Terms of Sale—
THESE TERMS OF SALE GOVERN YOUR PURCHASE OF ANY PRODUCT OFFERED BY PUMPSTATIONPARTS.COM. PLEASE READ THESE TERMS OF SALE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
BY PLACING AN ORDER WITH PUMPSTATIONPARTS.COM, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND HAVE AGREED TO BE BOUND BY THESE TERMS OF SALE, WITHOUT LIMITATION OR QUALIFICATIONS. THESE TERMS OF SALE ARE SUBJECT TO MODIFICATION WITHOUT PRIOR WRITTEN NOTICE AND AT ANY TIME IN PUMPSTATIONPARTS.COM’s SOLE DISCRETION.
1. Definitions: All references in this document to “We”, “Us”, “Our”, or “Seller” shall include PUMPSTATIONPARTS.COM and / or any parent, subsidiary or affiliate of PUMPSTATIONPARTS.COM (including any division of the foregoing) whether or not performing any or all of the scope hereunder or specifically identified herein. All references to “You”, “Your”, or “Buyer”, shall include all parent(s), subsidiaries and affiliates of the entity placing the order. Buyer and Seller may be referred to individually as a “Party” and collectively as “Parties”.
2. Terms: Our terms and conditions apply to all orders. We do not accept any deviations from these terms. If your PO or other correspondence lists terms that are different from ours, we may process your order, but we do not accept the terms. We reserve the right to change our terms and conditions of sale at any time and without prior notice. All orders are subject to acceptance by us at our company headquarters.
3. Security Interest: We maintain a security interest in our products. This means we reserve the right to repossess any equipment for which we have not been paid. This includes products which have already been shipped to an end customer, either individually, or as part of a machine or process.
4. How to Order: Order using the shopping cart on our website @ PUMPSTATIONPARTS.COM, or call us at 1-800-414-0677. Visa and Mastercard are accepted. All credit card transactions must be approved prior to shipment. Our business hours are 8:00 PM to 5:00 PM, Eastern Time Zone, Monday through Friday. For fax orders, our number is 502-633-0733.
5. Company Address and Phone Numbers:
610 Old Mountain Eden Road
Shelbyville, Ky. 40065
PUMPSTATIONPARTS.COM is a wholly owned subsidiary of ProPump & Controls, Inc.,
18950 County Hwy 5 West, East Dubuque, Illinois. 61025.
6. Prices: Market price fluctuations and occasional errors make it necessary for us to reserve the right to change prices without notice. Prices quoted via letter or email expire and become invalid if not accepted within 30 calendar days from the date of issue, unless we have otherwise noted in writing. Price extensions, if made, are for your convenience only, and they, as well as any mathematical, stenographic or clerical errors, are not binding on Seller. Prices shown do not include any sales, excise, or other governmental tax or charge payable by Seller to any federal, state or local authority. Any taxes now or hereafter imposed upon sales or shipments will be added to the purchase price, and Buyer shall reimburse Seller for any such tax or provide Seller with an acceptable tax exemption certificate. All prices and other terms provided to Buyer shall be kept confidential except to the extent a Party is required by law to disclose. All prices are in US dollars.
7. Payment: Visa and Mastercard are accepted. If you wish to apply for a credit account, please contact our office, using the phone number above, for a credit application. Credit account terms are Net 30 days, unless otherwise agreed to in writing. All payments shall be in US dollars. Any account over 30 days past due is subject to interest charges of 1.5% per month on the unpaid balance, where allowable by law, as well as attorney’s fees, court costs,and other cost of collections. In the event a check is returned to us by our bank, a $25 fee will be added to your account.
8. Shipping: Orders are shipped FOB PUMPSTATIONPARTS.COM warehouse, or factory, by most efficient means available, unless stated otherwise. Freight charges will be added to invoices for open account customers. UPS and Fedex orders can by charged to your own account by supplying your account number when ordering. Separate freight charges may apply if an order contains items which ship from multiple locations. We shall not be liable for delay or default in delivery resulting from any cause beyond our reasonable control. including, but not limited to, governmental action, strikes or other labor troubles, fire, damage or destruction of goods, wars (declared or undeclared), acts of terrorism, manufacturers’ shortages, availability or timeliness of transportation, materials, fuels, or supplies, and acts of God.
9. Delivery: The F.O.B. point for all shipments shall be our store or warehouse, and all responsibility and costs of shipping and delivery beyond the applicable F.O.B. point shall be borne by Buyer. Title and risk of loss shall pass to you at the applicable F.O.B. point, which for goods not delivered in our own vehicles, shall be when we, or our supplier, delivers the goods to the common carrier. Partial shipments are permitted at our discretion.
10. Damage Claims: We take great care in filling, checking, and packing orders, but on rare occasions a package is damaged or lost in shipment. Please inspect all deliveries promptly. If damage is evident, you should refuse to accept the shipment. If shipped via truck, state shortage or minor damage on bill of lading, then call customer service. If damage or shortage was concealed, call PUMPSTATIONPARTS.COM immediately upon discovery of damage or shortage to report it. All claims for shortage of goods or for loss or damage to goods shall be waived unless you have given us written notice fully describing the damage or shortage within 10 calendar days after receipt of the short or damaged shipment.
11. Returned Goods: Contact Customer Service prior to returning merchandise for a Return Authorization number. Products must be returned in original boxes in like-new condition, with all product accessories included. Products without return authorization numbers, original serial number, or other original markings may not be returned, exchanged, or warranted. After 30 days, items are not returnable except for repair or replacement in accordance with the manufacturer’s warranty policy. Special order items, certain electronic components which have been used, and hazardous materials are not returnable.
12. Professional Use Only: The items on our website are intended to be used by professionals in commercial and industrial applications. Supplemental training, permits, or licenses may be needed to use some of the items offered for sale. Many items on our website can be harmful if used improperly. We strongly recommend reading and following the manufacturer’s warnings, instructions, and procedures carefully. To minimize the risk of potential safety problems, you should follow all applicable local and national codes which regulate the installation and operation of your equipment. These codes vary from area to area, and usually change with time. It is your responsibility to determine which codes should be followed, and to verify that the equipment, installation, and operation is in compliance with the latest revision of these codes. At a minimum, you should follow all applicable sections of the National Fire Code, the National Electrical Code, and the codes of the National Electrical Manufacturers Association (NEMA).
Equipment damage or serious injury to personnel can result from failure to follow all applicable codes and standards. We do not assume any responsibility for your product design, installation, or operation.
13. Indemnification: Buyer shall indemnify, defend, and hold Seller its officers, directors, employees and agents harmless from any and all costs (including attorneys’ and accountants’ fees and expenses), liabilities and damages resulting from or related to any third party (including Buyer’s employees) claim, complaint and/or judgment arising from Buyer’s use of any goods furnished hereunder, as well as any negligent, intentional, or tortious act or omission of Buyer or any material breach by Buyer of these Terms.
14. Warranty Disclaimer: PUMPSTATIONPARTS.COM has made a diligent effort to illustrate and describe the products on this website accurately; however such illustrations and descriptions are for the sole purpose of identification, and do not express or imply a warranty that the products are merchantable, or fit for a particular purpose, or that the product will necessarily conform to the illustrations or descriptions.
15. Limited Warranty: ProPump & Controls, Inc., dba PUMPSTATIONPARTS.COM, does not provide any warranty for the goods it supplies, but shall pass through any transferable manufacturer’s standard warranties. ProPump & Controls, Inc. excludes and disclaims all other express and implied warranties, including, but not limited to, all implied warranties of merchantability and fitness for a particular purpose. To the extent not prohibited by applicable law, in no event, whether in contract, warranty, indemnity, tort, (including but not limited to, negligence), strict liability or otherwise, shall ProPump & Controls, Inc. or its affiliates be liable for (a) any incidental, indirect, punitive, special, consequential, or similar damages, even if such damages were foreseeable or caused by ProPump & Controls, Inc., b) any claim that properly is a claim against the manufacturer, or (c) any amount exceeding the amount paid for the goods that are the subject of such claims. All claims must be brought within one year of accrual of a cause of action. Any change in product specifications, quantities, destinations, shipping schedules, or any other aspect of the scope of goods must be agreed to in writing by Seller, and may result in a price and delivery adjustment by Seller. No credit for goods returned by Buyer shall be given without Seller’s written authorization. All returns are subject to a restocking charge.
16. Buyer shall not export or re-export, directly or indirectly, all or any part of the goods or related technology obtained from Seller under these Terms except in accordance with applicable export laws and regulations of the U.S. Further, a Buyer that is a non-U.S. company or citizen shall similarly limit any export or re-export activity to that which would be deemed compliant with U.S. export laws and regulations if performed by a U.S. company or citizen.
17. This Agreement, Buyer’s account, and the business relationship between Buyer and Seller shall be governed by and construed in accordance with the laws of Illinois, without regard to conflicts of laws rules, and specifically excluding the UN Convention on Contracts for the International Sale of Goods. The Parties agree that any legal action arising under or related to this Agreement shall be brought in Jo Daviess County, Illinois, and any right to object to such venue or to assert the inconvenience of such forum is hereby waived.
18. The invalidity or unenforceability of all or part of these Terms and Conditions of Sale will not affect the validity or enforceability of the other terms. The parties agree to replace any void or unenforceable term with a new term that achieves substantially the same practical and economic effect and is valid and enforceable.