Handles Unlimited®, INC. GENERAL TERMS AND CONDITIONS OF SALE
GENERAL. No other or different terms shall be binding on Handles Unlimited, Inc. unless specifically consented to in writing. Orders and acceptances must be in writing, and can be by mail, fax or e-mail.
- Handles Unlimited, Inc. will make every reasonable effort to fill all orders promptly. Handles Unlimited, Inc. shall have the absolute right to refuse any orders, and/or to cancel any orders.
- All prices are quoted in US dollars and shall be payable in US dollars. Prices are subject to change without notice. Only the price on the day of shipment is final.
- All prices are quoted ExWorks Warwick, Rhode Island, U.S.A. I.C.C. Incoterms 2000 definitions shall apply to all shipping terms used by Handles Unlimited, Inc., CUSTOMERS and DISTRIBUTORS.
- Full delivery by Handles Unlimited, Inc. shall be completed when the PRODUCTS subject to a specific order are placed in the possession of DISTRIBUTOR or CUSTOMER or the CARRIER of either one.
- CUSTOMERS AND DISTRIBUTORS shall be responsible for all freight charges, insurance, documentation, and similar expenses unless otherwise agreed. All bank related charges incurred when transferring payments are for the account of the CUSTOMER OR DISTRIBUTOR.
- Handles Unlimited, Inc. shall have the right to require prepayment of any orders or to require other payment arrangements as the case may be. Payment terms shall be stated on the Final Quotation.
- Special made to order products are not returnable under any circumstances, unless specifications are not met or products are defective. Orders may be cancelled or deliveries delayed only upon the condition that CUSTOMER or DISTRIBUTOR makes payment to Handles Unlimited, Inc. for all work completed and materials in stream, on said order up to the time of cancellation. No returns shall be accepted unless a Return Authorization is issued by Handles Unlimited, Inc. Returns for credit only are subject to a 25% restocking charge.
- Handles Unlimited, Inc. reserves the right to modify specifications without prior notice, as long as products remain functional for the same application.
- Handles Unlimited, Inc. reserves the right to overship or undership by 10% on all orders. No shortage claim will be honored unless made within 7 business days after receipt of goods.
- These terms and conditions shall be incorporated by reference into all Handles Unlimited, Inc. distributor and representative agreements. In the event of any inconsistencies, these terms shall control.
- It is agreed that Handles Unlimited, Inc. will not be liable for any damages resulting from non-delivery or late delivery of products.
Handles Unlimited®, Inc. STANDARD WARRANTY AND LIABILITY LIMITATION
Handles Unlimited, Inc. warrants that products shall be delivered free from defects for a period of ninety (90) days after the date of delivery of such articles to customer or distributor. The company makes no other warranty express, implied, nor statutory, including, but not limited to any warranty of merchantability, fitness for intended purposes, or compatibility with products not manufactured by Handles Unlimited, Inc. Customer assumes all risk, liability, and damage resulting from the use of the goods, whether used singularly, or in combination with other goods.
Upon failure of customer or distributor to submit any warranty claim within ninety (90) days after the receipt of such products or in the event that goods are subjected to misuse, negligence, alteration, improper use or operated contrary to Handles Unlimited, Inc. product literature this warranty shall cease. In the event customer or distributor timely submits a claim for breach of warranty, the parties agree that customer’s or distributor’s sole and exclusive remedies shall be limited to the repair or replacement of such defective articles. In no event shall Handles Unlimited, Inc. be liable for incidental or consequential damages.