Purchase Terms & Conditions
Privacy & Legal Notices
The following Standard Purchase Order Terms and Conditions (“Terms”) only apply to transactions that do not have a written agreement, duly executed by both parties. If there is such an agreement, then those terms shall be the terms that govern the transaction and relationship of the parties.
The purchase and sale of Goods and/or Services pursuant to a Purchase Order (including any repaired or replacement Goods provided, or any Services reperformed, by Supplier thereunder) are subject to the terms and conditions of a written agreement signed by both Buyer and Supplier under which Buyer submits a Purchase Order, or, in the absence of such signed written agreement, the Terms (as defined in Section 2 below). To the extent there is a conflict between the terms of a written agreement signed by both parties or the Terms, the terms of the written agreement shall govern.
Acceptance and Agreement
These terms and Conditions (“Agreement”) supersede all other agreements, oral or written, and all other communications between the parties suggesting additional or different terms. This agreement represents the final and complete understanding of the parties and may be amended or canceled only by written agreement signed by both parties. This Agreement expressly limits acceptance to these terms; no order shall have any force or effect until acknowledged in writing by Seller; and any proposal for additional or different terms or any attempt by Buyer to vary in any degree any of the terms hereof is hereby deemed material and is objected to and rejected. No Terms of any document or form submitted by Buyer shall be effective to alter or add to the terms and conditions in this Agreement. Unless otherwise stated herein, Buyer’s receipt of any portion of the goods (“Goods”) shall constitute acceptance of this agreement, unless Buyer immediately returns all such Goods.
Prices, terms and products are subject to change without notice. This price list supersedes all others previously published. This price list is only valid for Seller’s authorized distributors. Seller has right to change pricing at time of shipment in addition to the time of order.
Terms
All payments are due net 30 days from invoice date. All orders are subject to credit approval and acceptance by Tucker Safety Products. No discounts shall be taken except as specifically allowed in writing by Seller. No price is final until time of shipment.
International orders “Cash In Advance” (CIA) or net 30 days with approved credit.
Placing Orders
Minimum order size is $250 (USD) or $600 (USD) for international orders. Split shipments are processed as separate orders. Shipping and handling charges are applicable to all orders. All orders must be submitted in writing to orders@tuckersafety.com or faxed to 719-527-1499.
Made To Order or Custom Products
All “made to order” or “custom” products require a minimum order quantity and are non-cancelable. Lead times and minimum order quantities will be quoted at the time the order is placed.
Unit of Measure (UOM)
If the Buyer intends to sell product other than UOM on published price list, the product must be re-labeled with the country of origin, material content and manufacturer name (Tucker Safety Products, Inc.).
Taxes
Prices do not include any sales, use, excise, privilege, or other taxes or assessments how or hereafter imposed or levied by or under the authority of any federal, state or local law, rule or regulation.
Freight: Delivery
Prices are FOB Seller’s Factory (Colorado Springs, CO). All risk of loss or damage to Goods shipped hereunder shall pass to Buyer upon delivery to Buyer, to its designated agent or to a carrier for delivery to Buyer, whichever occurs first. We cannot accept responsibility for damage or delay by the carrier. All shipping and delivery dates are estimates. Seller shall not be liable for any claim, loss, expense or damage of any kind whatsoever for delays in delivery.
Warranties and Limitations On Warranties
THESE ARE SELLER’S ONLY WARRANTIES. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED.
IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING OUT OF THIS TRANSACTION.
Inspection
Buyer shall inspect the Goods as soon as possible, but at least within five days after receipt, and Buyer shall immediately notify Seller in writing of any claims that the Goods do not conform to the description in Seller’s quotation or order confirmation, that the Goods are in any way defective or that Buyer is rejecting the Goods.
Returns
Returns are only accepted with prior authorization from Seller. Return authorization claims due to errors in shipping, Seller’s order entry or distributor ordering must be made within 30 days. Returns are authorized at Seller’s discretion for goods that are saleable condition and are less than six months old. Made to order, discontinued or custom products are not returnable for credit. All returns must have the return goods authorization number on the boxes. Returns are subject to a 15% restocking fee and must be shipped prepaid. Damage claims and shortages must be recorded on the delivery receipt at time of delivery in order to be considered. Seller is not responsible for damage to Goods after they have been accepted by Buyer or its agents.
Force Majeure
Seller shall not be liable for any delay in or failure of performance hereunder due to any contingency beyond its reasonable control.
Default
If Buyer is in default or commits a breach of any of the provisions of this Agreement, Seller shall have, in addition to all other rights it may have, the right to cease work hereunder immediately.
Indemnification
Storage
In absence of agreed shipping dates, Seller shall have the right to invoice Buyer and ship the Goods once they are ready for shipment. If Buyer is unwilling to accept shipment of the Goods on the agreed shipping date or as provided in the prior sentence, Seller may, at its option, place them in storage and bill Buyer for the storage charges. In such case, risk of loss shall pass to Buyer when the Goods are placed in storage, and the date the Goods are placed in storage shall constitute the date of shipment for purposes of beginning the warranty period.
Miscellaneous
Buyer shall not assign this Agreement without Seller’s prior written consent. This agreement shall be construed in accordance with the laws of the State of Colorado. No delay or omission in the exercise of any right, power, or remedy hereunder shall impair such right, power or remedy or be considered to be a waiver of any default or acquiescence therein.
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If you have any questions about our Purchase Terms and Conditions, please contact us at info@tuckersafety.com, or by mail addressed to:
Tucker Safety Products
Attn: Purchase Terms and Conditions
804 Garden of the Gods Road
Colorado Spring, CO 80907