Terms of Sale
- NATURE OF DOCUMENT: This document is the acknowledgement of a contract between Advance Caster & Wheel Company (the “Company”), and the party to whom this form is directed (the “Buyer'') providing for the sale of the products specified (the “Products”) to Buyer on these Terms of Sale; however, if this document is construed to be an acceptance.
Acceptance is expressly made conditional on the Buyers agreement to all of the terms and conditions contained herein.
- TERMINATION BY THE COMPANY: The Company reserves the right to unilaterally terminate the contract for sale of the Products at any time if the Company determines that the Buyer's credit is not satisfactory.
- PRICES: All prices are Freight on Board (FOB), exclusive of taxes and duties. Errors of omission in prices are subject to correction. Prices are subject to adjustment of the Company's prices in elect at the time of shipment. Quotations for Products and Services are valid for 30 days. All wholesale discounts are contingent on the purchase of the agreed upon minimum quantity.
- SAMPLES: Advance Caster & Wheel Company offers samples to Net 30 Buyers, with the exception of custom order Products, at no charge up to a limit of $5. The Buyer will be responsible for all shipping costs incurred in the procurement of samples. For all samples, including custom order Products, with a value greater than $5 the Buyer will be charged the quoted price plus all shipping costs. All returned samples are subject to the Returns policy, with the exception of custom order samples which are not eligible for return.
- SALES TAX: We are required to collect sales tax in Michigan. If you are based in another state or country we are not responsible for the collection of sales taxes. However, you still may be responsible to pay sales tax. Unless you provide the Company with a valid and accurate tax-exemption certificate applicable to your Product purchase and ship-to location, you are responsible for sales tax and any other taxes or governmental fees associated with your order. The Buyer may qualify for tax exemptions in which case that Buyer must provide the Company with a valid certificate of exemption or other appropriate documentary proof of exemption.
- PRODUCT DISPLAY: Every effort has been made to display Products featured on our site as accurately as possible. Please note that the colours we use as well as the display and colour capabilities of your particular computer monitor, will greatly affect the colours actually seen on the screen. Advance Caster & Wheel Company cannot be responsible for the limitations of your monitor's display of any color, texture, or detail of actual merchandise. The company is not responsible for errors in typography and photography.
- DISCONTINUED OR CHAGNED PRODUCT: The Company may revise and discontinue Product at any time without notice to you. Advance Caster & Wheel Company will ship Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible.
- ERRORS ON SITE: Advance Caster & Wheel Company works hard to publish information accurately, update the site regularly and correct errors when discovered. However, any of the content on our website may be incorrect or out of date at any given time. The Company reserves the right to make changes to the website at any time, including to Product prices, specifications, offers and availability
- PAYMENT: Unless otherwise specified by the Company, payment terms will be net cash or credit card; 30 days from date of invoice. Payable in U.S. Funds. A charge of the lesser of 2% per month or the highest rate that may be charged to the Buyer will be imposed on overdue accounts. Buyers will be liable for all expenses (including attorneys' fees) incurred in collecting any overdue accounts. Advance Caster & Wheel Company reserves the right to withhold shipments to any delinquent Net 30 account. Buyers who are habitually delinquent become Cash Prior To Delivery accounts and require prior authorization before the fulfillment of all purchase orders.
- PAYMENT TERMS - NET 30: Payment is due on all within 30 days of invoice. Prices and Specifications subject to change without notification. Prices based on U.S. Currency - plus freight F.O.B. shipping point.
- PAYMENT TERMS - ONLINES SALES: All orders paid with a credit card. Prices and Specifications subject to change without notification. Prices based on U.S. Currency - plus freight F.O.B. shipping point.
- FREIGHT: Carriers will be selected by the Company, unless the Buyer instructs otherwise. Claims against carriers for damages or lost merchandise must be filed by Buyer on all F.O.B. shipments.
- INSPECTION: Buyer must inspect all Products and notify the Company within 7 business days of receipt if there are any obvious defects or shortages. If the Company is not so notified, the Buyer will not be entitled to any recourse for those defects and shortages.
- BUYER’S RESPONSIBILITY: It is the Buyer’s responsibility to mount casters in a workmanlike manner so there will be no risk to the operator’s safety. Further, it is the Buyer’s responsibility to determine the fitness of the caster or wheel for its application. Concerning casters with stem attachments; it is to be screwed into the Buyer’s unit, the Buyer must add a washer to the stem that will cover the incomplete threads. The stem shoulder must fit tightly against the unit.
- RETURNS & LIMITED PRODUCT WARRANTY: If on receipt of goods you find that Product is unsatisfactory or not as ordered a claim for return or exchange, at the Company’s discretion, should be submitted to Customer Service no later than 7 days from receipt of Product. Prior written permission must be obtained from the Company with a RA # (Return Authorization number) via e-mail or fax before any merchandise may be returned. Please provide the Customer Service Representative with your Name, Invoice Number, Part Number, a description of the apparent problem(s), and the quantity that you wish to return or exchange. When returning a Product, there is a 15% restocking fee required to be paid. Do not return Product without following the above procedure; it may delay refunds or acquiring the correct Product. No returns on custom made items unless manufacturing is at fault. Products must be returned to Advance Caster & Wheel Company in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale.
Advance Caster & Wheel Company offers a Limited Product Warranty for Products found to be defective in either material or workmanship. All returns and refunds of defective Products must be preceded with a phone call to a Customer Service Representative at Advance Caster & Wheel Company within the warranty period. The warranty period for defective merchandise is 30 days from the invoice date. Advance Caster & Wheel Company will pay all freight charges for returning or replacing defective merchandise. This Limited Warranty does not apply to damage to Products which occurred as the result of abuse, improper installation, mishandling, improper maintenance, overloading, or exposure to harsh environments or conditions. Non-defective merchandise must be returned in the same condition it was shipped; we will not honor the return of such items if they appear to be used or abused in any way. In return situations a refund or credit of the appropriate sort will be issued upon receipt of your Product. In cases where the Buyer returns Products not in accordance with the stated policy Advance Caster & Wheel Company will refuse delivery and return the products at the Buyer’s expense or may apply a handling charge with relates to the actual cost of reprocessing the Product. In addition, The Company accepts no responsibility for any loss of or damage to Products in transit from the Buyer to Advance Caster & Wheel Company.
- RETURNS DO TO CANCELATION: Orders, which are cancelled prior to shipment, will be subject to a cancelation charge of 20%. Prior written permission must be obtained from the Company with a RA # (Return Authorizations number) before any merchandise may be returned. All returns will be subject to a 15% restocking charge plus freight and will be credited at original invoice value only. All returns must be prepaid. All merchandise must be shipped prepaid, C.O.D. shipments will be refused. Orders for custom merchandise may not be cancelled once manufacture of the Products has commenced. No returns on custom-made items unless manufacturing is at fault.
- ORDER PROCESSING: Advance Caster & Wheel Company Online Order’s are processed and shipped only during our regular business hours: 8:00 A.M. to 5:00 P.M. EST, Monday to Friday, excluding Holidays. The vast majority of our orders are processed within 48 hours of the business day in which they are received. Orders are generally shipped within 3 to 5 business days from the date of processing.
Online Sales delivery dates on all UPS shipments are based on the date the order is processed and shipped, not on the date the order is placed. For instance, if an order is placed late Friday afternoon, the order should be processed on Monday. We do not accept responsibility for delays caused by UPS, either by mistake or as a result of policy issues.
For all non-online sales Advance Caster & Wheel Company will determine the least expensive means of shipping, and add the amount to the bill (pre-pay & add), unless otherwise specified at the time of the sale. For packages under 150 lbs we ship by United Parcel Service (UPS) ground. The maximum weight for a ground shipment box handled by UPS is 70 lbs. Orders that weigh over 150 lbs will be shipped by a common freight or trucking company (LTL) of our selection, unless otherwise specified. It is our policy with all orders to combine multiple items into the minimum number of containers necessary, whenever possible.
Shipping costs are based on real time UPS rates and the actual weights of the items shipped. The shipping charges are calculated at the point of the sale on the basis of (1) the actual weight of the items purchased and the packaging materials, (2) the shipping distance from the manufacturing facility to the ship to address, and (3) the real time shipping rates published on the UPS web site.
We have and will continue to ship anywhere in the world that UPS makes deliveries. UPS will only deliver to physical street addresses, not to PO Boxes or APO’s. They also mandate that orders shipped to Canada or other locations outside of the USA must be accompanied by a telephone number. Advance Caster & Wheel Company is not responsible for any duties or taxes levied by customs or the like, nor are we responsible for delivery delays that result from customs or the like. For Buyers that have shipping contracts with UPS, we will ship collect on the Buyer’s account, but only if we have permission in writing, including the appropriate UPS account information.
- PACKING: The Company will determine the most efficient method of-packaging. Special packaging will be subject to an additional charge.
- DELIVERY TIME: Delivery dates are estimates only. Time shall not be of the essence unless specifically agreed in writing.
- DISCLAIMER OF WARRANTIES: All warranties on the Products both express and implied are disclaimed including, without limitation, the IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- CONSEQUENTIAL DAMAGES: In no event shall the Company be liable for loss of use, revenue or profit or for any other incidental, special or consequential damage.
- DELAYS: The Company shall not be liable for any delay or failure to perform if caused by an event of contingency beyond its reasonable control irrespective of the nature thereof.
- MODIFICATION - GOVERNING LAWS; ENTIRE AGREEMENT: No modification of the terms and conditions specified in this document shall be binding upon the Company unless agreed to by the Company in writing. The contract shall be governed by, and consented in accordance with, the laws of the State of Michigan, the location of the executive offices of Bonne' Corp. If accepted by Buyer these provisions shall constitute the entire agreement of the parties with respect to the sale of the Products by the Company to Buyer.
- ARBITRATION: Any controversy arising under the contract, or the breach thereof, shall be finally settled by arbitration in the state of' shipment origin under the rules of the American Arbitration Association, and judgment upon the award may be entered in any court having jurisdiction.
- NET 30 PURCHASE ORDERS: The Buyer must submit purchase orders using Advance Caster & Wheel Company’s part numbers, unit pricing, the expected date of fulfillment, and delivery option if applicable. Purchase orders received without the aforementioned information many result in processing delays or non-shipment due to inability to process.
- PRODUCT USE: Buyer shall indemnify, Hold Harmless and Defend Seller from and against any and all expenses arising out of any injury or damage which results from Buyer's misuse, misapplication or failure to inspect or maintain the Products.
WE HEREBY CERTIFY THAT THESE GOODS WERE PRODUCED IN COMPLIANCE WITH ALL APPLICABLE REQUITREMENTS OF SECTIONS 6, 7 AND 12 OF THE FAIR LABOR STANDARDS ACT, AS AMENDED, AND OF REGULATIONS AND ORDERS OF THE UNITED STATES DEPARTMENT OF LABOR ISSUED UNDER SECTION 14 THEREOF, SELLER REPRESENTS PRICES CHARGED ON THIS INVOICE DO NOT EXEED APPLICABLE MAXIMUM PRICES, IF ANY, PERMITTED BY GOVERNMENTAL REGULATIONS.