Acceptance of Terms:
This sale of Products by SAE Products® to Buyer is subject to these terms and conditions. Any offer or acceptance by SAE Products® is expressly limited to these terms and conditions and SAE Products® rejects any additional, different or conflicting terms and conditions set forth in any purchase order or other document issued by Buyer. No waiver or amendment to these terms and conditions shall be binding on SAE Products® unless made in writing and signed by SAE Products®. Buyer’s acceptance of Products constitutes acceptance of these terms and conditions.
All prices and minimum order requirements are subject to change without notice; and the price of products on order but unshipped will be adjusted to the price in effect at the time of shipment. All products are bulk priced and bulk packaged unless otherwise specified.
Freight On Board (F.O.B)::
All shipments are made F.O.B. Conway, South Carolina, unless drop shipped at the sole discretion of SAE Products®, or by directive from the customer. Freight is billed either Freight Collect, 3rd party Collect or Prepay and Add.
SAE Products® reserves the right to over-ship or under-ship the order quantity of all items by 10% as a result of our production processes, unless otherwise directed in the order acknowledgement.
Cancellations and Returns:
Orders for regularly stocked items may be cancelled at no charge if SAE Products® is notified before the order is shipped. Custom products (manufactured to special non-stock design) may not be cancelled or returned under any circumstances. Returns shall be considered within 30 days of invoice date with the written approval of SAE Products® and a Returned Goods Authorization (R.G.A) number. A restocking charge of 35% is applied to all authorized returns due to customer error. Buyer shall be responsible for all shipping charges and shall assume all risk of loss or damage in transit to products returned to SAE Products®.
Prices, photos, tolerances and specifications are subject to change without notice. SAE Products® reserves the right to correct errors in Quotes, Order Acknowledgement, or Invoice.
Delivery, Delay, and Shortage:
Shipment of products is subject to availability of SAE Products® inventory and, while SAE Products® shall make all commercially reasonable efforts to comply with estimated delivery times, no particular shipment or delivery date is guaranteed and SAE Products® shall not be liable in any manner for failure to make delivery by any particular time. Title and risk of loss or damage in transit shall pass to the Buyer upon delivery of products to the Buyer or carrier, as the case may be. SAE Products® reserves the right to make delivery in installments; and all installments, when separately invoiced, shall be paid for when due. Delay in delivery of any installment shall not relieve Buyer of its obligations to accept remaining deliveries. Claims for shortages and other errors must be made within (5) days after receipt of shipment. Failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Buyer.
With approved credit, the terms of payment for each order of Buyer shall be net cash (U.S. Dollars) in thirty (30) days from the date of SAE Products® invoice. All payments not received within thirty (30) days of the invoice date shall bear interest at the rate of one and one-half percent (1.5%) per month and shipments on credit will not be made if any invoices have not been paid within forty-five (45) days of the invoice date. Orders paid via credit card are subject to a 4% credit card processing fee.
Buyer shall bear the cost of all import duties, manufacturer’s tax, retailer’s occupation tax, use tax, sales tax, value added tax, excise tax, duty, or charge of any nature whatsoever imposed on or measured by the transaction between Seller and buyer in addition to the prices quoted or invoiced; and in the event Seller is required to pay any such tax, duty or charge, buyer shall immediately reimburse Seller the amount so paid.
SAE Products® will exercise care with customer property while it is under the organization’s control or being used. SAE Products® will identify, verify, protect and safeguard customer property provided for use or incorporation into the product. If any customer property is lost, damaged or otherwise unsuitable for use, SAE Products® will report this to the customer and maintain records. NOTE: Customer property includes intellectual property and personal data
SAE Products® guarantees to correct by replacement or credit (no refunds), at our option, any defect in material or workmanship which develops under normal and proper use for a period of 12 months after delivery to the original purchaser, or as otherwise agreed upon in writing. All such material must be returned to SAE Products® at buyer’s expense, unless otherwise agreed upon in writing. We will not assume any expense or liability for repairs or modifications made outside our facilities. Claims for shortages must be made within 5 days after receipt of order. Stock items are not returnable after 30 days, non-stock items are non-returnable. A 35% restocking fee is applied for stock items returned. SAE Products® is not responsible for damage caused to any associated instruments, equipment, or apparatus nor shall we be held liable for monitory, loss of profit, or other special damages. This warranty shall not apply to defects resulting from unauthorized modification, attachment
alteration, abuse, misuse, accident, improper installation, improper configuration, operation outside environmental or operational specifications, or any other cause not the fault of SAE Products®. Post-delivery support will be provided as applicable for: a) collection and analysis of in-service data, b) actions to be taken, including investigation and reporting, when problems are detected after delivery, c) control and updating of technical documentation, d) approval, control and use of repair schemes, and e) controls required for off-site work (e.g., organization’s work undertaken at the customer’s facilities). There is no other guarantee or warranty or liability except as stated expressly.
Purchase Order Terms and Conditions:
The terms and conditions stated herein constitute an agreement between SAE Products® and their vendors. By accepting a purchase order from SAE Products® you agree to the purchase order terms and conditions.
SAE Products® shall not be responsible nor liable to Buyer for any delay in performance or non-performance directly or indirectly caused by or resulting from acts of God, flood, fire, accident, war, riot, government intervention, strikes, embargoes, labor difficulties, equipment failure, unavailability of or delays in transportation, inability to procure materials, late deliveries by suppliers or any other cause or circumstances beyond SAE Products® control.
Limitation Of Liability:
In no event shall SAE Products® be liable to Buyer with respect to any sales or products, whether under theories of contract, tort, indemnity, product liability, strict liability or otherwise, for any lost profits or special, consequential, incidental, punitive or exemplary damages, even if SAE Products® has been apprised of the likelihood of such damages occurring.
Governing Law and Jurisdiction:
This agreement shall be governed by, and construed in accordance with, the laws of the State of South Carolina. Any dispute arising from this agreement shall be subject to the jurisdiction, and Buyer consents to such jurisdiction and venue, of the courts within the State of South Carolina.
This agreement may be amended only in writing, signed by an authorized representative of each party. In the event the end user is not the purchasing party (direct Buyer), end user agrees to and is subject to the terms and conditions contained in this document.