Terms and Conditions
The sale of goods listed on the reverse side or listed on future invoices, is made in accordance with the terms and conditions set forth below.
TERMS OF SALE: Standard terms of sale vary by product and transaction. If a cash discount is shown on the front hereof, then such discount may be taken if all the following conditions are met the account is current, and payment is made by check dated and envelope posted marked no later than the 10th of the month of sale (10th prox), and the specific job was quoted with cash discount terms, if a cash discount is not shown, or bill not paid by the 10th of the month, then payment is due by the 25th.
PRIOR CREDIT APPROVAL: Seller reserves the right to approve buyer’s credit prior to sale and shipment of merchandise. Without prior notice, seller may, at its sole discretion, and at any time(s) increase or decrease the amount of credit, if any, it extends to Buyer.
CHANGES: Quotations are subject to change in price and items without notice unless indicated otherwise in the quotation. Buyer must notify seller in writing by certified, return receipt requested mail or any discrepancies within 10 days of receipt of invoice; otherwise, invoice shall be conclusively deemed correct as originally submitted.
SHIPMENT: Although every effort will be made to ship in accordance with the shipping dates specified, shipping dates are approximate and the seller shall not be liable for any damages suffered by late delivery. Any and all delivery dates given by seller are estimates only. Buyer is cautioned to make allowance for delays and is warned that seller shall not be liable to buyer, to a general contractor, or to an owner for delays in delivery.
WARRANTY DISCLAIMER: All products sold by seller are sold without any warranty expect for passing on the warranties of the manufacturer of the product. Without limiting the generality of the foregoing seller makes no warranty, either expressed or implied, as to the merchantability, fitness or suitability of any product sold.
LIMITATION OF LIABILITY: Seller shall not, under any circumstances, be liable for special or consequential damages, such as but not limited to (i) damage to or loss of other property or equipment; (ii) loss of profits, revenue, or reputation; (iii) cost of replacement goods: (iv) cost of storage, handling and care of damaged, defective or nonconforming goods; or (v) claim of buyer’s customers for service interruptions. The liability of seller arising out of or related in any way to sale, delivery, resale, installation or use of the goods sold by or furnished by seller, whether arising out of contract, negligence, strict tort, or in any warranty or otherwise, shall not exceed the price of the specific goods upon which liability is to be based. Buyer’s remedies for any breach of this agreement by seller or with respect to the sellers liability under this agreement shall be limited to seller’s choice of anyone of the following: (i) the repair of the goods; (ii) the replacement of the goods, or (iii) the return of the goods in question to the seller and the return to the buyer of any consideration paid to seller for said goods.
CLAIMS FOR SHORTAGE OR DAMAGE AND RETURNS: All claims for shortages and/or damages must be made to seller within three days of discovery, but in no event later than ten days from the date of delivery. All sales are final. Goods may not be returned to the seller for credit without seller’s prior written consent.
RETURNS OF GOODS: Merchandise may not be returned without seller’s written authorization. For authorized items, credit will be issued at the invoice price. A handling charge of fifteen (15%) percent (or greater if so charged by our supplier) will be made on all returned items. Special order items are not refundable.
JOB ACCOUNTS: As a service to buyer and as means of facilitating the orderly preparation of conditional waivers and releases on the job accounts, seller may inform buyer’s customer (the general contractor), of the amount owed to seller by buyer on job accounts.
SERVICE CHARGES: Buyer will pay service charge of 1.5% per month on all past due balances.
PAYMENT AND COLLECTION CHARGES: Payment on any past due account is to be made at seller’s option to its administrative offices in Van Nuys, California. If buyer fails to make any payments when due, buyer’s account shall become immediately due and payable. Buyer agrees to pay to HIRSCH PIPE & SUPPLY CO., INC. all costs of collection, including by not limited to reasonable attorney’s fees, third party collection fees, court costs, sheriff’s fees, bond costs, and lien costs incurred in collecting all money due HIRSCH PIPE & SUPPLY CO., INC. from buyer.
SECURITY INTEREST: Buyer grants and seller retains a purchase money security in the products hereunder until the net purchase price is fully paid, and all other obligations of the buyer are satisfied. Seller may exercise any and all rights and remedies to recover its security interest including, but not limited to legal action, application of mechanics lien laws, and/or repossession of material from Buyer’s premises or its agent’s.
ENTIRE AGREEMENT: This document constitutes the entire agreement between buyer and seller and supersedes all prior representations, warranties and understandings, whether oral or written, with respect to the terms of the sale responsibilities of HIRSCH PIPE & SUPPLY CO., INC. This document does not supersede any personal guarantees, Security Agreements, or the Terms and Conditions of any Application for Credit signed by buyer or its agents or representatives.
SAFETY INFORMATION: Some of the products sold by Seller may contain materials deemed potentially harmful under California State Legislation. Please consult the products labeling for details or contact your salesperson for more information.