1. PRICE AND PAYMENT
The price is valid for orders delivered within the continental United States and does not include any applicable governmental taxes or other charges. Purchaser shall pay any of these taxes or other charges. Unless otherwise quoted by Seller, all prices are F. O. B. Seller’s plant, Elk Grove Village, Illinois. Purchaser shall reimburse Seller for all costs and expenses, including, but not limited to, attorney’s fees and court costs incurred in collecting any amounts due.
2. COMPLETION AND DELIVERY
Seller shall have no liability to Purchaser, or any third party, for any loss, damage or expense from any delay or failure of performance due to any cause beyond the control of Seller, including, but not limited to, fire, strike, accident, war conditions, government regulation or restriction, shortages in transportation, power, labor or material, freight embargo, riot or civil commotion, default of the supplier or prohibitions or events which render performance difficult or impossible. Delivery of goods to a carrier by Seller FOB. Seller’s plant, Elk Grove, Illinois, consigned to Purchaser or its order, as Purchaser may direct, shall be complete delivery to Purchaser, as well as transfer to Purchaser, of title, ownership and possession of and to the goods. Purchaser assumes risk of loss, damage or shortage in transit and shall be responsible for pursuing all claims with carrier or carrier’s insurance. Purchaser shall provide Seller with written notice of any loss or damage within five (5) days of receipt of the goods. Unless otherwise specifically agreed by the Seller, Purchaser shall install all goods, and Seller shall hear no expense of installation.
3. LIMITED WARRANTY
For a period of six (6) months from the date of installation, Seller warrants that the parts and workmanship of the goods received shall be free from defects. All claimed defects in the equipment must be made in writing within the earlier to occur of the end of the warranty period or thirty (30) days of the discovery of the defect. Seller reserves the right to repair or replace the goods, and the decision to repair or replace the goods shall be solely within the discretion of Seller. This warranty shall be void if the Purchaser or the Purchaser’s agent shall make any repairs or replacements to the goods without the written consent or direction of Seller. This warranty shall be void in the event that the goods are not properly maintained or are utilized beyond specifications.
The Purchaser will ship to the Seller, with transportation and insurance charges prepaid, all goods claimed to be defective and covered under this warranty. Such goods or their replacement will be returned to the Purchaser F.O.B Seller’s plant, Elk Grove, Illinois. Purchaser shall bear all costs of dismantling, shipping, reassembling, reinstalling and reprogramming the goods, before and after repair or replacement by seller.
NOT WITHSTANDING ANY PROVISION OF THESE TERMS AND CONDITIONS, THE WARRANTY CONTAINED IN THIS PARAGRAPH 3, AS LIMITED IN IT, IS THE ONLY WARRANTY EXTENDED BY SELLER IN CONNECTION WITH ANY SALE BY IT AND IS EXTENDED TO PURCHASER ONLY AND NOT TO ANY SUCCESSIVE BUYERS, USERS, THIRD PARTIES OR EMPLOYEES, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Seller’s obligations under these Terms and Conditions, upon breach of warranty or other provision, shall be limited, at Seller’s election, to the repair or replacement of goods or the crediting to the Purchaser of an amount not to exceed the purchase price of the goods.
Any action for breach of warranty or other provision must be commenced in the Circuit Court of Cook County, Illinois, within one (1) year after the cause of action has accrued.
5. LIMITATION OF DAMAGES
IN NO EVENT SHALL SELLER HAVE ANY LIABILITY WHATSOEVER FOR PAYMENT OF ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR TORT DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT.
6. PURCHASER RESPONSIBILITY – INDEMNITY
A. Purchaser assumes and shall bear sole responsibility for providing adequate and efficient safe grounds, work-handling tools and safety devices necessary to provide a safe workplace and to protect fully all personnel from bodily injury or death which otherwise may result from the use, operation, setup or maintenance of the goods. Compliance with the Occupational Safety and Health Act, and the regulations adopted under it, and with other prevailing federal, state and local codes and industry-accepted standards, is the responsibility of Purchaser. Seller shall bear no responsibility whatsoever for the failure of Purchaser to order, install or use safeguards, work-handling tools or safety devices. Purchaser shall establish and require all persons who use, operate, set up or maintain the goods to use, all proper and safe operating procedures, including, but not limited to, procedures set forth in any manuals or instruction sheets relating to the goods. Purchaser shall not remove or modify any devices, warning signs or manuals furnished with or installed upon or attached to the goods.
B. Purchaser releases all actions (including, but not limited to, any action for injury to or death of any person or damage to property) arising out of the manufacture, sale, use or operation of the goods which Purchaser may have at any time against Seller or its agents or employees. Purchaser covenants to indemnify and hold harmless Seller and its agents and employees of, from and against any and all loss, damage, expense (including reasonable attorney’s fees), claims, suits or liability which Seller or any of its agents or employees may sustain or incur at any time, for or by reason of any injury to or death of any person or damage to any property, arising out of any claimed or actual breach by Purchaser of Purchaser’s undertaking under Paragraph 6.A or any acts primarily attributable to the conduct of Purchaser or its employees and agents, including, but not limited to, the negligence or reckless conduct of Purchaser’s employees or agents, Purchaser maintenance of the goods, Purchaser’s addition to or modification of the goods, or Purchaser’s use of the goods in an inappropriate manner.
C. Purchaser shall notify Seller promptly, in writing, and in all events within ten (10) days after its occurrence, of any accident or malfunction involving any goods which results in injury to or death of persons, including Purchaser’s agents and employees, or damage to property, including Purchaser’s property, or the loss of use of any property, and Purchaser shall cooperate fully with Seller in investigating and determining the cause of any such accident or malfunction.
Installation and service are available from the Seller at the Purchaser’s request under the terms and conditions then in effect. When installation or service is requested, the Purchaser will pay Seller the regular installation and service charges, full transportation charges, travel time and living expenses of the Sellers representative.
8. GENERAL PROVISIONS
A. This Agreement shall be construed pursuant to the Laws of the State of Illinois.
B. The decision as to whether to extend the credit to any Purchaser is solely within the discretion of Seller, and will be made by Seller’s credit department solely on the basis of information available to Seller.
C. The validity of any segment of these Terms and Conditions shall in no way operate to invalidate any other portion and, except for the invalid segment, the entire balance of these Terms and Conditions shall be and remain in full force and effect.
D. No waiver of performance required by Purchaser shall be valid unless in writing signed by a duly authorized officer of Seller. No waiver of a specific action shall be construed as a waiver of future performance.
In order to facilitate the receipt and processing of goods returned to D&K Group, Inc., whether under warranty or returned for repair, adjustment, or replacement, the following Returned Goods Policy and Procedure has been established:
All products returned to D&K Group, Inc. for any reason must have a Returned Material Authorization (RMA) number. An RMA number may be obtained from the Customer Service Department by calling 800-632-2314 and is valid for ninety (90) days from date of issue. Have the following information ready: company name, location, or purchase order number (if known), list of items to be returned by item number, quantity, price and reason for return. If the return is approved, an RMA will be issued listing the exact contents for return, together with the reason (i.e. warranty adjustment, customer repair, order error, etc.). The RMA number must appear on the outside of the carton for any items or packages returned to D&K Group. All returns must be sent prepaid. Freight Collect shipments will not be accepted. Items returned without authorization will be subject to a 20% processing fee. No Return Authorization will be issued for obsolete, imprinted, or custom items.
PACKAGING OF RETURNED GOODS
D&K Group is not responsible for damages in transit due to improper packaging. For equipment returns, please use the original D&K packaging when sending back the product. If you require packaging, please contact Customer Service and we will provide factory packaging at a nominal charge. Include the RMA number on your packing slip to the address indicated on the RA. Mark each carton with the RMA number and indicate the number of cartons being returned (i.e. 1 of 2, 2 of 2). UNMARKED CARTONS WILL CAUSE A CREDIT DELAY.DO NOT RETURN MERCHANDISE TO CORPORATE HEADQUARTERS.
After inspection, all products less than one year old returned for credit will be processed and repackaged, less a 15% restocking charge. Any products that are obsolete or are over one year old are not eligible for return or credit.
If a product is returned because of a defect, D&K Group will repair or replace the product at D&K Group’s option in accordance with our published warranty policy. A product out of warranty returned for repair will be repaired in accordance with the approved repair estimate. Defective materials will require an inspection before credit is issued.
If you receive a product that you did not order, contact Customer Service within 30 days of invoice date to request a Return Authorization.
SHORT/DAMAGED IN TRANSIT
Merchandise damaged in transit is the responsibility of the freight carrier. Sign the freight bill damaged or short and refuse the damaged portion of the shipment. Carefully examine the cartons and product. Concealed damage must be reported to the freight carrier within 15 days. Immediately contact Customer Service with the details of the shortage or damage (obvious or concealed) and D&K Group will file a claim with the carrier.
Additional inquiries regarding D&K Group’s Return Goods Policy and Procedures should be addressed to the Customer Service Supervisor at 800-632-2314.