TERMS AND CONDITIONS
DEPOSITS – Pittcon Industries requires a minimum 1/3 non-refundable deposit on all non-stock items prior to the processing of the order.
RETURNS - Credit will be issued on returns of stock items that are made within 30 days after being authorized in writing by Pittcon. There will be a restocking fee on all returns. Custom orders cannot be returned.
PAYMENT AND FINANCE CHARGES – Payment in full is due at 6409 Rhode Island Ave., Riverdale, MD no later than 30 days after invoice date, regardless of whether or when Buyer receives payment from its customer. Pittcon does not consent to the withholding of any retainage from payments due to it, regardless of whether Buyer is subject to retainage from its customer. A finance charge of 18% per annum will be charged for accounts in arrears. Pittcon, at any time and at its own discretion, reserves the right to set and/or adjust the credit limit for any customer. Pittcon reserves the right to stop shipments if the customer has unpaid balances that are either past due or beyond their credit limit. Pittcon may apply payments received to any outstanding customer balance.
ACCELERATION - Should Pittcon discover incorrect data on the Buyer's application for credit, or any other detrimental information concerning the Buyer, then Pittcon shall be entitled to immediate payment on all invoices.
RISK OF LOSS - The risk of loss for all material purchased by Buyer shall pass to Buyer upon pick-up of material from Pittcon for delivery to Buyer. All freight damage and shortages must be noted on delivery receipt. Freight claims are the responsibility of the Buyer.
BUYER CLAIMS - Claims for defective materials or shortages shall be waived and released by Buyer unless Pittcon is notified in writing within five (5) business days of delivery.
CANCELLATION - Should any order be cancelled by the Buyer for any reason, Buyer shall then be responsible for damages in the amount of the greater of: (1) the Deposit; or (2) all costs incurred by Pittcon, including but not limited to, Project Management, Labor, Materials and any other costs to date associated with the processing of the order.
ADDITIONAL CHARGES - Orders that are not released into our production schedule within 30 days of the bid date may result in additional charges and lead-times, due to possible increases in raw material costs, material availability, metal surcharges and shop schedule in effect at that time. Pittcon Industries will secure material costs upon receipt of a 1/3 non-refundable deposit. Pittcon Industries reserves the right to revise the freight charges on any order at the time of shipment.
Pittcon reserves the right to invoice all orders that are not shipped within 5 days after notifying customer of completion. In addition, minimum storage charges of $100.00 per month apply to all orders not shipped within 10 days of completion.
LIMITATIONS ON WARRANTIES, LIMITATIONS ON DAMAGES AND LIMITATIONS ON REMEDIES -
(a) Pittcon will replace its products discovered to contain a manufacturing defect in the materials or workmanship within a period not to exceed one year from the date of delivery to Buyer. Buyer must notify Pittcon in writing, within five (5) business days from the date of discovery, of any manufacturing defect in the material or workmanship of a Pittcon product.
(b) The foregoing warranty is in lieu of all other warranties, express or implied, in fact or by operation of law, including any warranty of merchantability or fitness for a particular purpose. Pittcon makes no warranties, expressed or implied, including warranties as to merchant ability or as to the fitness of the merchandise for any particular use or purpose, and shall not be liable for any loss or damage, directly or indirectly, arising from the use of such merchandise or for consequential damages. Any statement made by an employee or the representative of Pittcon Industries about any product that is inconsistent or in conflict with the express provisions of the foregoing warranty is not binding on Pittcon unless reduced to a written document signed by a duly authorized officer of Pittcon.
(c) Pittcon shall not be liable for incidental, consequential, or special damages of any kind arising out of the sale, installation, and the use of its products or for any delay in shipments. At its sole option, upon being notified of a defect in its product, Pittcon may elect to replace or repair its product or to refund the purchase price paid for the product. In no event shall Pittcon be liable for any amount greater than the purchase price of the product.
(d) The foregoing warranty does not extend to products that have been modified or defects that are caused by improper handling, storage, or installation of the product. The warranty also does not extend to damage caused by normal wear or use, improper care or maintenance, failure to follow instructions on installation or use. Pittcon disclaims responsibility for loss or damage caused by the use of its products.
RESOLUTION OF DISPUTES - All disputes arising from or relating to a credit agreement or purchase of products by Buyer from Pittcon shall be governed by the laws of the State of Maryland. Buyer agrees that, in any dispute arising from or relating to a credit agreement or purchase of products by Buyer from Pittcon, Buyer consents to and shall be subject to the exclusive jurisdiction of the courts of Maryland. Should Pittcon prevail in any action to collect any amount due under the Credit Agreement, Buyer agrees to pay, in addition to any damages awarded to Pittcon, the greater of (a) all of Pittcon's attorneys' fees and costs of suit; or (b) 25% of all damages and costs of suit. All undisputed amounts that are due must be paid within the established payment terms between the customer and Pittcon Industries.
SEVERABILITY - In case any provision contained herein shall for any reason be held to be invalid, illegal or unenforceable, it shall not affect any other provisions and it will be considered as if it had never been contained herein.
PITTCON'S RIGHTS - Pittcon abides by and retains all the rights given to it under the Uniform Commercial Code. Typographical and facsimile transmission errors are subject to correction.
THESE TERMS AND CONDITIONS MAY NOT BE CHANGED EXCEPT IN WRITING SIGNED BY AN AUTHORIZED OFFICER OF PITTCON. 02/24/10