Sale of any products or services is expressly conditioned on Buyer’s assent to Seller’s Terms and Conditions of Sale described on its website at www.tripleasupplies.com. Any acceptance of Seller’s offer is expressly limited to acceptance of these Terms and Conditions of Sale and Seller expressly objects to any additional or different terms proposed by Buyer. Any order to perform work and Seller’s performance of work shall constitute Buyer’s assent to these Terms and Conditions of Sale. Below is a description of Seller’s Terms and Conditions of Sale only as they relate to product returns and warranty.
Buyer may return any good which Seller stocks and which is not a special order item if:
- it is in new condition, suitable for resale in its undamaged original packaging and with all original parts; and
- it has not been used, installed, modified, rebuilt, reconditioned, repaired altered or damaged. All returns are subject to a re-stocking fee, unless overwise agreed to by Seller. Special orders or non-stock goods may be returned if the manufacturer is willing to accept the return and Buyer agrees to reimburse Seller for any restocking or cancellation fees charged by the manufacturer.
INSPECTION AND ACCEPTANCE
Buyer shall examine all goods upon receipt and prior to installation. All claims for damage, shortage, and errors in shipment or improper delivery must be made to Seller in writing within five (5) business days of delivery, after which date Buyer will be deemed to have accepted the goods and will have no right to reject the goods or to revoke acceptance. Buyer must make any claims for billing errors or adjustments to Seller in writing within ten (10) business days from the invoice date. Claims not received in writing within such period of time will be waived by Buyer.
WARRANTIES AND LIMITATION OF LIABILITY
- Private Label Goods: Unless otherwise specified in the product specifications, Seller warrants title to the goods and that for a period of twelve months after delivery to Buyer, Seller’s Private Label Goods and exclusively remedy for non-conformity with these warranties shall be repair or replacement for the non-conforming goods at Seller’s expense, or refund of he purchase price for non-confirming goods returned during the warranty period.
- Other Goods: Seller warrants only title to the goods sold to the Buyer. All other warranties are those extended by the product manufacturer. Seller assigns to Buyer to obtain repair, replacement, or other applicable remedy for a breach of warranty made known to Seller during warranty period.
- Seller warrants that all Services provided by Seller shall be performed in a professional and workmanlike manner with qualified personnel.
- Warranty Exclusions: These warranties shall be void if there has been misuse, accident, modifications, unsuitable physical or operating environment, improper maintenance, storage or installation of the goods. SELLER DISCLAIMS AL OTHER EXPRESS OR IMPLIED MERCHANTS, INCLUDING BUT NOT LIMITED TO IMPLID WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR USE OR A PARTICULAR PURPOSE EVEN IF KNOWN BY THE SELLER. SELLER MAKES NO REPRESENTATION, WARRANTY, OR PROMISE THAT THE PRODUCTS OR SERVICES WILL CONFORM TO ANY APPLICABLE LAWS., ORDINANCES, REGULATIONS, CODES OR STANDARDS, INCLUDING BUT NOT LIMITED TO LOW LEAD OR LEA FREE LAWS OR REGULATIONS, EXCEPT AS SPECIFIED AND AGREED TO IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF SELLER. EXCEPT IN THE EVENT OF DAMAGE CAUSED BY SELLER’S NEGLIGENCE, UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, LIQUIDATED OR CONSEQUENTIAL DAMAGES CLAIMED BY BUYER OR ANY THIRD PARTY RELATED TO A BREACH OF WARRANTY OR ANY OTHER NON-CONFORMITY OF THE GOODS OR SERVICES.