Terms of Sale
STANDARD CONDITIONS OF SALE
All sales by TURNER SUPPLY COMPANY are subject to the following standard conditions:
- Payment Tems: Invoice amounts are due and payable at Turner Supply Company's main office within thirty (30) days of invoice date.
- Finance and Collection Charges: All past due accounts shall be charged with a FINANCE CHARGE computed as a PERIODIC RATE OF 1.5% PER MONTH, WHICH IS AN ANNUAL PERCENTAGE RATE OF 18% ON PAST DUE ACCOUNTS, If it becomes necessary to place any past due account in the hands of an attorney for collection, all costs, expenses and reasonable attorney's fees will be charged in addition. Purchaser agrees to be responsible for the full payment of all such finance and collection charges, including reasonable attorney's fees.
- Regarding Warranties and Remedies: EXCEPT AS MAY OTHERWISE BE SPECIFIED IN THIS PARAGRAPH 3, TURNER SUPPLY COMPANY MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WHETHER IN TORT, CONTRACT, BY STATUTE OR OTHERWISE. AND PARTICULARLY MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WHATSOEVER, IN REGARD TO ANY PRODUCTS SOLD BY TURNER SUPPLY COMPANY. Many of Turner Supply Company's products are sold subject to the terms of the applicable warranty of the manufacturer of said product and, to the extent legally permissible, Turner Supply Company does hereby pass on or assign the manufacturer's warranty, if any, to the Purchaser, but this passing on or assignment shall not be construed as a warranty given or issued by Turner Supply Company, nor shall the provisions of this sentence be construed as any warranty or representation by Turner Supply Company that any given product will carry with it the warranty of the manufacturer thereof. In the event a product is sold without the availability of any manufacturer's warranty whatsoever, then and in such event if within 30 days from the date of delivery any such product is determined by Turner Supply Company to be defective, Turner Supply Company may, at its option, replace the defective product or refund the purchase price to the Purchaser, but under either option the full measure of Turner Supply Company's liability shall be the purchase price paid to Turner Supply Company for the defective product. The Purchaser's sole and exclusive remedy hereunder is expressly limited to the manufacturers warranty or to the replacement of defective products or refund of the purchase price, as specified above, as the case may be. and any claims for other loss or damage of any type, including, without limitation, loss of profits or revenues, down time, demurrage, detention, labor costs, repair costs, installation of replacement material, inconvenience, cost of rental or replacement equipment, failure of equipment to operate for any period of time, other economic or commercial loss, or direct, immediate, special, incidental, indirect or consequential damages, are expressly excluded.
- Terms of Sale: No returns will be authorized for credit without a preapproved, written RGA. Custom and special order products are not returnable unless special exception has been made with the factory for return. All returns are subject to a restocking charge. If you are not sure if your product is custom or special, please verify in writing before placing your purchase order.
- Other Matters: The "Trade Practices" appearing in the most recent catalog published by Turner Supply Company are expressly made a part of these Standard Conditions of Sale as though fully set forth at length herein. Any conflict between the Standard Conditions printed herein and the "Trade Practices" shall be resolved in favor of these Standard Conditions.
- Entire Agreement: The above terms, together with those set forth on the face of the invoice and such others as may be agreed to by Turner Supply Company in writing, constitute the entire agreement for the sale of any products hereunder, irrespective of any language or different terms contained on any purchase order or order form sent to Turner Supply Company.