Sales Freight and Warranty Terms
Prices. All prices are net prices. Market sensitive Commodity items will be priced according to current market conditions.
Notice of Shortages: We cannot allow claims for shortages unless reported within five (5) days of receipt of the products. No products may be returned without written authorization from BDI.
Sales Tax. BDI is required to charge applicable state and local tax on every item for which sales tax exemption certification has not been provided. When ordering please indicate clearly which items are tax exempt.
Payment Terms. For customers with established credit, terms are net thirty (30) days from date of shipment. If credit is not established, please include payment with order or purchase by cash or check or through Visa, Mastercard or American Express. Cash or anticipation discounts are not allowed. All payments must be in U.S. dollars. BDI shall have the right of set-off and deduction for any sums owed. If Customer fails to make payment within thirty (30) days, BDI may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped order.
Credit Balance. Customer agrees that any credit balance(s) issued will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE(S) REMAINING WILL BE SUBJECT TO CANCELLATION, AND BDI SHALL HAVE NO FURTHER LIABILITY.
Return and Refund Policy. All returns must have prior written approval by BDI. The approval for return of product will be at the discretion of BDI. Restocking or repackaging charges may apply. For products classified as ‘Special Order’, ‘Made to Order’, “Non-Cancelable” or was modified, fabricated, or adjusted in accordance to customer request, cannot be returned. Upon on approval of return, BDI will issue a ‘Return Goods Authorization’ (RGA) number that must accompany the return shipment. BDI will make reasonable efforts to finalize the return within 5 days of receipt of goods. Prior to any refund, BDI will inspect and determine final condition of the product which may result in the denial of the return of the product. The amount of the refund may be dependent on restocking charges, repackaging charges, or freight allowances. In all cases, BDI retains the right to reject, refuse, or exclude the return of any product.
Unless approved by BDI all freight special terms apply to shipments outside the continental United States. Contact local branch for further information. All freight charges or any extra charge incurred for additional services, such as customer's carrier or special handling at the destination, must be paid by the customer. Title and risk of loss pass to customer on delivery to the common carrier. If product is damaged in transit, customer must file claim with the carrier.
BDI LIMITED WARRANTY
Products are sold only with such warranties as may be extended by the manufacturer of the product. BDI makes no other warranty and THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS. IN NO EVENT ARE WE RESPONSIBLE FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, OR FOR MORE THAN THE ALLOCABLE PRICE OF THE DEFECTIVE PRODUCT. Buyer is responsible for installation and use in accordance with manufacturer's instructions. BDI employees are not authorized to alter this Warranty Policy. All sales are subject to our Standard Terms and Conditions of Sale unless other specific terms are expressly agreed upon.
DISCLAIMER: While dimensions in any product catalog are as accurately compiled as possible, no responsibility can be assumed for typographical errors. The right is also reserved to change dimensions without notice. Application and suitability of any product is solely at the risk and liability of the customer.
Prompt Disposition. BDI will make a good faith effort for prompt correction or other adjustment with respect to any product, which proves to be defective within warranty period. Before returning any product, immediately contact the BDI branch from which the product was purchased, giving date and number of original invoice, and describing the defect.
Product Suitability. Many localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While BDI attempts to assure that its products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, please review the product application, and local codes and regulations and be sure that the product, installation, and use will comply with them.
No Warranties to Consumers. BDI makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.
OSHA Hazardous Substance & California Proposition 65 Product Information. Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances and a list of products known to the State of California to cause cancer or reproductive harm are available at your local BDI branch, or by contacting BDI, 8000 Hub Parkway, Cleveland, Ohio 44125, U.S.A. The information and recommendations contained on the MSDS supplied by the manufacturer are considered to be accurate and reliable. BDI, however, makes no warranty with respect to the accuracy or reliability of the information or the suitability of the recommendations. BDI disclaims any and all liability to any user thereof.
Fair Labor Standards. BDI certifies that all of its operations are in compliance with all applicable requirements Of the Fair Labor Standards Acts and the regulations and orders of the U.S. Department of Labor.
Force Majeure. BDI shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, labor disruptions, shortages, inability to procure product, supplies or raw material, severe weather conditions, or any other circumstances or cause beyond the control of BDI in the conduct of its business.
Cancellation. Any cancellations must be approved by BDI and may be subject to restocking and other charges.
Assignment. Customer shall not assign any order or any interest therein without consent of BDI. Any actual or attempted assignment without BDI's prior written consent and shall entitle BDI to cancel such order upon notice to customer.
Electric Date Interchange. If BDI and customer have mutually agreed to use an Electronic Date Interchange (EDI) system to facilitate purchase and sale transactions, customer agrees: that it will not contest (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. BDI and customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use proper security procedures to protect EDI records from improper access. The business records maintained by BDI regarding EDI purchases made by customer shall be controlling.
Modification of Terms. BDI's acceptance of any order is subject to customer's assent to all of the terms and conditions set forth in BDI's documentation, and purchaser's assent to these terms and conditions shall be presumed from purchaser's receipt of BDI's acknowledgement, or from purchaser's acceptance of all or any part of the goods or services ordered. No addition or modification of terms and conditions shall be binding upon BDI unless agreed to by BDI in writing. If a purchase order or other correspondence contains terms or conditions contrary to the terms and conditions contained in BDI's acknowledgement, BDI's acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by BDI of any of the term and conditions contained in BDI's acknowledgement.
Complete Agreement. The terms and conditions in BDI's forms, acknowledgements, invoices, quotations, and catalog sales terms and conditions, are incorporated herein by reference and constitute the entire and exclusive agreement between purchaser and BDI.
Materials of Trade. I certify that I am purchasing the material(s) as "material of trade" as defined in the Hazardous Materials Regulations in Title 49 of the Code of Federal Regulations. I intend to use the material(s) in direct support of my principal business (which is not transportation), and I do not intend to resell the material, or transport them in a vehicle other than my own.
Waiver, Choice of Law and Venue. The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition that will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Ohio, excluding conflict of law rules, and venue shall be in Cuyahoga County, State of Ohio.
No Third Party Benefit. The provisions stated above are for the sole benefit of the parties hereto and confer no rights, benefits or claims upon any person or entity not a party hereto.