DELIVERIES
Delivery dates are estimates only and time shall not be of the essence unless specifically provided by Seller in writing. Seller will not have any liability for loss or damage resulting from a delay in a scheduled delivery or for non-delivery resulting from labor trouble, part or material shortages, accident, fire, war, strike, natural disaster, carrier delays or any contingency whatsoever (whether of the same class of those enumerated or otherwise ) beyond its reasonable control. Buyer assumes all freight, handling and installation costs and the risk of loss or delay in transit. Seller will assist Buyer with transit arrangements, but Seller shall be free of any liability in connection therewith. Title to all materials and products sold by Seller shall pass to Buyer upon delivery to the carrier and Seller’s responsibility ceases at that time. Risk of loss, injury, or destruction of the products shall be borne by the Buyer and any such loss, injury or destruction shall not release Buyer from payment of the purchase price.
INSPECTION
Buyer must inspect all materials for shortages, damages, conformity with order and defects before signing any documentation requested by the carrier. Buyer must immediately complete such inspection and shall not accept delivery of goods that are damaged or not in accordance with the bill of lading or packing slip without proper notification to the carrier and Seller. If goods are damaged, defective, shorted or appear not to conform to the order, Buyer shall discontinue their use and immediately notify the carrier and Seller of such condition and afford a reasonable opportunity to inspect the same. Buyer shall make, or provide Seller in writing with all information necessary to make, a claim against such carrier for any shortage, damage, or discrepancy of the shipment within five (5) days after receipt of the goods. Claims or written information thereon not so presented within five (5) days after receipt of the goods will not be allowed. No products will be taken back and credited or replaced unless arrangements for their return have been made in compliance with Seller’s Return Policy stated below. SEE THIS LINK FOR INFORMATION ON HOW TO FILE A FREIGHT CLAIM.
PRODUCT SATISFACTION
In the event Buyer is not fully satisfied with the quality or workmanship of a product purchased hereunder, Seller in its sole discretion may arrange either to credit Seller’s account (excluding shipping and handling costs) or replace the product. However, Buyer must notify Seller in writing of its dissatisfaction within five (5) days of receipt of the product from Seller. Buyer also must return the rejected product to Seller freight paid within thirty (30) days of its receipt in compliance with Seller’s Return Policy stated below. Seller’s obligation is limited to providing the applicable credit or product replacement, which will be processed only after receipt of the returned product. In addition, this Product Satisfaction policy does not apply to specially designed, discontinued, used, factory second or repaired products.
LIMITED WARRANTY
Seller warrants to the initial purchaser only of products manufactured by it that such products are free from defects in materials or labor for varying periods depending on the particular product and subject to the limitations and conditions set forth herein. Seller’s stainless steel products are warranted to be free from such defects for their normal useful life. Seller’s mechanical and electrical products, parts, devices and components (including such parts, devices and components of stainless steel products), and other non-stainless steel products are warranted to be free from such defects for only one year. Seller disclaims any express or implied warranty for products not manufactured by Seller and the only warranty available therefor to Buyer is that offered by the products’ manufacturers. The warranty period shall run from the date of delivery to Buyer. If within the applicable warranty period a product proves to be defective as described herein, Seller will repair or replace the product, at Seller’s sole discretion, conditional upon Buyer’s written notice of the defect within five (5) days after its discovery. Upon receipt of Buyer’s notice including substantiation of Buyer’s status as the initial purchaser and details of the defect, Seller shall advise Buyer whether it plans to repair or replace the product. Seller’s obligation is solely limited to repair or replacement of a defective product and in no event shall Seller be liable for transportation from or to Seller’s offices or any other expense which may arise in connection with this Limited Warranty or the aforementioned Product Satisfaction policy. SELLER MAKES NO OTHER WARRANTY OR GUARANTEE OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS, AND/OR MERCHANTABILITY. THE ABOVE LIMITED WARRANTY CONSTITUTES OUR ONLY WARRANTY AND NO PERSON OR ENTITY IS AUTHORIZED, ON BEHALF OF THE SELLER, TO MODIFY OR EXPAND UPON THE PROVISIONS EXPRESSED IN THIS PARAGRAPH NUMBER NINE. THE SELLER’S LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE LIMITED AS PROVIDED FOR ABOVE AND THE FOREGOING SHALL BE THE BUYER’S SOLE REMEDY AND RECOURSE UNDER THIS CONTRACT. There are no warranties which extend beyond the description on the face hereof and goods are sold as is. Seller’s warranty is only available to the initial purchaser of its products. Buyer agrees to comply with all instructions and specifications furnished by Seller relating to installation, care and application of products sold. Buyer agrees that it will not modify, misapply, or misuse such products in any manner which would deviate from Seller’s instructions. Any repairs, alterations or service provided by parties other than Seller, or its authorized representative, may void this Limited Warranty. This Limited Warranty shall not apply to normal wear and tear, damage caused by accident, negligence, improper operation or the use of corrosive materials (including without limitation bleach-sodium hypochlorite) on stainless steel surfaces. THE SELLER’S LIMITED WARRANTY MADE IN CONNECTION WITH THIS SALE SHALL NOT BE EFFECTIVE AND SHALL BE VOID UNLESS SUCH GOODS ARE APPLIED AND USED IN ACCORDANCE WITH SELLER’S INSTRUCTIONS.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE TO BUYER OR ANY OTHER PERSON FOR ANY SPECIAL, LIQUIDATED, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES BASED UPON LOST GOODWILL, LOST SALES OR PROFITS, WORK STOPPAGE, DELAY, PRODUCT FAILURE, IMPAIRMENT OF GOODS OR OTHERWISE AND WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, and in any case, Seller’s liability for any and all losses and damages sustained by Buyer and others, rising out of or by reason of this contract, shall not exceed the original purchase price of the products upon which liability is founded.IN NO EVENT SHALL ANY ACTION BE COMMENCED AGAINST THE SELLER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION WITH RESPECT TO WHICH THE CLAIM IS MADE HAS ACCRUED. SELLER SHALL NOT BE RESPONSIBLE FOR EXPENSES FOR REPAIRS NOT MADE BY SELLER WITHOUT THE PRIOR WRITTEN CONSENT OF SELLER.
RETURN POLICY
All products being returned for any reason or delivered for repair service (whether or not pursuant to our Limited Warranty) must receive advance authorization from Seller. Buyer must contact Shor-Line’s Technical Service Department at (888) 551-4064 to receive a Return Authorization Number. All products returned, except for warranty service or pursuant to the Product Satisfaction policy, are subject to a minimum 25% restocking charge. Buyer will be responsible for all freight charges on returns.
INDEMNITY
Buyer agrees to protect, defend, indemnify and hold harmless the Seller from and against any and all direct loss suffered and any liability to third parties due to bodily injury (including death) to any person or animal, or damage to any property as a result of Buyer’s misuse, misapplication or failure to inspect or maintain the Seller’s products, or such loss or liability caused by the act or omission of the Buyer in the performance of any services using said products. Buyer also agrees to indemnify and hold harmless the Seller for any taxes paid as discussed in paragraph five above. This indemnity provision expressly includes attorney’s fees and settlements of claims in a reasonable manner under the circumstances.
UNLAWFUL USE
Buyer agrees that no goods covered by this contract shall be used in any manner violative of any laws of the United States, whether state or federal, or local ordinance, and no such goods shall be distributed to any foreign country in any manner prohibited by United States law.