persons or of either of the parties hereto) and for injury to or death of persons (whether they be third persons or employees of Buyer, any subcontractor) in any manner arising out of incident to the sale and delivery of goods, except for loss, damage or injury caused solely by an act of negligence by Seller.
