TERMS AND CONDITIONS

 

 

The performance of goods and services by Inline Industries, Inc. is subject to the following Terms and Conditions:

 

1.  These terms and conditions shall supersede all terms and conditions of Buyer's purchase order or of any proposal or quotations by Buyer.  An acceptance of any goods or services covered by Buyer's order shall constitute an acceptance of these terms and conditions.  No waiver, alteration, or modification of these provisions shall be valid unless made in writing and signed by an officer of Inline Industries.

2.  Inline Industries will make every effort to complete shipment as indicated, but assumes no responsibility or liability for loss or damage due to delay or inability to ship caused by acts of God, war, strike, labor difficulties, accident, delays of carriers, subcontractors or suppliers, inability to obtain materials, or any other causes of any kind.  If delivery time is quoted, it is an estimate only.

3.  The Buyer may request a certain method of shipment; however, Inline reserves the right to select a different method of shipment based on carrier imposed shipping restrictions and practicality.  If Buyer requests that the product be shipped on Buyer’s account, Inline will make every effort to honor that request.  If said product is in fact shipped on Inline’s account and Buyer would have received a greater discount, Buyer is obligated to pay Inline’s freight charge less the difference.

4.  Inline Industries warrants to the original purchaser only that the valves, fittings, parts, and other items sold by it (the "product") shall be free from defects in material and workmanship for a period of one year from the date of delivery to the original Buyer (the "warranty period").  The warranty obligations of Inline Industries shall be limited to repair or replacement of the defective product, and Inline Industries shall not be liable or responsible under any circumstances or in any amount for consequential or incidental damages, or for injury or damages to persons or property using or used in connection with the product, whether or not defective, or for loss of profits or other costs, expenses, or charges of any kind or character arising in connection with the sale, use, or repair of this material.

5.  If any such defects arise during the warranty period, Buyer must request a Return Material Authorization (RMA) from Inline.  Inline must receive product at its Baldwin Park, California, facility within 30 days of issuing the RMA.  Upon receipt, product will be evaluated and replaced or repaired, at Inline’s discretion, without charge to Buyer.  The repaired or replacement product will be returned, freight prepaid, via the most economical shipping method.

6.  This warranty applies only during normal use and care and is absolutely void if the product is improperly applied, misused, neglected, or damaged after purchase thereof, or if the product is not properly installed, or if it has been repaired or altered by someone other than Inline Industries.  If, after inspection, Inline determines that the warranty does not apply, the customer will be responsible for any costs associated with requested repairs or replacement.

7.  There are no warranties or representation by Inline Industries other than as set forth herein, either express or implied, as to the product or its origin or any other matter, and no person, firm, or corporation is authorized to make any representation or to incur any obligation in the name or on behalf of Inline Industries except as stated herein.

8.  EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS OR MERCHANTABILITY, AND THE PRODUCT IS SOLD "AS IS."

9.  Inline Industries will not be liable for any loss, damage, cost or repairs, incidental or consequential damages of any kind, whether based on warranty, contract, or negligence, arising in connection with the sale, use, or repair of this material.

10.  No return of product for credit will be allowed unless prior written permission in the form of a Return Material Authorization (RMA) from Inline Industries is first obtained.  RMA’s will be valid for thirty (30) days from the date of issue; product not received by Inline during that period, or product returned without RMA, will not be accepted for credit.  Buyers shall be responsible for all costs of transportation as well as a restocking charge.  Returned product will be evaluated by Inline and credit considered only if returned product is in new and unused condition.  Credit issued may be applied to future or open accounts and must be used within one (1) year of issuance.  No cash refunds.

11.  Orders that are marked “non-cancelable/non-returnable” are final once Buyer returns a signed copy of the sales order confirmation or sales confirmation to Inline.

12.  No claim for shortages will be allowed unless made in writing within ten (10) days of receipt of a shipment.  Claims for goods damaged or lost in transit should be made with the carrier, as Inline Industries' responsibility ceases on delivery to the carrier.

13.  The amount of any sales, excise, or other taxes, if any, applicable to the products covered by this order shall be added to the purchase price and be paid by Buyer unless Buyer provides Inline Industries with an exemption certificate acceptable to the taxing authorities.

14.  Standard terms are net 30 days.

15.  After the expiration of standard terms a time price difference of 2% per month on the unpaid balance will be charged on the unpaid balance until paid.

16.   In the event the matter is referred to our attorney or a collection agency for the purpose of enforcing its terms and collection of money, reasonable attorney fees and costs will be added to the unpaid balance thereby increasing same.