POLICIES

     -  Policy on Terms and Conditions of Sale

     -  Policy on Returned Goods Authorization

     -  Policy on Core Returns

 

SOURCE NORTH AMERICA CORPORATION               

TERMS AND CONDITIONS

 

 

1. Terms and Conditions of Sale.   Seller offers to sell goods to Buyer based on the terms and conditions set forth herein, together with any special attachments hereby incorporated by reference and constituting the entire agreement between parties. Said terms and conditions may not be varied, and no modification or addition to them shall be of any force or effect, unless made by or specifically by the Seller in writing.

 

Unless otherwise stated, prices offered are firm for a period of 30 days from date of the quotation, and will be invoiced at the prices stated in the quotation, and are subsequently subject to increase in prices of any of these goods by seller’s suppliers.

 

Buyers acceptance for all quotations or the sale of products on Buyer’s purchase order form, acknowledgement, or other form, that includes printed terms and conditions used to order goods from Seller shall be for convenience only and shall be evidence of Buyer’s unconditional agreement to the Seller’s terms and conditions, and shall not be binding upon the Seller unless specifically agreed to in writing by Seller.  If any conflict exists between the Seller’s terms and conditions and Buyer’s form, the Seller’s terms and conditions stated herein shall apply.

 

If Buyer’s credit has not been established, three commercial references and one bank reference shall accompany the first order.

 

2. Delivery.   Time for delivery shall not be the essence of the agreement.  Seller shall make best efforts to meet proposed shipment for delivery dates.  Seller shall notify customer of a delay, in accordance with the UCC.

 

Seller shall not be liable to Buyer or any third party for any loss, damage, or expense from any delay or failure or performance due to any cause beyond the control of Seller, including, but not limited to, fire, strike, accident, war conditions, government regulation or restriction, shortages in transportation, power, labor or material, freight embargo, riot, or civil commotion, default of the supplier, or prohibitions or events which render performance difficult or impossible.

 

3. Payment.   Buyer agrees to make payment within Seller’s terms of payment as stated on the face hereof, or Buyer will be subject to and responsible for charges of 1-1/2% or 18% per annum on Past Due accounts.  In the event legal action or any proceedings become necessary to enforce the terms set forth herein, or to collect the amounts set forth, the Buyer shall reimburse the Seller for all such costs and expenses, including but not limited to reasonable attorney’s fees.

 

4. Title and Delivery.   Unless stated to the contrary on the face hereof, all goods furnished hereunder will be shipped F.O.B. point of shipment, and title and risk in the goods shall pass to the Buyer upon

Seller’s delivery of the carrier at the point of shipment.  Any freight allowance which Seller may grant based upon dollar value of a shipment, or upon the type of goods involved, shall be construed solely as a price term and not as a delivery term.

 

5. Errors.   Typographical and/or mathematical errors made by Seller in quotation, acknowledgements or invoices are subject to correction.  Buyer shall notify Seller in writing of any claim of error in quantity shipped within 10 days after receipt of the goods.

 

6. Returns.   No goods may be returned without the Seller’s permission, and if authorized for return, transportation charges must be prepaid by Buyer unless otherwise noted by Seller in the authorization to return goods.  All goods authorized for return are subject to Seller’s inspection and acceptance, and a minimum handling charge equal to 15% of the purchase price of the goods, or $20.00, whichever is greater, will be assessed, unless otherwise noted in Seller’s authorization to return said goods.

 

7. Changes or Cancellations.   Cancellation, suspension, or variation of the order shall be valid only with the consent and upon terms agreed to by the Seller in writing.  In the event of such agreement Buyer shall pay to Seller any cancellation, or other charges or expenses, including loss of profit, as compensation for all loss incurred as a result of cancellation.

 

8. Warranty and Disclaimer.  The goods described herein are warranted to be free from defects of workmanship and material unless sold on an AS-IS basis. 

 

THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE OF THE MANUFACTURER OR THE DESCRIPTION ON THE FACE HEREOF, AND THE SELLER SPECIFICALLY EXCLUDES ANY OTHER EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS.  THE WARRANTY CONTAINED IN THIS PARAGRAPH AS LIMITED IN IT, IS THE ONLY WARRANTY EXTENED BY THE SELLER IN CONNECTION WITH ANY SALE BY IT AND IS EXTENDED TO THE IMMEDIATE BUYER ONLY AND NOT TO ANY SUCCESSIVE BUYERS, USERS, THIRD PARTIES, OR EMPLOYEE.

 

9. Remedies.   Upon breach of warranty or other provision, the Seller’s obligations expressly limited, at the sole option of the Seller, to repair or replace defective goods, or credit the purchase price for goods, which upon examination by Seller, or its representatives shall prove to have defects in workmanship and/or materials under ordinary and normal use.

 

10. Limitation of Damages.   In no event shall Seller have any liability whatsoever for payment of any consequential, incidental, indirect, special, or tort damages of any kind, including, but not limited to, any loss of profits.

 

11. Buyer Responsibility – Indemnity.  

a) Buyer assumes and shall bear sole responsibility for providing adequate and efficient safeground, workhandling tools, and safety devices necessary to provide a safe workplace and to protect fully all personnel from bodily injury or death which otherwise may result from the use, operation, setup or maintenance of the goods, including safeguards to prevent any release of liquid into the environment Compliance with the Occupational Safety and Health Act and the regulations adopted under it and with other prevailing federal, state, and local codes and industry-accepted standards is the responsibility of Buyer.  Seller shall bear no responsibility whatsoever for the failure of Buyer to order, install, or use safeguards, work-handling tools; or safety devices.  Buyer shall establish, and require all persons who, operate, set up, or maintain the goods to use all proper and safe operating procedures, including, but not limited to, procedures set forth in any manuals or instruction sheets relating to the goods.  Buyer shall not remove or modify and devices, warning signs, or manuals furnished with or installed upon or attached to the goods.

 

b) Buyer releases all actions (including, but not limited to, any action for injury to or death of any person or damage to property arising out of the manufacture, sale, use, or operation of the goods) which Buyer may have at any time against Seller or its agents or employees.  Buyer agrees to indemnify and hold harmless Seller and its agents and employees of, from and against any and all loss, damage, expense (including reasonable attorney’s fees), claims, suits, or liability which Seller or any of its agents or employees may sustain or incur at any time, for or by reason of any injury to or death of any person or damage to any property, or release of liquid into the environment arising out of any claimed or actual breach by Buyer of Buyer’s undertaking under Paragraph 11 (a) or any acts primarily attributable to the conduct of Buyer or its employees and agents including but not limited to the negligence or reckless conduct of Buyer’s employees or agents, Buyer’s maintenance if the goods, Buyer’s addition to or modification of the goods, or Buyer’s use of the goods in an inappropriate manner.

 

c) Buyer shall notify Seller promptly, in writing, and in all events within ten (10) days after its occurrence, of any accident or malfunction involving any goods which results in injury to death of persons, including Buyer’s agents and employees or damage to property, including Buyer’s property or of a release of liquid into environment Buyer shall cooperate fully with Seller in investigating and determining the cause of any such accident of malfunction.

 

12. Applicable Law.   These terms and conditions shall be governed and construed in accordance with the laws of the state of Illinois.

 

13. Successors.   Seller’s quotation and these terms and conditions shall inure to the benefit of and be binding upon the successor’s of the parties to them.

 

14. Limitation of Action.   Any action or suit against Seller arising in any way from the quotation, the Terms and Conditions, or with respect to the goods must be commenced with one (1) year after the cause of action has occurred.

 

15. Severability.   The invalidity of any of the terms and conditions provided herein shall not invalidate the remaining valid terms and conditions which shall remain in full force and effect.

 

16. Whole Agreement.   Quotations and all the terms and conditions, and warranties incorporated herein are the final, complete, and exclusive expression of the parties agreement and all previous oral or written communications and excluded, except if incorporated by reference herein.

 

In the event that any legal proceeding is necessary to enforce the terms and conditions of the agreement the prevailing party shall be entitled to recover as part of its damages, all resulting costs and expenses including reasonable attorney’s fees and court costs.

 

17. Arbitration.   Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Association, and judgment upon the award rendered by the Arbitrator may be entered in any court having jurisdiction thereof.  To expedite the procedure the AAA will appoint an arbitrator to hear and decide the dispute without submitting lists or arbitrator candidates to the parties.

 

18. Costs.   In the event any action shall be brought to enforce the performance of this agreement, the prevailing party shall be entitled to recover from the other party, as part of the other party’s costs and expenses, reasonable attorney’s fees.

 

19. Waiver.   No waiver of performance required by Buyer shall be valid unless in writing by Seller or his representative.  No waiver of specific action shall be construed as a waiver of future performance.

 

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RETURNED GOODS POLICY

 

EFFECTIVE MARCH 1ST, 2001

 

 

 

Our return policy is intended for timely processing of returns and issuance of credit to our customers.  Failure to adhere to these guidelines may result in delays or loss of credit.  Written communication or confirmation will also greatly aid in assuring proper processing.

 

All returns will require a written Return Goods Authorization (RGA) from Source.  All returns should be sent to one of our Source Facilities, along with a copy of the RGA and the RGA# should be written on the outside of all boxes.  Under no circumstances should any items be returned directly to the manufacturer or other party unless prior written authorization is obtained from Source.

 

To obtain authorization to return material, customers should contact the Source branch handling their account.  A Return Goods Request Form will be faxed or emailed to the customer to be filled out.  The Return Goods Request will then be faxed to Stephanie Connolly at 800-765-1060, or e-mailed to sconnell@sourcena.com.  A numbered Return Goods Authorization will be faxed or emailed back to the customer.

 

 

RETURNS TO STOCK

1.    Items should not be returned without prior authorization from Source.

 

2.    In the case of an error on the part of Source, items will be accepted back within 30 days of shipment for full credit.

 

3.    Source will accept a return of regularly stocked items up to 10% of the amount of each invoice without a restocking charge.  This is intended to allow our customers a slight overage on materials such as pipe and fittings on construction orders.  However, all items returned must be clean, undamaged, and in original containers.  Also, fiberglass pipe will only accepted in full lengths, and flexible pipe will only be accepted in minimum of 100 feet continuous lengths.  This allowance will not apply to specially ordered items or repair parts.

 

4.    Return of all other items will be at the discretion of Source and, if accepted for return, will be subject to restocking charges to cover costs incurred by Source, including factory restocking charges, processing costs and return shipping to the manufacturer.  The standard restocking charge will be 20%, but may be higher due to certain vendor return policies.

 

 

DAMAGE OR LOSS IN SHIPMENT

1.    It is the customer’s responsibility to inspect shipments upon delivery and note any damage in writing on the bill of lading at the time of delivery. The customer should also notify Source immediately upon receiving a damaged shipment to arrange for a replacement.

 

2.    The customer should confirm that the number of boxes received matches the bill of lading at the time of delivery.  Shortages due to a loss by the carrier cannot be rectified if not noted by recipient at the time of delivery.

 

3.    The customer should inspect all items for concealed damage and loss within 3 days of receiving the shipment and notify Source if any such damage or loss is noted.

 

4.    No damaged materials should be returned to Source without prior authorization.  Such items will often need to be held for inspection by the freight company at the location where received.

 

CORE RETURNS (Repair & Return & Non-Warranty)

1.    Cores will be accepted on a like-for-like basis, according to the parameters listed on our core return policy, against advanced shipments of exchange parts.

 

2.    Cores returned in advance for Repair and Return will be processed immediately, on a like-for like (or available upgrade) basis, upon receipt of exchange part.

 

3.    See attached Core Return policy for individual return time frames allowable to receive a core credit.

 

 

WARRANTY RETURNS

1.    Source’s sole warranty obligation shall be the honoring of the manufacturer’s factory warranty for items that were sold by Source.

 

2.    If an item not purchased from Source is submitted for warranty replacement, Source may, at its discretion, provide a replacement item, but in this case we will impose a handling fee of $15.00 or 15% of the list price of such item, whichever is greater, per item, to defray our processing costs.

 

3.    All warranty items must be returned to Source with all required paperwork, such as a Source RGA, and any manufacturers warranty service reports or claim forms. Please call if you have any questions regarding requirements for particular items. Items received without proper documentation will be returned to you for correction and re-submittal.

 

4.    If a defective part is first returned to Source for replacement, the replacement will be shipped to you at no charge.

 

5.    If a replacement part is ordered in advance of returning defective item, you will be invoiced at your regular price for that part. If the defective part is returned within 15 days, Source will credit the warranty items on original invoice. If the part is not returned within 15 days, the invoice for the replacement part will need to be paid in accordance with your payment terms. If the part is then subsequently returned, Source will not issue credit against the replacement invoice, but will withhold credit until credit is issued to Source.

 

 

RETURN GOODS AUTHORIZATIONS

In order to abide by manufacturer’s return guidelines, Source obtained RGA’s will have the following validations:

 

1.    “Returns To Stock” RGA’s will be valid for 30 days from date of issuance.

2.    “Warranty Return” RGA’s will be valid for 15 days from date of issuance.

3.    “Core Credit & Exchange” RGA’s will be valid for 15 days from date of issuance.

 

 

SPECIAL NOTE

Although Source may issue an RGA to send items back for credit, that does not insure you will receive credit for those items.

 

1.    Return to stock items will be inspected by Source to make sure item is unused and clean or, original packaging unopened.

 

2.    Core and warranty returns will need to be inspected and accepted by manufacturer before Source will issue credit for items.

 

Source reserves the right to withhold or reverse any credit given for parts that are subsequently rejected by the manufacturer.

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IMPORTANT NOTICE

CORE RETURN POLICY

**EFFECTIVE MARCH 1ST, 2001

 Over the years, suppliers of exchange parts have tightened their policies for returning cores.  In turn, we are forced to do the same. Exchange items are sold on a “Core Credit Upon Return” basis, in the expectation that cores will be returned to Source within a few days of your receipt of the part. This allows us to recover the cost of the core from the supplier which we in turn pass on to you, our customer. If we do not meet the manufacturer’s time limitations, we do not receive our core credit and therefore cannot issue core credit to you, our customer. In order to avoid this added expense we find it necessary to set definite time limits on core returns.

IN ORDER TO RECEIVE CORE CREDIT

  1. You must obtain a Return Goods Request form to be filled out. You can obtain this form from the sales dept of the facility handling your account or email Stephanie Connolly at sconnell@sourcena.com

  2. The form must be filled out and faxed to Stephanie Connolly @ 954-985-2420 or if you have received the form via email then you can email Stephanie at sconnell@sourcena.com

  3. Cores must be received at Source within 15 days* of invoice, with RGA as your return packing slip.

  4. Cores received after this time and/or without Source RGA, will be returned uncredited.

*CORE POLICY EXCEPTIONS & VARIATIONS

    ALLIED ELECTRONICS

     BOARD CORES

     **5 DAYS FROM INVOICE

    BENETT PUMP

     BOARD CORES

     **5 DAYS FROM INVOICE

    ALL OTHER VENDORS

     BOARD CORES

     *15 DAYS FROM INVOICE

    ALL MANUFACTURERS

     NOZZLE CORES

     *30 DAYS FROM INVOICE

    VEEDER-ROOT

     COMPUTER CORES NEEDED IN ADVANCE FOR ORDERING

Please notes that our 15-day core policy is independent of your payment terms. Invoices incorporating core charges should be paid within terms to keep your account balance current; we must receive either payment of the core charge or an acceptable core within terms. We will, of course, issue credit for any core charge paid, if we subsequently receive a core within the 15 day period allowed.

 

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