Terms & Conditions
General
The following terms and conditions are made a part of any order and are accepted by the Buyer, his agents and/or assigns unless expressly rejected in writing by Buyer and agreed to by Flow Controls, Inc.
Payment Terms for Products
Payment terms are net 30 days from the date of invoice to the Buyer unless noted otherwise in body of Price Quote. Interest will be assessed at 1.5 % per month on all accounts over 30 days.
Payment Terms for Service
Payment terms are net 10 days from the date of invoice to the Buyer unless noted otherwise in body of Price Quote. Interest will be assessed at 1.5% per month on all accounts over 30 days.
Product Suitability and Paperwork
It is the responsibility of Buyer to assess the suitability of the ordered products for the environment in which the product(s) will be installed. It is the responsibility of the Buyer to determine and specify the proper min/max and operating ranges, chemical compatibility with the process, materials of construction, industry ratings requirements, accuracy requirements or any other application requirements for the product(s). Buyer may also be responsible for completing application data sheets, export compliance or other paperwork as required by the product manufacturer. Buyer understands that failing to comply with requests for completion may result in a delay of product production and/or shipment.
Loss, Damage or Delay
Flow Controls, Inc. is not liable for any loss, in full or in part, for any damage, detention or delay of products due to causes beyond its reasonable control such as acts of God, acts of the purchaser, acts of civil or military authority, priorities, fires, strikes, floods, epidemics, quarantine restrictions, war, riot, delays in transportation, government restrictions or embargoes, causes beyond its control or difficulties in obtaining necessary labor, materials, or manufacturing facilities resulting from or affected by such causes.
Taxes
Prices do not include State or Local taxes. Such taxes, where applicable, will be added to the prices. If Buyer is claiming exemption, claim must be supported by a valid tax exemption certificate on file with Flow Controls, Inc and it is the duty of the Buyer to provide and update the valid certificate as needed.
Shipping
All Shipments are made FOB product manufacturer’s factory. Postage and Shipping (Freight) will be added to the invoice unless specified otherwise in body of Price Quote. We reserve the right to make partial shipments. Flow Controls, Inc. must be notified in writing of any shipping errors within 14 days from the receipt of shipment.
Returns
All returns require prior written approval from Flow Controls, Inc. Returns are subject to pre-paid freight, handling fees and/or re-stocking fees based on circumstances of return and will be assessed at the discretion of the Seller.
Choice of Law
This Agreement is formed and shall be construed, performed and enforced under the laws of the State of Maryland, United States of America. Any suit, action or proceeding arising out of or flowing from this Agreement shall be brought in a Court of competent jurisdiction in the state of Maryland under the laws of the State of Maryland which the parties agree shall have the exclusive jurisdiction to hear and resolve such disputes subject only to the parties both agreeing in writing to resolve such disputes through arbitration. Parties agree to be bound by any Court judgments for money or other remedies and those judgments shall be binding upon the parties and shall have the same effect of judgments rendered in the local Courts of any Buyer.
Limitation of Seller's Liability
The liability of Seller for loss or damages on any claim of any kind, including negligence on the part of the Seller, his agents and/or assigns or breach of expressed or implied warranty shall be limited to an amount equal to the price of the equipment. The Seller shall not be liable for any penalty or indirect, special, incidental, secondary, consequential or other damages such as loss of profits or revenue, loss of other equipment, down time costs, costs associated with the removal of the equipment from service, reinstallation or disassembly or claims of third parties against the Purchaser for damages.