Terms & Conditions
STANDARD TERMS AND CONDITIONS
1. Binding Contract. Any invoice relating to the purchase and sale of the goods (herein referred to as the "Goods") will become a binding contract on the terms and subject to the conditions set forth when Buyer accepts any shipment of the Goods. The invoice will not be an acceptance or confirmation of any other terms. The invoice will be subject to the terms and conditions set forth and no others unless there is a signed writing overriding the agreement between the parties. Any additional or different terms or conditions proposed by the Buyer are rejected.
2. Complete Agreement. The terms and conditions constitute the final agreement of the parties. The agreement is a complete and exclusive statement of the terms and supersedes any previous or contemporaneous communications, representations, or agreement, whether oral or written with respect to the Goods. The terms and conditions of the invoice cannot be changed or amended except by a written agreement signed by SETT.
3. Price Revision. Unless otherwise expressly stated by SETT, prices are subject to change without notice. Goods will be supplied and invoiced at the prices in effect at the time of shipment. If any price change is not accepted, SETT, without liability and at its option, may either continue to supply Buyer at the contract price and terms then in effect or terminate this contract. Termination may be in its entirety or with respect to future shipments of the Goods affected, as of the effective date of the price change or any later date by so notifying Buyer in writing.
4. Credit. Payment is typically due by Credit Card. Credit terms may be available at SETT's sole discretion. SETT may require payment in cash in advance of shipment whenever SETT has any doubt as to Buyer's creditworthiness of financial responsibility.
5. Separate Contracts. Each shipment to Buyer will constitute a separate and independent contract, and will be separately invoiced and paid for when due, without regard to subsequent deliveries. SETT will have the right at all times, among other remedies, either to terminate the contract or to suspend further deliveries upon Buyer's failure to pay for any one shipment when it becomes due. SETT may also terminate or suspend deliveries if Buyer is in default of any other sales agreement between Buyer and SETT. Delay or default in any delivery or shipment will not relieve Buyer of its obligations to accept remaining deliveries. Upon such termination or suspension by SETT, all Buyer's outstanding obligations to SETT must be immediately due and payable.
6. Shipping. All Goods are sold F.O.B. SETT's headquarters in Pennsylvania. Unless otherwise specified by Buyer, means of shipment must be at the sole discretion of SETT. Any quoted delivery date is only an estimate. SETT is not responsible for damages in shipping. All items must be inspected by Buyer upon delivery. Be sure to inspect the package at the time of delivery. If the packaging has any damage, or if there is any reason for you to be concerned about damage, please write "PRODUCT DAMAGED" on the sheet they ask you to sign (Bill of Lading) and must immediately notify driver and note all damages on Bill Of Lading. All shipping costs are paid by Buyer. All shipping prices are our best estimates. If actual shipping charge is greater than the estimated shipping cost, we will increase the shipping charge and contact the customer before processing the order. If the customer does not respond, we will not process the order. Prices may vary based on delivery conditions and fuel surcharges. In addition, we cannot guarantee that trucking companies will meet their quoted delivery schedules.
Available Delivery Options. For small cabinets or accessories, standard shipping is UPS ground. For larger racks and skids, we use various freight companies depending on the shipping destination. The options for delivering the large racks and skids are as follows:
- Dock to Dock: This is our standard option which is quoted on our website. Choose “Dock to Dock” option if there is a loading dock area at the destination location which allows the freight truck to unload the shipment. After the driver unloads the shipment, the customer is responsible for moving the rack to its final location.
- No Loading Dock or Street Delivery: Select this option if there is no loading dock or if a street delivery is required. In this case, we would instruct the freight company to deliver this shipment with a truck equipped with a lift gate which allows the truck to lower your shipment to the ground. Once the shipment is on the ground, it is the customer’s responsibility to handle the shipment to its final destination. There is an additional charge for such a service as shown on the website.
- Inside Delivery: This option requires the customer to call us with the request for inside delivery. We will contact the freight company with a request for inside delivery quote if available.
All shipments are standard ground, unless otherwise quoted and approved in writing by SETT.
7. Inspection. Buyer must examine each shipment at the time of delivery. If the packaging has any damage, or if there is any reason for you to be concerned about damage, please write "PRODUCT DAMAGED" on the sheet the driver ask you to sign (Bill of Lading) and must immediately notify driver and note all damages on Bill Of Lading. All claims are handled between the Buyer and the shipping company. It is the Buyer’s responsibility to file a claim with the shipping company. For Buyer to begin claim process with shipping company, all damages must be noted on Bill of Lading with driver’s signature. Buyer may choose to notify SETT in writing in order for SETT to assist Buyer in claim process. It is the Buyer’s responsibility to notify SETT in writing of any shortage within three business days. Failure by Buyer to forward such notification to SETT will constitute an absolute and unconditional waiver of all claims for any such shortage, loss, or damage.
8. Returns and Cancellation Policy. SETT wants to make sure that you are satisfied with your order. If for some reason you have a concern, please contact SETT immediately to help resolve it. If you would like to cancel or return a product, you must contact SETT to obtain a Return Authorization Approval number. SETT must approve the return in writing. The Buyer is responsible for properly packing the returned Goods and pay for shipping. The item must be returned in its original condition. Returns must be made within 30 days from the date of purchase. Custom Racks may not be returned. Please refer to our Terms and Conditions for additional information.
9. Limited Warranty and Disclaimer. SETT warrants only that for a period of twelve calendar months after delivery or the period stated in this invoice, if different, the Goods must be merchantable and be free of defects in workmanship and materials. This warranty does not apply:
(i) to damage caused by Buyer's or any third party's act, default, or misuse of the Goods or by failure to follow any instructions supplied with the Goods.
(ii) where the Goods were not used in the ordinary purpose for which the goods are fit for.
(iii) to Goods which are altered, modified, or repaired in any place other than a SETT factory .
(iv) any damages caused in shipping.
THE FOREGOING WARRANTY IS EXCLUSIVE WITH RESPECT TO GOODS DELIVERED UNDER THIS CONTRACT, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The foregoing warranty runs only to Buyer. There are no oral or written promises, representations, or warranties collateral to or affecting this contract. Representatives of SETT may have made oral statements about products described in this contract. Such statements do not constitute warranties, must not be relied on by Buyer, and are not part of the contract.
10. Assumption of Risk. Buyer assumes all risk and liability for all injuries, losses, or damage to persons or property, or otherwise resulting from the possession, handling, storage, transportation, use or other disposition of Goods sold, whether used alone or in connection with other goods or equipment.
11. Limitations of Remedies. If the Goods are nonconforming, SETT’s sole liability and obligation will be to replace the specific nonconforming Goods or credit the purchase price actually paid for such nonconforming Goods, at SETT's election. If Goods are replaced, Buyer is responsible for shipping costs. SETT's remedies under this warranty is limited to only replace or credit and no other right or remedy is available to Buyer or any other person. SETT will not be liable to any person for any special, incidental, or consequential damages to person or property except to the extent mandated by applicable state law.
12. Limitation of Claims. Notwithstanding any custom, or trade, or course of dealing between SETT and Buyer, Buyer's failure to give notice of any claim for breach of warranty of the applicable warranty period (which five-day period the parties agree is a reasonable time) will constitute a waiver by Buyer of all claims with respect thereto, including the right to receive a credit of the purchase price or replacement of the Goods. Goods returned for failure to conform to the applicable warranty will not be accepted for credit unless the Goods are returned in accordance with SETT's instructions. Returns are accepted at the sole discretion of SETT. A restocking fee may apply.
13. Technical Information and Proprietary Rights. Any know-how, information, design, or drawings supplied by SETT relating to the Goods or to the business of SETT are strictly confidential. Buyer must not copy, use, or disclose any such information without prior written consent of SETT. All trademarks, trade names, patent rights, copyrights, and other similar proprietary rights in respect of the Goods remain the property of SETT. Buyer will acquire no interest whatsoever in any such rights.
14. Export Sales. Buyer is liable for all costs in respect to the delivery of the Goods outside the United States, including without limitation, all customs, exportation, and importation duties chargeable in respect of the Goods.
15. Non-Delivery. SETT will be relieved from furnishing the Goods if delayed or prevented by any circumstances beyond the control of SETT including, but not limited to, fire, explosion, accident, breakdown of machinery or equipment, acts of God, or any other similar cause beyond its control. However, if manufacture is suspended or terminated for any of the foregoing reasons, Buyer must take delivery of and make payments for all such Goods completed and in process at the date of suspension or termination of manufacture. SETT has no obligation to buy in the open market any article to be used in SETT's manufacture when the supplier has defaulted in delivery. SETT reserves the right at any time to allocate or apportion its available products among its customers and its own internal uses in such manner as it deems fair and equitable, and any Goods not delivered as a consequence will be deducted from the contract quantity.
16. Actions. Each party may be deemed to have waived all rights to bring an action for breach of this contract, unless such action is brought within one year after the cause of action has accrued.
17. Failure to Object; Waiver. SETT's failure to object to any terms which now or in the future appear in any form or other communication of Buyer will not be construed as a waiver of the provisions set forth nor an acceptance of any such terms. No course of prior dealings between the parties and no custom of trade will be relevant to supplement, explain, or vary any of the terms set forth. Waiver by either party, or any breach of any of the terms, conditions, or provisions set forth, or any failure to enforce same, at any time, will not in any way affect, limit, or waive such party's right to enforce and compel strict compliance to that or any other terms, conditions, or provisions.
18. Assignment. Buyer may not assign its rights or delegate its performance, in whole or in part, without prior written consent of SETT . Unless SETT elects an assigment or delegation, any attempted assignment or delegation without such consent will be null and void.
19. Governing Law. The validity, interpretations, and performance of this contract is governed by and construed according to the laws of the Commonwealth of Pennsylvania. All sales tax, if applicable, should be paid by the Buyer. Orders in the state of Pennsylvania will be subject to a 6% PA Sales Tax.
Special Provisions (e.g. firm price throughout contract term, special delivery terms, warranty extension, etc.)