TERMS AND CONDITIONS OF SALE
1. COMPLETE AGREEMENT
The present sale conditions constitute the complete agreement between the parties.
All invoices are payable net at latest the 15th of the following month from the date of invoicing or within any other period indicated by the vendor in writing to the purchaser. All goods remain the property of the VENDOR until paid in full.
At the expiry of the payment period, the PURCHASER shall, in the event of an unpaid invoice, pay a monthly interest equal to 2% (26.82 per year).
4. LETTER OF DEFAULT
The PURCHASER shall immediately be put in default of paying at the expiry of the payment period. The VENDOR may in addition to interrupting delivery of the merchandise to the PURCHASER consider any open sales as resolved and rededicate the merchandise sold without any other formality.
The sale price of all merchandise is F.O.B point of shipping. The VENDOR has the absolute right to modify at any time, without notice, any price initially submitted.
Any delivery date given by the VENDOR from time to time will be an approximate date and may depend on factors that are beyond the control of the VENDOR.
The VENDOR reserves the right to make partial shipments and back-order items, without liability or responsibility of any kind for any added transportation costs or any other loss of damage incurred by reason of such back-orders.
8. SHIPPING INSTRUCTIONS
The VENDOR shall ship the merchandise, using a carrier of his choice unless advised otherwise by the PURCHASER.
9. DAMAGE CLAIMS
The VENDOR accepts no liability or responsibility for damages in transit. All claims must be filed with the carrier within three (3) days following delivery.
10. SHORTAGE CLAIMS
All merchandise must be checked upon arrival with shortage noted and signed accordingly. Shortage claims will not be accepted unless it was made in writing within three (3) days of receipt of the merchandise.
Where bulk orders are accepted for scheduled withdrawal or shipment during a determined time period, should any balance of such commitment order remain unshipped, at the end of the specified time period, the VENDOR reserves the right to demand payment of the full balance due on such order at that time, in anticipation of final shipping instructions being provided by the PURCHASER.
12. RETURN OF MERCHANDISE
No merchandise may be returned for credit or exchange without the written acceptance of the VENDOR. Only merchandise in their original unopened containers and in condition of resale can be accepted for credit within 90 days of their purchase. A minimum handling charge of 25% of the net value of the returned merchandise shall apply. The transportation costs shall be the PURCHASER’S responsibility.
13. LIABILITY OF THE VENDOR
The VENDOR shall not under any circumstances be held responsible for any damages whatsoever arising from improper or incorrect installation or manufacturing defect of the merchandise sold, in every other case, the VENDOR’S responsibility is limited to the price of the merchandise sold.
The execution of the obligation of the PURCHASER within the prescribed time period is an essential condition to the existence and continuity of the present agreement. The lapse of time set for in paragraph 2 herein above, for the payment of an invoice shall have the effect of putting the PURCHASER in default of paying said invoice. Also, the occurrence of any one of the following events shall have the effect of putting the PURCHASER in default of said invoice:
a) The non-respect of the terms of this agreement.
b) The appointment of sequestrate for the seizure of property from the PURCHASER.
c) Any act of bankruptcy with respect to the Bankruptcy and Insolvency Act.
15. COLLECTION FEES
It is specifically foreseen that the PURCHASER will be responsible for all legal costs related to the collection of accounts of the vendor that remain unpaid.
The PURCHASER agrees to advise the VENDOR in writing of any changes to this credit application and any other modification that may affect their enterprise.
No waiver of any of the provisions of this agreement by the VENDOR shall be deemed to constitute a waiver of the VENDOR’S rights according to the provisions of this agreement.
The rights of the PURCHASER as established in this application are not assignable or transferable without the prior written authorization of the VENDOR.
The rights and obligations from this agreement will be interpreted according to the laws where the VENDOR'S place of business is situated.
MERCHANDISE RETURN POLICY
- Product returns must be authorized in advance with the issuance of a Returned Goods Authorization number (R.G.A #). Contact your local E. Roko Distributors Sales Office or your sales representative. An Authorization for return will be given or submitted to you as soon as possible.
- Any merchandise returned without a R.G.A number clearly displayed on the shipping label or carton will result in the shipment being refused and returned at customer expense.
- Enclose a copy of your original sales order / packing slip.
- Returned goods must be shipped prepaid, collect shipments will be refused without prior authorization.
- Only goods in their original unopened cartons and in resalable condition can be accepted for credit within 90 days of their purchase.
- A minimum restocking charge of 25 % of the net value of the returned merchandise shall apply.
- No credit will be allowed for discontinued merchandise.
Non-stock or special merchandise ordered according to buyer specifications will not be eligible for return or cancellation.
CLAIM FOR DAMAGES
In case of damage during transportation, E. Roko Distributors Ltd. will not accept any obligation or responsibility. All claims for damages must be submitted to the transportation company.
CLAIM FOR MISSING MERCHANDISE
Any claim for missing merchandise will not be accepted by E. Roko Distributors Ltd., unless the claim has been submitted in writing and reported to your local sales office within three (3) following receipt date of goods.
UNAUTHORIZED MODIFICATIONS OR ALTERATIONS MADE TO PRODUCT
Unauthorized modifications and / or alterations made to product, will cancel the product guarantee. Product then becomes un-returnable for credit or exchange.