Terms & Conditions of Sale
The following Terms & Conditions apply to Coleman Cable, Inc. and its subsidiaries including Oswego, Copperfield, Woods and Woods Industries (Canada) Inc.
All orders are accepted by Seller subject to these terms and conditions. Acceptance of Buyer's order is limited to the express terms contained on the face and the back hereof. Additional or different terms in Buyer's Purchase Order or any attempt by Buyer to vary in any degree any of the terms of this acceptance shall be deemed material and are objected to and rejected. Any special terms or conditions noted on the face of Seller's quotation on which this order is based are incorporated herein by reference, and made a part hereof as though specifically set forth herein.
These terms and conditions will not be amended, modified or rescinded except by written agreement signed by an authorized official of each party expressly referring hereto.
Seller reserves the right to correct clerical and stenographic errors appearing on its quotations, acknowledgements, etc.
2,000 pound shipment is required for prepaid shipments.
Payment terms are Net 30. Invoices are due net 30 days from date of the invoice without discount. In the event payment of any invoice is not made when due, seller shall charge the Buyer late charges of (1 ½%) per month on the unpaid balance plus costs of collection, including attorney's fees and court costs.
Prices, including those in any published price schedule, are subject to change without notice. Prices will be adjusted to those in effect at time of shipment unless otherwise noted on the face hereof.
Except to the extent provided in the Payment paragraph above, no credit shall be extended to Buyer except as approved by Seller.
1. All products are delivered F.O.B. Coleman Shipping Dock. Unless otherwise specified in Seller's published price lists in effect at time of shipment, transportation expenses shall be paid by Buyer, and Seller shall ship as it sees fit unless otherwise instructed in writing by Buyer. In any event, risk of loss shall pass to Buyer upon Seller's delivery to the carrier.
2. Seller shall not be liable for any failure to perform occasioned by or due to causes beyond its reasonable control, including, but not limited to, acts of God, acts of Buyer, restrictions imposed by Federal, state or other governmental unit, fires, strikes, or other labor disputes, flood epidemics, war, riots, delays in transportation, or any other contingency beyond its reasonable control. Seller may, in the event of shortages of supply caused for any reason whatsoever, allocate available supply among any of all purchasers of the products being sold, as it determines in its discretion.
1. Seller expressly warrants for 1 year from date of shipment that its products will be free from defects in material and workmanship under proper and normal use.
2. THE ABOVE LIMITED WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OF IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3. Seller's obligation under this warranty shall be limited to the repair of, or at its option, the replacement of any defective products, or parts thereof, not to exceed the original purchase price. Shipment of the defective products must be made to Seller, or some pre-designated location as authorized by Seller, freight prepaid. This warranty does not extend to any labor charges for removal and/or replacement of the non-conforming of defective product or part thereof. SELLER SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, NOR FOR ANY EXPENSE OR EXPENSES BEYOND THE ACTUAL COST OF REPAIR OR REPLACEMENT OF PRODUCT UNDER THIS WARRANTY.
An order may be canceled by Buyer only upon written request, and written authorization by Seller, and upon payment of a reasonable cancellation fee. The reasonable cancellation fee will be determined by Seller and will reflect, among other factors, expenses already incurred and commitments made by Seller, sales and administrative overhead, and profits.
Unless otherwise stated on the face hereof, Seller's prices do not include any federal, state or local sales, use, excise or similar taxes. Consequently, in addition to the price specified herein, the amount of any present or future sales, use excise, or other similar tax applicable to sale of the goods hereunder, or to the use of such goods by Seller or the Buyer, shall be paid by Buyer.
No products purchased may be returned without Seller's prior written authorization. Only standard catalogue products purchased in the previous 12 months and regularly carried in Seller's active warehouse stock are eligible for return and credit. Where Seller authorizes Buyer to return unused products, a charge of (25%) of the net selling price will be charged as a restocking charge. Credit will be issued for only those products that pass the re-qualification test. Authorized returns should be shipped, freight prepaid and at Buyer's risk, to Seller in their original cartons.
A net minimum order of $500.00 is required.
Carriers are responsible for products lost or damaged in transit. In case of loss or damage to goods in transit, Buyer shall immediately notify the carrier or its agent in writing of such loss or damage and shall do all things necessary to assert and prosecute a claim against the carrier for such loss or damage.
A quantity variation of plus or minus ten percent (10%) shall be allowed unless otherwise specified on the face hereof. Copper fabrication weights can vary three percent (3%) from order specifications and/or industry standards and Buyer hereby acknowledges and accepts variations within said range and agrees that Buyer shall have no claim or right of return or rejection on account thereof.
This order shall be governed by and construed in accordance of the State of Illinois, exclusive of the choice of law rules thereof, and shall not be governed by the provisions of the U.N. Convention on Contracts for the International Sale of Goods, 1980. The parties hereby consent to jurisdiction in the federal and state courts of and for the State of Illinois sitting in the City of Chicago, Illinois.