Officer Storage Solutions
TERMS AND CONDITIONS
Effective January 14, 2023
Seller’s estimates are expressly conditioned upon your acceptance of each and every one of the terms stated herein, and this quotation, and any contract between Seller and Buyer, is expressly conditional upon adherence to these terms and no others. Seller hereby gives notice that it objects to, and rejects, any terms proposed by Buyer which differ in any respect from the terms set forth herein, and further objects to, and rejects, any additional terms proposed by Buyer. These terms and conditions replace all terms and conditions of Buyer’s Order and apply to this and all future orders.
1) Payment terms require a 60% deposit with the order, and the remainder payable 10 days after completion unless otherwise agreed to in writing. The deposit is due with the purchase order. Please note that our terms do not allow for retainage and payment to Officer Storage Solutions is not contingent upon payment from your customer. All unpaid amounts will be subject to a late payment fee of 1 1⁄2% per month. Buyer shall pay Officer Storage Solutions all costs of collection on past due amounts, including but not limited to, reasonable collection and attorney’s fees. If Buyer fails to fulfill the terms of payment on any order, Seller, in addition to all of its other legal and equitable rights and remedies, but not in limitation thereof, may defer all further shipments until such payments are made or may, at its option, cancel the order. Pricing is guaranteed by deposit for a period of 60 Days from the date the deposit is made. If the order is not released for production within the first 60 days by the buyer, the buyer will be responsible for any price increases that are put into effect by the manufacturer. This includes but is not limited to material price, freight costs and labor costs plus 10% O&P. The deposit is non-refundable.
2) Credit card payments are subject to a 3.0% processing fee based on the value of the order. Orders under $1000.00 will be charged a $50.00 packaging charge. Minimum order amount is $100.00. The amount of sales, excise or other taxes, if any, applicable to the goods covered by this invoice shall be added to the purchase price and shall be paid by Buyer unless Buyer timely provides Seller with an exemption certificate accepted by the taxing authorities. Prices on this quotation are good for 60 days from date of quote.
3) SELLER WARRANTS THAT THE GOODS ARE AS DESCRIBED IN THIS AGREEMENT. EXCEPT FOR A SEPARATE WRITTEN WARRANTY GIVEN BY SELLER WITH RESPECT TO CERTAIN OF ITS GOODS, SELLERMAKES NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER ANDEXCLUDED FROM THIS WARRANTY. No agent, employee or representative of Seller has any authority to bind Seller to any affirmation, representation or warranty concerning the goods sold under this agreement, and unless an affirmation, representation or warranty made by an agent, employee or representative is specifically included within this written agreement, it has not formed a part of the basis of this bargain and shall not in any way be enforceable by Buyer. Seller’s liability for breach of this warranty is limited to replacing the defective goods or refunding to Buyer the purchase price for that portion of the goods which are defective, whichever remedy Seller shall so select, and such remedy shall be Buyer’s exclusive and sole remedy.
4) All sales and quotations are FOB, manufacturing factory, unless otherwise stipulated in writing. All claims of whatever nature including, but not limited to, claims for shortage, deductions and defective goods, must be made in writing to Seller within fifteen (15) days of Buyer’s receipt of goods. Failure to comply with the aforesaid procedure shall constitute Buyer’s waiver of any such claim. Buyer must make all claims for damage or loss in transit to the transportation company. Any return of goods to Seller by Buyer must be authorized by Seller in writing. Seller will not be liable for Buyer’s claims of loss, damage, cost of repairs or incidental or consequential damages of any kind whatsoever, whether such claims are based upon warranty, contract or negligence or whether such claims arise in connection with the sale, use or repair of goods, which damages are hereby excluded and disclaimed. Seller’s delivery of the goods to carrier shall constitute delivery to Buyer. All risk of loss or damage in transit shall be borne by Buyer.
5) Compliance with State & Local Codes is the responsibility of the customer.
6) Stamped and Sealed drawings are not part of this quote unless specifically listed in the body of the quotation.
7) The lead time shown is based on the production schedule at the time of quoting. Lead times are subject to change without notice. If approval drawings are required, please add a minimum of 7-10 working days to the quoted lead time; lead times may be extended further due to market and supply chain conditions. Orders that are subject to permitting requirements will not be released for production until the Buyer secures the appropriate permits. The Buyer has the option to waive this requirement in writing and shall assume all financial responsibilities for modifying the order should it be required.
8) This agreement shall be deemed for all purposes to have been made in Texas and shall be governed by and construed in accordance with the laws of Texas. Any cause of action arising from this contract shall be brought only in a Texas court, which shall have sole jurisdiction over all controversies arising hereunder. Any action for breach of this contract must be commenced within two (2) years after the cause of action has accrued.
9) Unless otherwise specified herein, Seller reserves the right to make deliveries in installments. Delay in delivery of any installment shall not relieve Buyer of (i) its obligation to pay for all installments received prior to such delay and (ii) its obligation to accept remaining deliveries. Seller reserves the right, even after partial shipment on account of any order, to require satisfactory security from Buyer for performance of Buyer’s obligations. Buyer’s refusal to furnish such security will entitle Seller to suspend shipments until such security is furnished and will entitle Seller, at its option, to cancel the order. In such event, Buyer shall nevertheless be required to pay for such shipments as may have been received by Buyer prior to Seller’s cancellation of the order.
10) Seller’s failure strictly to enforce any terms or conditions of this agreement or to exercise any rights arising hereunder shall not constitute a waiver of Seller’s right strictly to enforce such terms or condition or exercise such right thereafter. Each right or remedy granted to Seller hereunder shall be deemed cumulative and may be exercised from time to time. Any waiver of Buyer’s default hereunder must be in writing and shall not operate as a waiver of any other default or of the same default thereafter.
11) Estimated man hours to install: Estimated hours for assembly or installation is based on historical information. Actual installation time may vary depending on job site conditions. Time estimate does not include receiving, unloading, transfer of material to site, clean up or atypical site requirements.
12) Seller’s offer may only be accepted by you by returning a copy of this quotation, signed by you, and evidencing your acceptance of these terms. By accepting any goods shipped by Seller, you agree that you are bound by the terms as stated herein, and no other, additional or different terms, regardless of whether you have signed this document.