Terms of Sale, Returns and Credit Policies
Source North America Corporation strives to provide customers with a positive transaction experience. For your convenience, click the links below to download a Credit Application or a Return Goods Request Form. To review Source’s Terms of Sale, please scroll down this page.
Source North America Corporation forms available for download:
SOURCE NORTH AMERICA CORPORATION
TERMS OF SALE
- TERMS AND CONDITIONS OF SALE. The proposal on the face of this document constitutes Seller’s offer to sell the goods identified based on the terms and conditions below and the terms and conditions of any Application for Credit submitted by Applicant and any attachments and exhibits which form a part hereof. Unless otherwise stated, prices stated shall remain good for 30 days from date of this offer. Seller may fulfill this order with equal or better product for the prices set forth on the face of this offer. By accepting delivery of the goods identified on the face of this offer, Applicant agrees to the terms and conditions stated below. For Applicant’s convenience only, and not to alter these Terms of Sale, Applicant may use any form of Purchase Order customary to its business practices. However, in the event of any conflict between Applicant’s terms and the Terms of Sale below, Seller’s Terms of Sale shall govern. Applicant’s shipping instructions shall constitute acceptance of these Terms of Sale.
- SERVICES. Unless otherwise agreed in writing, Seller shall provide no services to Applicant beyond delivering the goods contained on the face hereof. Applicant acknowledges Seller has not designed or engineered any of the product or systems identified on the face hereof. Applicant further acknowledges that it has furnished Seller with plans, specifications and its requirements and has not relied on Seller’s recommendations or designs.
- PAYMENT. Applicant agrees to make payment within Seller’s terms of payment as stated in the Terms area of the Invoice, or Applicant will be subject to and responsible for charges of 1-1/2% per month ( 18% annum) from the date payment is due until the date payment is made or the maximum amount allowed by law.
- TITLE AND DELIVERY AND RISK OF LOSS IN TRANSIT. Time is not the essence of this offer. Seller shall use its best efforts to meet Applicant’s delivery date requirements. Seller shall notify customer of delay. Unless stated to the contrary on the face of this offer, all goods will be shipped F.O.B. point of shipment, and title and risk of loss or damage to the goods shall pass to the Applicant upon Seller’s tender of delivery to carrier at origin. Seller’s performance shall be deemed complete on tender to the originating carrier. 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. Unless otherwise agreed on the face hereof, Seller shall ship product freight collect using a carrier of Applicant’s choice. If Applicant fails to select a carrier, Seller shall do so, at rates established by the carrier it selects. In all instances, Applicant bears the burden of insuring the goods against risk of loss or damage in transit whether domestic or international and regardless of mode of transit. In the event Applicant fails to note loss or damage on bills of lading at delivery, the shipment shall be deemed to have been received in good order. Failure to note any patent loss and damage shall conclusively be deemed a waiver of such claim. Applicant shall notify Seller in writing of any latent loss or damage claim (including any claimed error in quantity shipped) within 5 business days after receipt of the goods or such claim shall be waived.
- ERRORS. Typographical and/or mathematical errors made by Seller in quotations, acknowledgements or invoices are subject to Seller’s correction.
- INSPECTION AND ACCEPTANCE. Applicant shall count and inspect goods within three business days following delivery at destination. Unless the shipment, or any lot thereof, is rejected within five business days following carrier’s tender of delivery, Applicant will be deemed to have accepted the goods. No goods may be returned without the Seller’s permission, and if authorized for return, transportation charges must be prepaid by Applicant unless otherwise noted by Seller in the authorization to return goods. Returned goods shall be shipped FOB destination. 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.
- 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 Applicant 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.
- WARRANTY AND DISCLAIMER. SELLER MAKES NO EXPRESS WARRANTY WITH RESPECT TO THE GOODS IDENTIFIED ON THE FACE HEREOF. SELLER MAKES NO IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, WITH RESPECT TO THE GOODS IDENTIFIED ON THE FACE HEREOF. APPLICANT RECOGNIZES THAT ITS WARRANTY RIGHTS ARE LIMITED TO, AND BY, THE MANUFACTURERS’ WARRANTIES FOR THE PRODUCT IDENTIFIED ON THE FACE OF THIS OFFER. THE TERMS OF SUCH WARRANTIES CAN BE OBTAINED AT www.sourcena.com/warranties. BY REMITTING ITS PURCHASE ORDER TO SELLER, APPLICANT ACCEPTS THE TERMS AND LIMITATION OF WARRANTIES AS PUBLISHED ON SELLER’S WEBSITE. APPLICANT WAIVES ANY AND ALL CLAIMS IT HAS, OR MAY HAVE, AGAINST SELLER FOR ANY CLAIM ARISING FROM BREACH OF WARRANTY, WHETHER EXPRESS OR IMPLIED. IN THE EVENT APPLICANT HAS A WARRANTY CLAIM, APPLICANT’S RIGHTS, REMEDIES AND LIMITATIONS OR REMEDIES SHALL BE AS DEFINED IN, AND LIMITED BY, THE MANUFACTURERS’ WRITTEN WARRANTIES, AS SET FORTH ON SELLER’S WEBSITE: www.sourcena.com/warranties. Those products which are manufactured by Source North America are subject to a separate Limited Express Warranty available on Source’s website, www.sourcena.com/warranties.
- DISPUTES AND REMEDIES. In the event Applicant presents a claim for breach by Seller, Seller shall not be liable for any indirect, incidental or consequential damages to Applicant or to any third party beneficiary. In the event of any claim for breach of warranty, Applicant’s remedies are limited by and to the terms of such warranty. In the event of any action to enforce or interpret this agreement, the prevailing party shall be entitled to recover its costs of such action, including its reasonable attorney’s fees. Any dispute between the parties shall be resolved by arbitration conducted by the American Arbitration Association in Chicago, Illinois. Illinois law shall govern the interpretation and enforcement of these Terms of Sale without respect to that state’s conflict of laws rules.
- BUYER’S RESPONSIBILITY AND INDEMNITY OF SELLER.
- a. Applicant assumes sole responsibility for providing adequate and efficient safe-ground, work-handling 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 the Applicant. Seller shall bear no responsibility whatsoever for the failure of Applicant to order, install, or use safeguards, work-handling tools; or safety devices. Applicant shall establish proper and safe operation procedures, including but not limited to, procedures set forth in any manuals or instruction sheets relating to the goods, and shall require all persons who operate, set up, or maintain the goods to follow all such safety procedures. Applicant shall not remove or modify any devices, warning signs, or manuals furnished with, installed upon, or attached to the goods. Applicant waives any and all claims that it may have against Seller for any loss, injury or damages arising from Applicant’s use or resale of the goods identified on the face hereof. Applicant assumes all risk arising from failure to install and maintain the goods in accordance with manufacturer’s installation instructions and maintenance schedules and instructions.
- b. Applicant shall notify Seller promptly, in writing, and in all events within ten (10) days after any accident or malfunction involving any goods sold by Seller which is alleged to have caused or is believed to have caused personal injury or property damage, including release of liquid into environment. Applicant shall cooperate fully with Seller in investigating and determining the cause of any such accident or malfunction and shall provide all non attorney-clieint privileged documentation to Seller in aid of Seller’s investigation. Reports prepared by experts engaged by Applicant shall be disclosed to Seller regardless of work product or attorney client privilege rule.
- c. Applicant shall indemnify, defend and hold Seller and its agents and employees harmless from and against any and all loss, damage, expense (including reasonable attorney’s fees), claims, suits, or liabilities arising from the installation and/or use of the goods contrary to the terms of these Terms of Sale.
- LIMITATION OF ACTION. Any action or suit against Seller arising in any way from the quotation, these Terms of Sale, or with respect to the goods shall be commenced within one (1) year after the date of acceptance of the goods by the Applicant.
- SEVERABILITY & WAIVER. The invalidity of any of the terms and conditions provided on the invoice shall not invalidate the remaining valid terms and conditions which shall remain in full force and effect. No waiver of performance required by Applicant 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.
- EXPORT SALES. Applicant shall not use the goods, or offer them for resale, in any nation to which export of United States manufactured goods is restricted under federal law. In the event Applicant is acquiring the goods for resale, it will do so in accordance with all United States trade regulations and prohibitions.
RETURNED GOODS POLICY
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 receive authorization to return material, customers must fill out a Return Goods Request form. Forms may be downloaded here, or obtained by fax or email from the Source branch handling the account. The Return Goods Request may then be faxed to RG Coordinator at (847)364-1788 or emailed to email@example.com. A numbered Return Goods Authorization will be faxed or emailed back to the customer.
RETURNS TO STOCK
- Items should not be returned without prior authorization from Source.
- In the case of an error on the part of Source, items will be accepted back within 30 days of shipment for full credit.
- 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.
- 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
- 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.
- 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.
- 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.
- 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)
- 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.
- 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.
- See attached Core Return policy for individual return time frames allowable to receive a core credit.
- Source’s sole warranty obligation shall be the honoring of the manufacturer’s factory warranty for items that were sold by Source.
- 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.
- 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.
- If a defective part is first returned to Source for replacement, the replacement will be shipped to you at no charge.
- 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:
- “Returns To Stock” RGA’s will be valid for 30 days from date of issuance.
- “Warranty Return” RGA’s will be valid for 15 days from date of issuance.
- “Core Credit & Exchange” RGA’s will be valid for 15 days from date of issuance.
Although Source may issue an RGA to send items back for credit, that does not insure you will receive credit for those items.
- Return to stock items will be inspected by Source to make sure item is unused and clean or, original packaging unopened.
- 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.
CORE RETURN POLICY
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
- You must obtain a Return Goods Request form to be filled out. You can obtain that form here, or from the sales dept of the facility handling your account.
- The form must be filled out and faxed to RG Coordinator at (847) 364-1788 or emailed to firstname.lastname@example.org.
- Cores must be received at Source within 15 days* of invoice, with RGA as your return packing slip.
- 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 note 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.