Terms & Conditions
TERMS & CONDITIONS
CREDIT TERMS
1. PAYMENT: Net 30 Days.
2. FOB: Factory or manufacturing location.
3. CREDIT APPROVAL: Seller reserves the right at any time to revoke any credit extended to Buyer as a result of Buyer’s failure to pay for merchandise when due or for any other reason deemed good and sufficient by the Seller and in such event to require payment prior to shipment.
4. LATE PAYMENT FEE: Any past due balances will incur a monthly finance charge of 2%. The Buyer will be responsible for all costs associated with collection, including attorney’s fees. This Agreement shall be governed by the internal laws of the State of Michigan, without regard to its conflict of laws provisions. Any legal actions to enforce or related to this Agreement shall be brought exclusively in a court located in Wexford County, Michigan.
5. CREDIT CARD FEE: Any payment made with a credit card will incur a 3% surcharge.
ORDER HANDLING
1. ACCEPTANCE & APPROVAL: Buyer’s orders submitted shall become binding and effective only upon acceptance & approval by the Seller at its office in Cadillac, Michigan.
2. BUYER’S CONFIRMATION OF TELEPHONE ORDERS: Buyer must confirm all telephone orders in writing to the Seller’s representative with whom the verbal order was placed. If the written order is not marked “confirming” and duplicate shipment results, freight, restocking and other charges are the responsibility of the Buyer.
3. ACKNOWLEDGMENTS: Seller will email written acknowledgments to the Buyer for all Buyer’s accepted and approved orders.
4. ADDITIONS TO PURCHASE ORDERS: Additions to purchase orders that have already been processed by the Seller will create delays in production of the items ordered. It is to the Buyer’s benefit to enter a separate purchase order for these items. Every effort will be made to see that these orders ship on a common bill of lading with the original order when requested by Buyer; however, Seller accepts no responsibility for freight charges in the event this request cannot be met.
PRICING POLICIES
1. TAXES: Prices do not include federal, state or local taxes.
2. PRICE CHANGES: B&P reserves the right to make any price changes as needed.
CONDITIONS OF SALE
1. LOSS OR DAMAGE IN TRANSIT: Seller inspects and makes delivery to the carrier at the shipping point in good condition. Carrier acts as Buyer’s agent. Seller shall not be liable for non-arrival made under this contract which may be lost in transit, nor for losses, damages or delays in transportation. For 3rd party or customer/distributor-initiated freight via their business account, it is the account holder’s responsibility to file all freight/shipping claims for lost items and/or damage incurred during transport. Contact seller for replacements that will be charged for. For PPD or PPA freight it is seller’s responsibility to file claims with the carrier, however customer is required to sign for all shipments as “damaged” and all freight damage and loss must be reported no later than 10 days after receipt of shipment. If any of these actions are not taken, then seller reserves the right to refuse to replace or issue credit for items.
2. ROUTING: Shipments will be routed PPA unless otherwise requested. Every effort will be made to comply with desired routing.
3. PRODUCT SPECIFICATIONS: We reserve the right to make any changes in product specifications and designs without liability. Seller assumes no further liability, expressed or implied.
4. CANCELLATIONS:
• Any make-to-order items (ramps, military containers, SCBA lockers, special non-standard, and special-order components) that are cancelled after 7 days of PO acknowledgement will be assessed without exception a 20% cancellation fee.
• Orders, once acknowledged by seller, can be canceled only with seller’s consent and upon terms and conditions that will indemnify seller against losses.
• Orders can be modified and/or canceled within 24 hours after acknowledgement in writing only. No verbal changes will be accepted.
• If any order is to be modified or canceled, the buyer may be subject to a 20% cancelation fee and will be notified as such in writing.
• Web orders will be charged a final processing fee and subject to a cancellation charge on all cancelled orders that have not shipped.
• If the order(s) have shipped, and the buyer refuses the item(s) at time of delivery, they may be subject to the following charges: final processing fee, shipping cost, and a 20% restock fee determined solely by B&P.
5. RETURNED GOODS AUTHORIZATION (RGA/RMA):
A. Before returning any merchandise for any reason whatsoever, it is necessary to contact B&P for approval. If approval is given, an RGA number will be given by B&P. This RGA number must appear on all documents involving the returned goods and written on the outside of the package. Under no circumstances will returned goods be accepted at our dock without an RGA number shown on the shipping papers and package.
B. A written confirmation of each RGA will be emailed by B&P to the distributor. This confirmation will need to be printed and sent with the shipment.
C. Freight charges on all RGA’s are the responsibility of the purchaser unless it is a warranty/ shipping error return.
D. If a warranty or shipping error happens, B&P will issue a call tag to have the product picked up. If the product is not picked up on the 3rd attempt, the shipping cost will be on the purchaser to send back.
E. RGA numbers will not be issued after thirty (30) days from date of original shipment by B&P Manufacturing except on warranty claims. Issued RGA’s will expire in thirty (30) days from date of issue if returned goods have not been received by B&P Manufacturing or its designated representative. Applicable goods will not be accepted thereafter.
F. A minimum restocking charge of 20% will be made on all merchandise except as allowed under warranty claims.
G. Additional charges will be determined solely by B&P Manufacturing if the product is in a non-resalable condition.
H. Returns will not be allowed on any special, made to order, or items determined to be obsolete products and products in non-re-salable condition.
I. Product shortages must be reported within 10 days of receipt of material.
J. Credit will not be given until it is in B&P’s possession and approved through quality/ management.
K. All web order sales are final and non-returnable.
6. FIELD REPAIR AUTHORIZATION (FRA): Before repairing any product on which a claim will be made, it is necessary to contact us for approval. Approval occurs only when FRA number is given. A written confirmation of the FRA will be emailed to confirm the item involved, nature of repair and approved expenditure payment. Under no circumstance should you repair an item without prior FRA.
7. DELAYS IN SHIPMENT: Seller will make every effort to make shipments in accordance with the acknowledged scheduled shipping date, but Seller assumes no responsibility for any loss or inconvenience caused by non-shipment at a specified time. Cancellation requests due to delays in shipment shall be handled in accordance with Section 4 titled “Cancellations”, unless Buyer and Seller mutually agree on a “No Later Than” date and order is acknowledged to that effect.
8. OSHA: Seller certifies that all terms furnished comply with Seller’s interpretation of the Occupational Safety and Health Act of 1970 standards and regulations at time of shipment. Seller shall not be responsible for fines and penalties under this act or for losses sustained by improper use of any item. This is the sole certification and supersedes any, and all prior expressed or implied certifications.
9. FREIGHT ESTIMATE BY B&P MANUFACTURING: Upon request, B&P Manufacturing will obtain a freight estimate for shipment FOB, Cadillac, Michigan or point of manufacture. This service is advisory only. Responsibility for correct freight costs rests with the purchaser. All Freight estimates are only valid for 48 hours from the date that the estimate is given. Freight will be calculated at the time of shipment, estimates may change due to the volatility of the market. Seller is not responsible for any overages above and beyond the shipping estimate.
10. WARRANTY: B&P Manufacturing warrants to the original purchaser that the items covered by this agreement shall be free from defects in material and workmanship under normal use and service for a period of two (2) years from the date of shipment to the purchaser. If within such a period any product is proved to be defective, the product shall be repaired or replaced at the manufacturer’s discretion. B&P Manufacturing’s obligation is limited to repair and replacement and is conditioned upon receiving a written notice of the alleged defects within the two (2) year warranty period and no more than ten (10) days after its discovery. After written approval by B&P Manufacturing, the product or defective part must be returned to B&P Manufacturing, FOB, its factory. The term “original purchaser” as used in this warranty shall mean the person or entity to which product was shipped by B&P Manufacturing, its distributor or agent. If purchaser has enrolled in the 2 + 1 warranty program, then the above applies except the written notice needs to be within the three (3) year period and no more than ten (10) days after discovery. The product in question must be enrolled in the 2 + 1 program to qualify for the 1-year extension. This warranty does not apply to parts subject to wear, parts not manufactured by B&P Manufacturing, or to products or parts repaired or altered by any entity other than B&P Manufacturing. It also does not cover defects or damage due to negligence, accident, abuse, or misuse.
Parts that are not covered under the two (2) year warranty are: tires, inner tubes, wheels (unless expressly specified otherwise in our literature), bearings, casters, drive belts, phenolic rollers, cast nose plates, cast stair climbers, accessory bags and lift chains. The warranty obligations of B&P Manufacturing shall in all respects conform and be limited to the warranty extended to B&P Manufacturing by the supplier.
XCELORATOR assisted hand truck electrical components (containing, but not limited to, electronics enclosure, motors, batteries, throttles) will be covered under the aforementioned warranty for a period of twelve (12) months from the date of shipment to the purchaser. The base hand truck and components thereof are subject to the above paragraphs, allowing coverage of up to a three (3) year period. All other stipulations expressed previously shall still apply.
