Sellers Terms & Conditions
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All orders are expressly conditioned on Buyer’s assent to Fleet Engineers’ (Seller’s) sales and credit terms only and not to terms and conditions appearing on Buyer’s purchase order or contract. Buyer waives any right to object to these terms and conditions. Buyer’s assent to these terms and conditions shall be evidenced by acceptance of any shipment. Seller’s failure to object to terms contained in any communication from Buyer shall not be deemed to be a waiver of these terms and conditions.
Said terms and conditions are as follows:
All prices are subject to change without notice. This price list supersedes and cancels all previous price lists. Prices are F.O.B. shipping point.
Popularity code can be used to estimate the availability of a given product: (a) current production – immediate availability, (b) current production – standard availability, and (c) non-current production.
Minimum order is $60.00 net. Orders less than $60.00 net will not be accepted.
Seller will accept only paid phone calls. Seller will NOT accept responsibility for any errors made in telephoned or oral instructions. To avoid any errors, a confirming purchase order must be mailed, faxed or e-mailed to Seller.
Terms of Payment:
Terms are net thirty (30) days. A 2% monthly carrying charge will be added to all past due accounts, beginning the thirty-first (31st) day from date of invoice. Shipments can be made C.O.D. or cash in advance prior to credit approval. All invoices are payable in U.S. funds. Please pay from invoice.
Buyer may not cancel any order without Seller’s prior written approval and will be subject to charges for expenses incurred and work executed by Seller or our suppliers.
Shipment will be made F.O.B. shipping point at which time risk of loss shall pass to Buyer. Seller reserves the right to select means and route of shipment if specific instructions are not included with order, and Buyer waives any right it may have to notification of shipment. Seller may in its discretion make partial shipments. All shipments weighing over 200 lbs. will be made via motor truck unless otherwise specified. Shipments weighing 200 lbs. or less will be made via package carrier (RPS or UPS). All package shipments are charged a $3.00 handling fee per each order. A special handling fee will be added to all package carrier requested shipments over 200 lbs. Seller will endeavor to ship merchandise within the specified time; however, Seller does not guaranty delivery.
Risk of Loss and Deliver Title:
Liability for loss or damage passes to Buyer on delivery. Delivery of goods by the Seller to the carrier at the shipping point constitutes delivery to Buyer. Title to goods shall pass to Buyer subject to Seller’s right of stoppage in transit to secure payment of the purchase price for the goods.
Seller shall not be liable for any delay in performance or for non-performance, in whole or in part caused by the occurrence of any contingency beyond the control of Seller or Seller’s suppliers, including but not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, act of a public enemy, failure or delay in transportation, act of any government or agency thereof affecting the terms of this contract, judicial action, labor dispute, accident, fire, explosion, flood, storm or other Act of God, shortage of labor, fuel, raw materials, tools, dies or equipment or technical failure. Any such delays shall excuse Seller from performance, and Seller’s time for performance shall be extended for the period of delays and for a reasonable time thereafter. In no event shall Seller be liable for direct, indirect, special, incidental or consequential damages for any delay or non-performance.
Multiple Shipments – Separate Contracts:
If the contract provides for, or if Seller elects to make, multiple shipments or deliveries, each such shipment or delivery shall be construed as a separate sale. Buyer agrees to accept and pay for each such shipment or delivery. Should Buyer fail to accept and pay for each shipment or delivery, Seller may without prejudice to any other lawful remedy defer further shipments or deliveries until acceptance thereof by Buyer or until payment is made by Buyer. Seller may at its sole discretion without liability whatsoever terminate this contract as to any unaccepted or undelivered portion thereof, as well as any other outstanding contract with Buyer. Buyer shall be responsible for any expenses and losses sustained by Seller by so doing.
Shortages or errors made in filling an order must be reported to Seller within ten (10) days of delivery or Seller will not honor them. Before claiming a shortage, Buyer must verify that no containers were received in damaged condition.
Loss or Damage:
For orders shipped F.O.B. origin freight collect, any claims must be filed by the consignee direct with the carrier. Under no circumstances should freight be refused by Buyer. Buyer is to verify that the correct number of pieces is received prior to signing the freight bill. Buyer must make note on the freight bill any visible damage to pieces received.
Claims and Allowances:
Seller shall not be liable for manufacturing defects for goods which pass without objection in the trade under the contract description or for goods which are of fair average quality. Claims of any kind or nature, except for latent defects, are specifically barred unless made in writing by registered mail within sixty (60) days after delivery to Buyer. Seller’s limit of liability for defective merchandise shall be the difference in value on contract date of delivery between goods specified and goods actually delivered. The limit of Seller’s liability for non-delivery shall be the difference, if any, between the contract price and the fair market price on the contract date of delivery of the goods to be delivered. In no event shall Seller be liable for direct, indirect, special, incidental or consequential damages for any delay or non-performance.
All returned goods must have an authorization number assigned by Seller. Items returned for credit will be subject to a 20% restocking charge and must be returned FREIGHT PREPAID. No items for return will be accepted beyond twelve (12) months from date of shipment, or if an overstock situation exists at the time of request. Customer must supply Seller with invoice number and purchase order number from which shipment was made. ONLY CURRENT MODEL PARTS IN SALEABLE CONDITION WILL BE ACCEPTED. If Seller accepts an unauthorized return, it will be subject to a 25% restocking charge.
Overruns on custom and/or special order merchandise up to 5% of the quantity ordered shall constitute an acceptable delivery.
Seller may cancel this contract in the event of Buyer’s breach. Seller may also cancel this contract on occurrence of any of the following: insolvency of Buyer; filing by Buyer of a voluntary petition of bankruptcy; filing of an involuntary petition to have Buyer declared bankrupt; appointment of a receiver or trustee for Buyer; execution by Buyer of an assignment or composition arrangement for the benefit of creditors; filing of a voluntary or involuntary petition for corporate reorganization of Buyer; or initiation by any party for any other proceeding involving Buyer as debtor under the Bankruptcy Act, as amended. In the event of any cancellation under this paragraph, Seller without prejudice to any other rights available to it for breach of this contract shall have the right: (i) to refuse to deliver any additional goods; (ii) to recover from Buyer the contract price of all goods delivered and for freight, storage, handling and other expenses incurred by Seller; or (iii) to sell elsewhere and charge Buyer with any resultant damages.
Warranty – General:
Seller warrants to Buyer all goods, if properly installed, used only for uses and in the manner recommended by Seller, and not damaged from any external cause, against defective workmanship and material for the warranty period specified in the specification sheet for each item, but in no event longer than six (6) months from date of shipment; provided that any defect has not been caused by misuse, careless handling, or where repairs have been made or attempted by parties other than Seller. EXCEPTION: CHROME PLATING IS NOT GUARANTEED. See Returned Goods section for specific instructions. Seller’s warranties extend to Buyer and to no other person.
Limitation of Warranty:
No claim under the above warranty shall be honored unless (i) it is submitted to Seller in writing within sixty (60) days after discovery and on or before the sixtieth (60th) day after expiration of the warranty period, and (ii) Buyer shall cease to use the goods and give Seller a full written report supporting its claim. If Seller finds the equipment to be defective, the Seller will repair or replace it without charge and bear the cost of transportation for the defective goods. Except as provided by this paragraph, Seller shall not be liable for any labor, transportation or other expense required to replace or repair defective goods nor in any event for any direct, indirect, special, incidental or consequential damages arising out of or occasioned by a defect or failure of any goods sold to Buyer, nor for any loss arising from the use or resale thereof. SELLER PROVIDES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE GOODS CONTAINED IN THIS CONTRACT.
Warranty – Chrome Plating:
Chrome plating on products is not warranted beyond the initial installation date of the product. The performance of plating cannot be guaranteed due to the conditions of service. Damage from stones or road debris can destroy the integrity of the coating surface and cause corrosion to ensue. Damage due to the impact or collision with another object and road and vehicle vibration are likely at some point during the life of the product. Therefore, Seller only warrants the plating quality until any plated product is put into service. Seller’s plating is specified to be the high grade automotive exterior quality and designed for atmospheric conditions in existence on today’s highways. Maintenance and care of the finish are required to maintain its like-new condition.
Limitation of Damages:
Seller’s liability with regard to the goods and/or this contract for any claims, costs, damages, losses, and expenses for which it is or may be legally liable, whether arising in negligence or other tort, contract, or otherwise, shall not exceed the price for the goods. In no event shall Seller be liable for direct, indirect, special, incidental or consequential damages for breach of any of the provisions of this contract.
Limitation of Remedies/Action:
Buyer’s exclusive remedies with respect to the goods shall be the repair of defective goods or, in the event the goods cannot be repaired, the refund of the purchase price or replacement of defective goods, whichever Seller so chooses at its sole option. No action can be brought by Buyer more than one year from the date of delivery of the goods to Buyer.
Registered Trademarks and OEM Logos:
Due to trademark restrictions, products personalized with OEM logos are only available through their respective Truck/Trailer dealers and are contained within only to represent their availability to such dealers.
If any merchandise shall be sold by Seller to meet Buyer’s particular specifications or requirements and is not part of Seller’s standard line offered to the trade generally in the ordinary course of Seller’s business, Buyer agrees to indemnify, defend, protect and hold Seller harmless against any and all suits at law or equity and from any and all loss, damage, claims and demands for actual or alleged infringement of any United States or foreign patents, and to defend any suit which may be brought against Seller for any alleged infringement because of the sale of the merchandise ordered by Buyer. In the event Buyer fails to defend Seller, Buyer shall be responsible for all of Seller’s attorney fees, costs of defense, expert witness fees and other litigation related expenses.
If Seller seeks to enforce any of the terms hereof due to Buyer’s breach, Buyer shall pay Seller’s reasonable attorney’s fees and expenses.
This contract is binding upon and inures to the benefit of the parties and the successor and assigns of the entire business and goodwill of Seller or Buyer, but will not otherwise be assignable by Buyer; except that Seller may assign the proceeds of this contract. Nothing in this contract shall inure to the benefit of or be deemed to give rise to any rights in any third party.
This contract is made and to be performed in Muskegon, Michigan. Unless otherwise specifically agreed, this contract and any dispute thereunder shall be governed by the laws of the State of Michigan.
For further information or questions, contact Fleet Engineers:
Our normal sales desk hours are 8:00 a.m.- 5:00 p.m. EST.
Phone: 1 800 333 7890
Fax (24 Hours): 231 777 2720
Address: 1800 E. Keating Avenue,
Muskegon, MI 49442-6189 U.S.A.