Terms of Sale: Purchase of any goods sold by Vermeer Texas-Louisiana shall be subject to and expressly limited by the terms and conditions contained herein. No changes to, waiver of, or addition to any of these terms and conditions shall be effective unless agreed to in writing and signed by Vermeer Texas-Louisiana. Buyer acknowledges and agrees that these terms and conditions supersede the terms and conditions of any purchase order and other documentation used by Buver and, except for delivery and billing addresses, quantities prices, and items ordered, any conflicting or additional terms are void and have no effect and Buyer may place orders by use of purchase orders and other documentation for its convenience purposes only. Notwithstanding the foregoing, Vermeer Texas Louisiana reserves the right at any time to amend these terms and conditions, and Buyer shall be deemed to accept such amended terms and conditions by ordering goods herein offered after the date of such amendment. Additional special terms and conditions of Vermeer Texas-Louisiana may be applicable with respect to certain goods.
Prices: All pricing quotes must be documented in writing by Vermeer Texas-Louisiana to be valid. Potential new tariffs may increase the cost of goods. Vermeer Texas-Louisiana reserves the right to change the prices and specifications of its goods at any time without notice.
Tax Information: Any tax, duty, custom or other fee of any nature imposed upon the goods, their sale, transportation, delivery, use or consumption shall be paid by Buyer in addition to the price quoted or involved. if Vermeer Texas-Louisiana is required to prepay any such tax or fee, Buyer shall reimburse Vermeer Texas Louisiana. Buyer shall provide Vermeer Texas-Louisiana with a resale/exemption certificate in order to avoid the withholding of applicable taxes. No refund or adjustment to previously withheld taxes will be made by Vermeer Texas-Louisiana sixty (60) days after the invoice date. Proof of certification should be mailed to:
Vermeer Texas-Louisiana, 3025 N. State Hwy 161. Irving, TX 75062 - Attn: Accounts Receivable.
Payment: Payment terms are net thirty (30) days from the date of invoice. Buyers obligation to pay outstanding invoices and all other amounts is absolute and unconditional and is not subject to any abatement, reduction, set-off, defense. counterclaim, interruption, deferment or recoupment for any reason whatsoever.
Balances remaining unpaid at due date are subject to a interest charge of One and One-Half Percent (1.5%) per month or the highest rate permitted by law. whichever is lower, until paid. Any discounts, rebates, administrative fees, credits, or other fees due or owed to Buyer will be applied against delinquent balances before payment or reimbursement is made
Any disputed amounts should be reported immediately and remitted with the undisputed amount by the payment due date. If Vermeer Texas-Louisiana agrees with the billing dispute. Vermeer Texas-Louisiana will credit Buyer the amount of the agreed-upon billing dispute. All billing disputes must be made within six 6) months of the applicable invoice date, or will be deemed to be waived.
Vermeer Texas-Louisiana reserves the right in its sole discretion to require prepayment from any Buyer at any time and may refuse to sell and/or withhold further shipment until all overdue balances are made current. Buyer shall be liable for, and shall reimburse Vermeer Texas-Louisiana for all costs and expenses it may incur in connection with collection of any amounts owed to Vermeer Texas-Louisiana or enforcement of its rights, including without limitation, reasonable attorneys fees and expenses, court costs, and cost of collection agencies. Buyer agrees to the jurisdiction of any state or federal court located in Dallas County. TX and agrees all actions or proceedings arising or relating to these terms and conditions shall be litigated in such courts.
Storage Fee: Storage fees will accumulate at a rate of Twenty-Five and No/100 Dollars ($25.00) per day on all goods and equipment
Returned Goods Policy: Return of goods is subject to the following conditions:
1. All returns are subject to the prior authorization of Vermeer Texas-Louisiana, in its sole and absolute discretion. Unauthorized returns will be returned to Buyer or destroyed and no credit issued. All authorized returned goods must be shipped freight prepaid to the Vermeer Texas-Louisiana location of purchase. Vermeer Texas-Louisiana will pay freight costs for goods shipped-in-error. Returns that are authorized for goods ordered-in-error or shipped-in-error will not be accepted unless returned within thirty (30) days of the date of delivery
2. All returns are subject to a Twenty Percent (20%) handling/restocking charge, except for goods shipped-in-error.
3. Orders pulled for Will Call or Customer Pick-up and not picked up in one week are subject to the restocking charge.
4. Credit will be issued for all authorized returns provided
a. Proper authorization has been obtained prior to return of goods.
b. Goods are in their original packaging.
c. Goods are current inventory items.
5. Certain goods are not eligible for return. These are:
a. Goods that have deteriorated because of improper handling, abuse or other factors
b. Goods that have been opened, partly used or which the labels or seals have been removed or tampered
c. Goods that have been involved in a special promotion sale
d. Broken, damaged or opened cases, and resealed cartons are not eligible for return.
Credits for returned goods are conditioned upon Vermeer Texas-Louisiana's inspection and approval of such goods upon their return. If Vermeer Texas-Louisiana determines, in its sole and absolute discretion, that any returned goods are not eligible for return due to any of the reasons provided in paragraph above, Buyer will not receive a credit. No advance credits will be accepted.
Limited Warranty: For any goods sold by Vermeer Texas-Louisiana that is manufactured by a third party (including without limitation, Vermeer Corporation) which is found to be defective, Vermeer Texas-Louisiana agrees only to present Buyer's claim to the manufacturer for adjustment Buyer agrees that Vermeer Texas-Louisiana shall have no further liability or responsibility regarding Buyer's claim. A copy of the warranty give each manufacturer is available to Buyer upon written request. Vermeer Texas-Louisiana warrants that labor services performed by its employee be free from defects for a period of ninety 90) days from the date of completion of labor services.
Warranty Exclusions: Warranty exclusions include, but are not limited to, the following: oils, fluids, filters, transportation costs, any incidental or consequential damages, wear items or failures due to misuse, lack of maintenance, accidents, vandalism or natural calamities. A more comprehensive list of exclusions: limitations will be furnished upon written request to Vermeer Texas-Louisiana, 3025 N. State Highway 161, Irving, Texas 75062.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, VERMEER TEXAS-LOUISIANA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED WITH RESPECT TO ANY GOODS, PARTS OR SERVICES PROVIDED BY VERMEER TEXAS-LOUISIANA INCLUDING, BU NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.