Terms & Conditions
TERMS OF SALE
These are the terms of sale between Alexander Tool & Supply Co (ATS) ("Seller") and the entity that is purchasing goods from Seller ("Buyer"). "Buyer" agrees that these terms of sale are applicable to the transactions between "Buyer" and "Seller", and agrees to contract with "Seller" pursuant to these terms.
ACCEPTANCE OF TERMS OF SALE
No conditions stated by "Buyer" in its offer or acceptance shall be binding on "Seller" if in conflict with, inconsistent with, or in addition to, "Seller" terms. Credit is conditional upon determination by "Seller" each time an order is received. By use of our website you agree to our Legal and Privacy Policies. You certify, represent, and warrant that all purchases made by employees/agents of your organization utilizing your account number are authorized purchases of your organization. You acknowledge and agree that it is your responsibility to verify and maintain the protection, security, and distribution of your account number, user names, and passwords associated with purchasing from "Seller". Furthermore, you expressly agree that all liability relating to password management resides with you and your organization and that under no circumstances, including negligence or misconduct, shall "Seller" be liable for any damages that result from the use of our website. You acknowledge that your purchasing rights and privileges may be modified at any time upon notice from "Seller". Orders are accepted on the basis of terms of sale in effect at the time the order is received and approved by the "Seller" at "Seller's" Main Offices. Acceptance of any products delivered hereunder by "Seller" or any of its Affiliates or Assignees shall constitute "Buyer's" agreement to said Terms of Sale as set forth herein or found on our website.
If merchandise is not in stock, it will be placed on backorder for 90 days. Unless we have customer authorization to hold merchandise on backorder longer than 90 days, it will automatically be cancelled and you will be notified.
All claims MUST be made within 5 days of receipt. To expedite service please refer to our shipper or invoice number. Damages incurred in commercial shipments must be claimed through the common carrier.
COMMERCIAL CREDIT ACCOUNT TERMS
Unless otherwise agreed to in writing, upon approved credit, standard terms of payment shall be 30 Days Net. A 1-1/2% monthly service charge may be added on invoices not paid when due. Returned checks and electronic payments are subject to $15.00 charge. If "Buyer" fails to fulfill these terms or if "Seller" at any time has any doubt as to "Buyer's" financial responsibility, "Seller" may demand immediate full payment and decline to make further deliveries. Any indebtedness owing from "Buyer" to "Seller"' can be set off and applied by "Seller" and associated companies on any indebtedness at any time from time to time either before or after maturity or demand. "Buyer"/applicant agrees to pay any collection cost incurred to collect delinquent amounts, including attorney's fees.
"Buyer" agrees that any credit balance issued will be applied within one (1) year of its issuance. If not applied or requested within one (1) year, any credit balance remaining will be subject to cancellation, and "Seller" shall have no further liability.
DAMAGED, LOST or SHORT SHIPMENTS UPS
Notify your local UPS office immediately. Advise us so we can reship the merchandise and place a claim. Keep damaged goods and containers for UPS inspection. Truck Shipments: Shippers are not responsible for merchandise damaged or lost by motor freight carriers. If your shipment is damaged or short, have it noted by the carrier on the delivery receipt. Without this proper notation, you accept it at your own risk.
DELIVERY and FREIGHT USA Shipments
Unless otherwise stated, "Buyer" will be responsible for any freight cost associated with the delivery of product to its destination and will be pre-paid and added to Buyer's invoice. Any extra or additional charges or services rendered in transit or at the destination will be the responsibility of "Buyer". All shipments will be F.O.B our Warehouse, the Factory (as noted in the catalog), or the Vendor for items that are drop shipped. All truck shipments will ship via YRC pre-paid and added to Buyer's invoice unless otherwise specified at time of order. Shipment and delivery dates are estimates only, and are not guaranteed. Canadian Shipments: We provide same day Purolator shipping for orders placed by 4:00 PM E.S.T. for all in-stock items. All orders are duty paid, customs cleared, and shipped pre-paid via Purolator. All small packages are shipped via Purolator, with service based on Toronto origin. Machinery and large shipments over 150 lbs. are subject to LTL standards. We offer drop shipments to your customer with no reference to "Seller" on the packing slip or shipping label. We are restricted from shipping certain hazardous items into Canada. Hazardous items are identified as HAZ02 through HAZ64 in the item's description. HAZ57 items are not regulated and only require special packaging. Therefore, items identified as HAZ57 are the only hazardous items allowed to be shipped into Canada. Other restrictions may apply. We reserve the right to select other carriers as necessary. We shall not be liable for any injury, loss, damage, or delay in delivery resulting from the handling or use of the goods after or during such delivery.
DISCLAIMER OF WARRANTIES
AS THE "SELLER" WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, OF PERFORMANCE, MERCHANTABILITY, WORKMANSHIP, FITNESS, QUALITY, DURABILITY OR SUITABILITY OF THE MERCHANDISE IN ANY RESPECT INCLUDING ITS FITNESS FOR THE PURPOSE AND USES OF THE "BUYER". THE ONLY WARRANTIES APPLYING TO MATERIALS SOLD ARE THOSE SPECIFICALLY PROVIDED BY THE MANUFACTURER. "SELLER" FURTHER MAKES NO EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS WITH RESPECT TO ANY CHANGES, ALTERATIONS OR MODIFICATIONS MADE IN MATERIALS AT THE REQUEST OR INSTRUCTION OF THE PURCHASER. THE OBLIGATIONS OF "SELLER" ARE LIMITED TO REPAIR OR REPLACEMENT OF DEFECTIVE PARTS OR, AT ITS SOLE OPTION, TO THE REFUND OF THE PURCHASE PRICE. "SELLER" IS NOT LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL "S EL LE R" BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS).
The "Buyer" shall defend and indemnify "Seller"', as a result of "Buyer's" negligence, from and against any and all loss of or damage to the merchandise, usual wear and tear excepted; any claim, cause of action, damages, liability, cost or expenses (including attorney's fees) which may arise or be incurred in any manner in favor of any person relating to the merchandise or any part of the merchandise, including by way of example but not of limitation, claims arising out of or incident to the construction, purchase, delivery, installation, ownership, leasing, sale, or return of the merchandise or as a result of its use, maintenance, repair, operation or condition thereof, whether or not any claimed defects in such merchandise or latent or are discoverable; and any claim, cause of action, cost, or expense arising for alleged patent infringement of, for, or as a result of claims for alleged strict liability in tort. The obligations of "Buyer" herein contained shall survive the expiration of the Agreement as to any loss, damages, claims, cause