Terms And Conditions

SALES TERMS AND CONDITIONS – FABENCO, INC.

 

Terms

Remittance address

Fabenco, Inc.
2002 Karbach Street
Houston TX 77092

Agreement

The placement of an order by the Buyer constitutes Buyer’s acceptance of these Terms and Conditions and Buyer’s agreement that these Terms and Conditions shall prevail over any inconsistent terms or conditions referred to in the Buyer’s order or in correspondence or elsewhere.

Returned goods policy

Seller will not accept the return of items made, specially procured, or especially finished to Buyer’s order. No goods shall be returned without the written consent (including RMA number) of the Seller. Credit cannot be allowed, or refund made on returns of less than $50.00 net value, except where Seller is at fault. Any returned goods will be subject to a 20% restocking fee and any additional rework costs.

Payment terms

Standard payment terms are net 30 days. Discounts are not applied to freight charges, sales tax or labor charges. All invoice payments are due net thirty days after invoice date. Products remain the property of Fabenco Inc until full payment of invoice. Accounts over 45 days of invoice date will be placed on hold until past due payments are cleared with our credit department. A 11⁄2% monthly finance charge. 18% annual rate will be added to any outstanding balance over 30 days.

Pricing

Prices are effective on the specific date of the current price list. Orders received on or after that effective date will be invoiced at the effective prices. Pricing is subject to change without notice.

Freight policy

Any freight claim due to shortages and/or damages is the responsibility of the Buyer and carrier and must be indicated on the bill of lading by person receiving/signing for freight. Freight charges for any consigned shipments must be paid to and from Fabenco Inc facilities by the receiving party. Claims for shipping errors or shortage must be made in writing within 10 days of receipt of shipment.

Miscellaneous

All orders are subject to approval of Fabenco Inc. credit department. Any disputes regarding invoices and payments must be made in writing to the attention of Fabenco Inc. accounting manager within 30 days of invoice date to be considered. All orders should be confirmed in writing.

Retention of title and risk of loss

Title shall pass to Buyer only upon full payment by Buyer of the price of the products. Buyer shall, at Seller’s request, take any measures necessary under applicable law to protect Seller’s title in the Goods, and lawfully notify Buyer’s present or potential creditors of Seller’s title on and interest in the products. During the period between the delivery and the full payment of the price, the Buyer agrees that it: (a) shall serve as the bailee of the products solely for the benefit of Buyer, and (b) will not be entitled to resell, lend or otherwise transfer the products by any means, including by way of contract of pledge, security or otherwise.

Warranty

All products manufactured by the Seller are covered against defects in materials and workmanship for a period of twenty-four (24) months from the date appearing on the order invoice. The warranty does not cover defects arising because of improper storage, damages resulting from improper assembly after delivery, insufficient maintenance, and failure to follow operating instructions, abnormal working conditions, normal wear or willful or negligent damage. It does not apply to paints and coatings. The warranty does not apply to any product which is modified, altered, repaired or maintained by personnel not certified by the Seller. The Seller’s liability is expressly limited to the above-mentioned warranty.

Warranty claims

Any products or parts shipped as the result of a warranty claim will be invoiced according to the terms and conditions set forth above. That invoice will be due and payable as described in payment terms described above. A credit will be issued only after 1) Fabenco Inc determines the warranty claim is valid, 2) the defective part or product is returned to Fabenco Inc and 3) the equipment is returned within twenty-four (24) months of date sold to the original purchaser. Freight to and from the Fabenco Inc warehouse is the responsibility of the Buyer. Any shipments not prepaid will be refused.

Liability

Notwithstanding any other provision of the Contract, the total maximum aggregate liability of the Seller to the Buyer arising out of, or related to, any breach of contract, including but not limited to liability in tort or at law, and regardless of whether the contract is terminated or not, shall be limited to the contract price regardless of any negligence or breach of duty on the part of the Seller. This limitation shall not apply in case of the Seller’s willful misconduct or fraud.