Any proposal or offer to sell from 1stSource Products, Inc.™ (1SP, 1stSource) is subject to the terms and conditions listed below:
To establish an account with 1stSource, a credit application must be completed and submitted for approval and a credit limit established. A minimum of three (3) positive credit references must be confirmed by 1SP before a credit application will normally be approved. Upon approval, purchases may be made to the set limit in accordance with the payment terms noted below. 1SP reserves the right to change credit limits at any time based on the customer’s payment history.
The most recent published price will supersede all previous prices unless agreed upon in writing by 1SP.
There is no minimum order amount.
All taxes are the responsibility of the purchaser. No sales, use, retailer’s occupation, service occupation, service use, or any other form of taxation will be borne by 1stSource Products, Inc™.
Authorized customers in good standing may purchase products on open account up to their established credit limit. Standard payment terms are Net 30 Days. On orders of higher value ($10,000 or more) a down payment and progressive payment terms will be required. Invoices unpaid and past due will be subject to a service charge on the unpaid balance at an interest rate equal to the lesser of two percent (2%) per month or the maximum allowable interest rate by law. The Buyer shall be responsible and liable for all expenses incurred by the Seller in collection, including reasonable attorneys’ fees.
All published product weights are approximate.
Product specifications are subject to change without notice.
Any order that is changed at any time after the purchase order is entered is subject to an added charge and a delay in scheduled production/delivery. The charge will vary, depending upon the completion stage of the order.
At the time of change, the revised price and/or production/delivery schedule must be agreed upon before the change order will be implemented.
1stSource Products, Inc.™ will attempt to meet the original schedule if possible.
Any verbal change order must be confirmed in writing as soon as possible. If a verbal change order is not confirmed in writing, 1stSource will not be responsible for any incorrect shipments made.
All cancellations must be submitted in writing. A verbal cancellation of an order must be confirmed in writing as soon as possible. If a verbal cancellation is not confirmed in writing, 1stSource Products, Inc.™, will not be responsible for any incorrect shipments made.
Cancellation of an order for standard components is subject to a charge to be determined at the time of cancellation.
Cancellation of an order for non-standard components is subject to a charge to cover all labor and materials used by 1stSource Products, Inc.™, for those particular components.
Payment for any cancellation charges are due immediately upon notice of cancellation.
Any return of product will require a Return Material Authorization (RMA) number before it will be received by 1stSource Products, Inc™.
A request for an RMA number may be verbal or in writing. Upon approval, an RMA number with instructions for returning the material will be either faxed or sent via E-mail to the customer. This form must accompany the returned material.
Items must be received within 15 days of authorization.
All items returned must be sent with the freight pre-paid. 1stSource Products, Inc.™ will not be responsible for any freight charges on returned items.
Standard products that are returned are subject to a 20% restocking charge. These items must be in ‘as new’ condition and will be subject to inspection. Any rework that may be required to get the returned products in ‘as new’ condition will be charged to the customer.
Non-standard components are not returnable.
All prices listed are F.O.B. from the ship point. All orders are shipped prepaid with freight added to the invoice unless other arrangements are made by the customer.
All standard components will normally ship within two (2) weeks after receipt of order and credit approval.
All shipments of stock items are subject to prior sale.
1stSource Products, Inc.™ will use either common freight carriers or UPS to ship all orders unless otherwise requested.
It is the responsibility of the consignee to thoroughly inspect the shipment upon arrival for any damages or shortages. This should be done prior to signing the delivery receipt or freight bill. If damages or shortages are noted, a record of this must be made on the freight bill while the truck driver is present in order to have a viable claim with the freight company.
If damages to the equipment have occurred during shipment, it is the responsibility of the consignee to accept the shipment and file the proper claim with the carrier. 1stSource Products, Inc.™ will not accept refused, damaged shipments returned by the freight company.
In no event shall the Seller be liable to the Buyer for any special, indirect, incidental or consequential damages arising out of, or as the result of, the sale, delivery, non-delivery, servicing use or loss of use of the products or any part thereof, or for any charges or expenses of any nature incurred without the Seller’s written consent, even though the Seller has been negligent. In no event shall the Seller’s liability under any claim made by the Buyer exceed the purchase price of the products in respect of which the damages are claimed.
The Seller shall not be liable for any default or delay in performance if caused, directly or indirectly, by Acts of God: way: force of arms: fire: the elements: riot: labor disputes: picketing or other labor controversies: sabotage: civil commotion: accidents: any governmental action, prohibition or regulation: delay in transportation facilities: shortage or breakdown of or inability to obtain or non-arrival of any labor, material, or equipment used in the manufacture of the Products: failure of any party to perform any contract with the Seller relative to the production of the Products: or from any cause whatsoever beyond the Seller’s control, whether or not such cause be similar or dissimilar to those enumerated. Seller shall promptly notify the Buyer of the happening of any such contingency and of the contemplated effect thereof on the manufacture and delivery of the Products.
1stSource Products, Inc.™ shall not be liable for and shall have no duty to provide insurance against any damage or loss to any goods or materials of the Buyer which are used by 1SP in connection with this order. Where any product is manufactured from patterns, plans, drawings, or specifications furnished by the Buyer, the Buyer will indemnify 1stSource against and save 1stSource harmless from all loss, damage and expense arising out of any suit or claim against 1stSource for infringement of any patent, trademark, or copyright because of the Buyer’s manufacture of such Product or because of the use or sale of such Product by any person. Upon 1stSource’s request, the Buyer shall appear in and assume the defense of the litigation.
Seller’s Specifications, Technical Data, Etc.:
Any specifications, drawings, plans, notes, instructions, engineering notices or technical data of 1stSource furnished to the Buyer shall be deemed incorporated herein by reference to the same as it is fully set forth. 1SP shall at all times retain title to all such documents, and the Buyer shall not disclose such to any party other than 1stSource or a party duly authorized by 1SP. Upon 1stSource request, the Buyer shall promptly return to the Seller all such documents and copies thereof.