Southeast Pallet Rack is Trammell Equipment Co., Inc. DBA Southeast Pallet Rack
Acceptance - Buyer's purchase order, acknowledged hereby as an offer of an agreement for the purchase of goods or services, is accepted subject to the following terms and conditions of sale or other such terms and conditions as may be approved in writing by Trammell Equipment CO., Inc. ("Southeast Pallet Rack").
Terms - All payments must be made in cash in advance of shipment unless credit is arranged prior to shipment, then terms are NET 10 days, unless otherwise noted on the invoice. In order to establish a credit line (if requested by Buyer), Buyer hereby authorizes Southeast Pallet Rack to check information submitted by Buyer as well as all other sources available and to answer questions about Buyers credit experience.
Southeast Pallet Rack reserves the right at any time to revoke any credit extended to Buyer because of Buyer's failure to pay for any goods when due or for any other reason deemed good and sufficient by Southeast Pallet Rack and in such event to insist upon (i) immediate payment of any outstanding invoices and (ii) payment prior to shipment of any remaining merchandise.
Delay in Delivery - When date of delivery is given, Southeast Pallet Rack will make every effort to make shipments as near that date as possible, but Southeast Pallet Rack will assume no responsibility for any loss or inconveniences caused by non-delivery at specified time.
Circumstances Beyond Southeast Pallet Rack Control - Southeast Pallet Rack shall not be liable for failure to deliver or for delay in delivery of all or any part of the goods ordered herein by reason of any act of God, war, civil commotion, labor troubles, fire, explosion, windstorm, fire, reduced supply of raw materials, order of any governmental agency, or any cause whatsoever beyond the control of Southeast Pallet Rack which interferes with the production, consumption, or transportation of said goods.
Returned Goods - Goods shipped as ordered cannot be returned unless authorized by Southeast Pallet Rack in writing, which authorization will be at Southeast Pallet Rack's sole discretion. If returned merchandise is so authorized, the merchandise must be returned freight prepaid and a 25% service charge will apply.
Warranty - Southeast Pallet Rack warrants its new material goods delivered hereunder to be free from defects in materials and workmanship. This warranty shall run to buyer and or its customers. This warranty shall not apply to any goods sold hereunder which shall have been improperly installed or subjected to misuse or neglect or which has been repaired or altered except by Southeast Pallet Rack's accredited representative nor to any goods which have been subjected to accident. No warranty is given with respect to any apparatus, instrument, component, or accessory not manufactured by Southeast Pallet Rack, or as to any goods which are manufactured by Southeast Pallet Rack but which is installed or otherwise subjected to usage with any apparatus, instrument, component, software, or accessory not manufactured by Southeast Pallet Rack and not approved in writing by Southeast Pallet Rack as appropriate for usage with the goods sold thereunder. Except as expressly stated hereinabove, in this paragraph an notwithstanding anything to the contrary contained herein or otherwise, Southeast Pallet Rack's goods are offered and sold "AS-IS-WHERE-IS" "WITH ALL FAULTS" without any warranties expressed or implied, of merchantability, fitness for a particular purpose or of any other kind whatsoever pertaining therto.
Limitation of Liability - Southeast Pallet Rack's liability with respect to any claim of any kind for loss or damage arising out of, resulting from or concerning any aspect of the offering and sale, by Southeast Pallet Rack of any goods or services to buyer is expressly limited to whichever of the following measures Southeast Pallet Rack, in its sole discretion shall determine to be appropriate.