Outdoor Enclosures Terms and Conditions
All quotations and sales are subject to the following terms and conditions and those contained on the face hereof.
A cancellation charge (25% of sale price) will be charged in order to cover liabilities and restocking expenses.
Claims for defective merchandise, shortages, delays or failures in shipment, delivery or any other causes shall be deemed waived and released by the buyer, unless made in writing within ten days after arrival of the merchandise. The seller makes no warranties, expressed or implied, including warranties as to the merchantability or as purpose, and shall not be liable for any loss or damage, directly or indirectly, arising from the use of such merchandise or for consequential damages. It is the responsibility of the buyer to thoroughly inspect the shipment as soon as received. If any of the merchandise called for on the packing slip is damaged or quantities are short, DO NOT ACCEPT UNTIL THE CARRIER AGENT MAKES A DAMAGED NOTATION ON YOUR FREIGHT BILL OR EXPRESS RECEIPT. If any concealed loss or damage is discovered, notify your agent at once, and request an inspection. This is absolutely necessary. Unless this action is taken, the Transportation Company will not entertain any claims for loss or damage.
Our manufacturer warrants that the goods to be supplied hereunder will conform to the description of the face hereof; that it will convey good title there to; that such goods will be delivered free from any lawful security interest or other lien or encumbrance unknown to customer; and that such goods will be free from defects in material and workmanship shall extend only for a period of twelve months from the date of purchase and that customer gives SPC notice of any such defect within thirty days after customer discovers or should have discovered such defects. SPC warranty applies to only those products manufactured by SPC. Other product warranties outside this realm will be honored by the warranty terms of the product manufacturer. SPC makes no warranty that the goods shall be merchantable or fit for any particular purpose. Special Product Company makes no warranty, expressed or implied, except such as is expressly set forth herein.
Repair and Returns:
SPC shall not be liable for any incidental or consequential damage for any breach of warranty, SPC liability and customer’s exclusive remedy being expressly limited to SPECIAL PRODUCT COMPANY choice of:
- The repair of defective goods.
- The replacement thereof with conforming goods at the manufacturing point shown on the face hereof.
- The repayment of the purchase price.
Repair or replacement of defective goods or repayment of the purchase price therefore will be made only upon request and after a material return authorization number is issued by Special Product Company. An MRA number may be received by contacting SPC at (913) 491-8088. All cartons must be marked with the material return authorization number and freight prepaid or the shipment will be refused. SPC will pay return freight (UPS ground) on product under warranty and reimburse owner their prepaid freight charges not to exceed the amount of UPS ground charges. The customer is responsible for freight on out-of-warranty products. Out-of-warranty repair charges of material and labor not to exceed current list price of product. If SPC determines product is beyond repair, customer will be contacted and unit returned if customer requests.
Deliveries shall be subject to and contingent upon strikes, labor difficulties, riot, civil unrest, war, fire, delay or defaults of common carriers, failure or curtailment in the sellers usual sources of supply, governmental decrees, reasonable control and the seller shall not be liable for any loss or damage arising thereof. The seller shall have the additional right, at its option, to cancel this contract, or any part thereof without any resulting liability. Shipments made within twenty days after specified date of delivery shall constitute a good delivery. Any delivery not in dispute shall be paid for regardless of other controversies relating to other delivered merchandise.
The buyer shall hold the seller harmless from making any claim or suit against the seller because of any suits, claims, losses, or other liability made against, or suffered by the buyer, arising from any claim of infringement of patent, copyright, trademark or other proprietary right, at common law, or claims of unfair trade or of unfair competition, resulting from, or occasioned by the buyer’s use, possession, sale or delivery of the merchandise sold to the buyer by the seller.
Sellers right of possession:
The seller shall have the right, in addition to all others it may possess, at any time, for credit purposes, or because of the buyer’s default or defaults, to withhold shipments, in whole or in part and to recall goods in transit, retake same and repossess all goods which may be stored with seller for the buyer’s account without the necessity of taking any other proceedings and the buyer consents that all the merchandise so recalled, retaken or repossessed shall become the absolute property of the seller, provided that the buyer is given full credit therein. The foregoing shall not be construed as limiting in any manner, any of the rights or remedies available to the seller because of any default of the buyer under the Uniform Commercial Code.
Note: This offering is not a contract, all orders are subject to acceptance by SPC at its principal office in Overland Park, Kansas.