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®
Unless otherwise agreed to by Del City in writing, the following
terms and conditions (“Agreement”) apply to all purchases of
Products. By placing an order for Products, you accept and
agree to be bound to this Agreement. If you have placed an
order, but do not wish to be bound to this Agreement, then you
must either (i) promptly cancel such order in accordance with the
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DEFINITIONS.
“Del City” means Del City, a business unit
of Power Products,. “Buyer” or “you” means you and/or any
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includes Standard Products and Special Products. “Standard
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for a Buyer, and (ii) are available to the general public for
purchase from Del City. “Special Products” are products that
(i) are not a Standard Product, (ii) are a custom product or a
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or especially for a Buyer, or (iii) have been marked or labeled
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ORDERS.
All orders are subject to acceptance by Del City,
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where applicable. Del City reserves the right to supply less than
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notice. All orders shall be deemed to be fully accepted by Buyer
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fourteen (14) days of the invoice date of such order.
PRICES.
All orders for Standard Products will be invoiced at
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at the time of shipment. All prices are subject to change without
notice and are subject to shortages in materials or resources
and increases in the cost of manufacturing. Taxes and shipping
and handling charges are not included in Product prices. Unless
otherwise agreed to by Del City in writing, all costs, fees and
expenses associated with the shipment of Products or the
insurance of such products while in transit shall be paid by
Buyer, and will be calculated and added to the order prior to
shipment.
TAXES AND FEES.
All taxes, assessments, fees, and charges
applied or imposed by any government relating to the sale,
delivery, shipment or use of Products will be added to the
purchase price of Products and will be paid by Buyer, except to
the extent that Buyer provides Del City with an acceptable tax
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Note:
For shipments to Illinois, Del City does not collect tax on
freight; however, applicable sales tax on freight charges are paid
by Del City to the state of Illinois.
Use Tax Notice:
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collect sales or use tax in certain states, such as Kentucky.
Buyer may be subject to use tax under applicable state law
unless the purchase is exempt from taxation; however, a
purchase may not be exempt merely because it is made over the
Internet, by catalog, or by other remote means. Certain states
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property that are not taxed by Del City and pay use tax on such
purchases unless exempt under applicable law. Residents of
Kentucky and other states where use tax rules may apply should
refer to their state’s sales and use tax laws for more information.
DELIVERY.
Unless otherwise agreed to by Del City in writing,
all orders will be delivered FOB shipping point. Scheduled
shipping dates are estimates, and subject to change without
notice. Unless otherwise agreed to by Del City in writing, actual
delivery dates are not of the essence. Del City will have no
liability to Buyer or any third party with regard to any delay in
delivery, regardless of the reason.
CANCELLATION POLICY.
No orders which have been
received by Del City may be cancelled or revised by Buyer
except with Del City’s prior written consent and upon payment
of reasonable cancellation charges compensating Del City for
all costs incurred in work done and material purchased. Del City
reserves the right (i) to determine what constitutes reasonable
cancellation charges, and (ii) to cancel any order at any time if
Buyer becomes insolvent or is in breach of any applicable law
or any term of this Agreement. Orders for Special Products are
non-cancellable.
TITLE AND RISK OF LOSS.
Title to each order for Products
shall pass from Del City to Buyer upon Del City’s tender of such
order to the initial carrier. Loss or damage that occurs during
shipping shall be Buyer’s responsibility. Acceptance of an order
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Del City for delay, damage or losses arising from such order.
CREDIT AND PAYMENTS.
Payment terms are net 30 days.
Visa, MasterCard, American Express and Discover/Novus
payments are accepted. No charges will be made to your
credit card until the product has been shipped. All payments
must be in U.S. dollars. Invoices are due and payable within
the time period noted on Buyer’s invoice, or if not noted, then
within thirty (30) days, measured from the date of the invoice.
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continuing credit approval by Del City. Del City reserves the right
to withdraw credit at any time and for any reason. Del City may
invoice parts of an order separately or may invoice purchases of
Products in one invoice.
OVERDUE ACCOUNTS.
Timely payment for all invoices is of
the essence. Del City reserves the right to charge Buyer a late
penalty of 1.5% per month applied against undisputed overdue
amounts, or the maximum rate permitted by law. Del City shall
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any sums owed from Del City. If Buyer fails to make payment in
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City may, without any liability to Buyer, defer shipments until
such payment is made, or may, at its option, cancel all or any
part of the unshipped order. Buyer shall be liable to Del City
for all collection expenses, including reasonable attorney’s fees
and court costs, incurred by Del City in attempting to collect any
amounts due from Buyer.
CREDIT BALANCES.
Unless otherwise agreed to by Del
City in writing, Buyer must use any credit balances that have
been issued by Del City within one (1) year of issuance. IF
NOT APPLIED OR REQUESTED WITHIN SUCH PERIOD, ANY
BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION,
AND DEL CITY SHALL HAVE NO FURTHER LIABILITY WITH
RESPECT THERETO.
CORRECTIONS.
Del City is not responsible for pricing,
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such errors.
SPECIAL PRODUCTS.
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for Special Products must be mutually agreed upon in a written
document signed by both parties. Orders for Special Products
are non-cancellable and nonreturnable. If Buyer rejects any
delivery of Special Products, in whole or in part, Buyer is still
liable for the full purchase price of such order.
RETURN POLICY.
Subject to certain restrictions, new,
unused, and unopened Standard Products may be returned
to Del City after receiving a Return Merchandise Authorization
(RMA) from Del City (“Authorized Returns”). To obtain an RMA,
contact your Del City Buyer Service Representative. Authorized
Returns received more than 30 days after initial delivery are
subject to a minimum 20% restocking fee. Authorization
will not be given for the return of Products (i) which are
discontinued Products, (ii) which were not invoiced within the
previous twelve (12) month period, or (iii) which are Special
Products. Unauthorized returns may be refused and\or returned
freight collect. Authorized Returns must be in their original or
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City in writing, Buyer is responsible for risk of loss and shipping
and handling fees for Authorized Returns. The “Return Value”
for Authorized Returns shall be the lesser of (i) the prevailing fair
market value of such products at the time the RMA is issued
or (ii) Buyer’s original purchase price for the products, adjusted
for bundling and promotional pricing, if applicable. The Return
Value shall be paid in the form of a credit to Buyer’s account to
be used for future purchases of Products. Special Products and
discontinued Standard Products are nonreturnable.
DISCONTINUED PRODUCTS.
Del City may modify or
discontinue Products at any time without prior notice to Buyer.
A change in a Product may occur after a Buyer places an order
but before Del City ships the Products. As a result, the Products
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Standard Products are nonreturnable.
TERMS AND CONDITIONS OF SALE