TERMS & CONDITIONS
STANDARD TERMS AND CONDITIONS OF SALE
UNLESS OTHERWISE AGREED TO IN WRITING, THE FOLLOWING APPLY TO ALL SALES, EXEPT PRODUCT SALES NOTED AS "ALL SALES FINAL", WHICH WILL NOT BE COVERED UNDER WARANTY
1. WARRANTY. SELLER warrants that any product of its manufacture, which upon examination is found by a SELLER'S representative to be defective in either workmanship or material under normal use and service, will be, at SELLER'S option, repaired or replaced free of charge, excluding transportation charges, or have the purchase price refunded at the SELLER’S discretion, provided that SELLER receives written claim specifying the defect within one hundred and eighty(180) days from the date of sale. In no event shall SELLER be liable for any claims, whether arising from breach of contract or warranty or claims of negligence or negligent manufacture, in excess of the purchase price. ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR USE ARE HEREBY DISCLAIMED. The foregoing expresses all of SELLER'S obligations and liabilities with respect to the quality of items furnished by it, and it shall under no circumstances be liable for consequential, collateral, or special losses or damages.
2. ORDER ACCEPTED BY SELLER
a. All orders received from BUYER are subject to acceptance by SELLER.
b. Terms and conditions on the BUYER'S order form, at variance with terms and conditions stated herein, are binding upon SELLER only if specifically accepted by SELLER in writing.
c. Orders accepted by SELLER cannot be cancelled by BUYER except with SELLER'S written consent and upon terms that will indemnify SELLER against loss.
3. SAMPLES. In the event samples are furnished to BUYER, SELLER will not assume any liability in connection with the furnishing or use thereof and there will be no agreement of warranty collateral to, or affecting, the furnishing of such samples.
4. PRICE AND PAYMENT.
a. Unless otherwise stated, legal delivery and prices are F.O.B. SELLER'S business address and prices do not include transportation charges.
b. Taxes Not Included in Price: Except where otherwise prohibited by law, all sales, excise, use or similar taxes or charges by the federal, any foreign, or any state or local government, which SELLER may be required to pay or collect, shall be in addition to price stated and shall be paid by BUYER, unless valid exemption certificate is furnished therefore.
c. Payment: All accounts are payable in advance of shipment.
a. Shipping Dates: Shipping dates are approximate only and are subject to change.
b. Unforeseen Delays: SELLER shall not be liable in damages or otherwise for delays or failure in performance when caused by circumstances, of every nature and description and however arising, beyond SELLER'S reasonable control. In the event that SELLER is unable due to any such occurrence or otherwise, to fulfill its total commitments to all customers, BUYER agrees to accept as full and complete performance by SELLER, deliveries in accordance with such plan or proration as SELLER may adopt.
c. Packaging: SELLER will provide commercial packaging, adequate under normal conditions, to protect the goods in shipment and identify the contents. Should BUYER request any special packaging, it will be done at BUYER'S expense.
d. Routing: All goods will be shipped via the cheapest or most expeditious means of transportation under the circumstances, unless BUYER indicates otherwise. If BUYER provides no routing instructions, SELLER shall be the sole judge of the best method of routing shipment.
e. Claims: Claims for loss or damage in transit must be entered and prosecuted by the BUYER.
6. INSPECTION. SELLER will inspect all goods prior to shipment and such inspection will be adequate to meet SELLER'S standards for dimensional and visual characteristics.
7. REJECTIONS AND RETURNS.
a. Notification to SELLER: BUYER will be deemed to have inspected and accepted any shipment under this contract if, within five (5) days after BUYER'S receipt of goods, BUYER has not notified SELLER in writing that such goods are rejected and the grounds therefor.
b. Return of Goods: No goods may be returned by BUYER for any reason without SELLER'S prior written approval.
8. SPECIAL DAMAGES. Neither BUYER nor SELLER shall make any claims for special consequential damages.
9. PATENT INFRINGEMENT. Should the goods furnished by SELLER be of such a nature that the design therefor is supplied by BUYER, or should the goods be labeled or marked with a trademark or trade name requested by BUYER, the BUYER agrees to defend SELLER in any action, either civil or criminal, brought against SELLER by any third party, for the infringement or misuse of any such patents or trademarks, and BUYER further agrees to hold SELLER harmless from any damage or loss resulting therefrom.
10. GENERAL PROVISIONS. It is agreed that there is no other contract in force between BUYER and SELLER and no alterations shall be binding unless agreed to in writing by SELLER. Should SELLER by any words, acts or writing, waive or be deemed to have waived any of the provisions of this agreement, or should SELLER fail to insist upon performance by BUYER of one or more of the terms herein, such action or failure on SELLER'S part will in no way be deemed to imply or constitute a waiver of any other terms contained in this agreement.
11. EXPORT CONTROLS . The commodities, materials and related information covered by this invoice are subject to the export control laws of the U.S. The purchaser/distributor shall not knowingly sell, export, transfer or dispose of, whether directly or indirectly, the commodities, materials, and related information covered by this invoice to countries, destinations, or end users that are prohibited under U.S. law. Further, the purchaser/distributor shall not commit to any order placed by or for any firm which is disallowed under U.S. law. Any orders originating from, or which will result in delivery to, prohibited individuals or entities located within or controlled by any country subject to restrictions under U.S. export control laws, may not be filled without the prior authorization and approval of the U.S. government.
LIMITED WARRANTY: Bone Dry Supplies, LLC (“BDS”) warrants to the original purchaser on any product manufactured by BDS that it will repair or replace any warranted product in case of defects in workmanship or material or failure to conform with this warranty, unless noted as "All Sales Final", which will not carry any warranty (sold as is). The period of Limited Warranty is one hundred and eighty (180) days from the date of purchase. Defective products will be repaired or replaced, at the option of BDS, without charge, provided said product is returned to BDS at the purchaser’s expense. BDS reserves the right to refund the actual purchase in lieu of repair or replacement.
This limited warranty is exclusive and in lieu of all other warranties, expressed or implied, including warranties of merchantability and fitness for a particular purpose and BDS shall not be liable for any incidental or consequential damages of any nature whatsoever. BDS reserves the right to change product designs and specifications without prior notice or liability.
WHO IS COVERED: This Limited Warranty is available only to the original purchaser of the product and is not transferable. Customer must provide a copy of the original invoice and submitted with product return.
EXCLUSIONS FROM COVERAGE: Repair or replacement of product required because of act of God, misuse, abuse, improper care or storage, negligence, alteration, accident, erratic voltages, unauthorized repair, exposure to water, fire or floods, as determined by BDS..
LIMITATIONS OF LIABILITY: The preceding paragraphs set forth the exclusive remedy for all claims based on failure of, or defect in, products sold hereunder, whether the failure or defect arises before or during the warranty period, and whether a claim, however instituted, is based on contract, indemnity, warranty, tort (including negligence), strict liability, implied by statute, common-law or otherwise. BDS, its officers, members, employees, servants and agents shall not be liable for any claims for personal injuries or consequential damages or loss, howsoever caused. Upon the expiration of the warranty period, all such liability shall terminate.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY. NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY. BDS DOES NOT WARRANT ANY PRODUCTS OR SERVICES OF OTHERS.
GOVERNING LAW: This Limited Warranty shall be governed by the laws of Monroe county in the state of New York, U.S.A.
IN NO EVENT SHALL BDS BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
The above constitutes the sole warranty offered by BDS.
PRIVACY & SAFETY
What information do we collect?
We collect information from you when you register on our site or place an order. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or phone number. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience (your information helps us to better respond to your individual needs)
To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
To process transactions
To send periodic emails
The email address you provide for order processing, will only be used to send you information and updates pertaining to your order. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.