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Why Shop With Us? |
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Toll Free: 1-800-291-7467 |
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Local: 1-303-458-7467 |
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Fax: 1-303-458-7967 |
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Mon-Fri 9:00am-5:00pm MST |
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TERMS OF USE & CONDITIONS
Prices.
Prices listed do not include freight, handling fees, or taxes and/or duties where applicable, and are subject to correction or change without notice.
Sales Tax.
Customers are responsible for all applicable taxes or for providing a valid sales tax exemption certificate.
Payment Terms.
Powers Industrial Group accepts Visa, MasterCard, Discover, and American Express. For customers with established credit with Powers Industrial Group, payment terms are net 30 days from the date of shipment or pick-up. Anticipation and cash discounts are not allowed. Export orders may be subject to special export payment terms and conditions. All payments must be in U.S. dollars. Powers Industrial Group shall have the right of set-off and deduct for any sums owed. If customer fails to make payment within thirty (30) days, Powers Industrial Group may defer shipments until such payment is made, or may, at oour option, cancel all or any part of unshipped order.
Credit Balance.
Customer agrees that any credit balances issued will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND Powers Industrial Group SHALL HAVE NO FURTHER LIABILITY.
Shipping Charges.
Products are shipped F.O.B. shipping point with freight costs and handling fees paid by Powers Industrial Group and charged to the customer. C.O.D. shipments are not permitted. Other terms and conditions may apply for freight collect, export orders, hazardous materials, special handling or shipments outside the contiguous United States . Any extra charges incurred for additional services, such as customer's carrier or special handling by the carrier, must be paid by the customer. Title and risk of loss pass to the customer upon tender of shipment to the carrier. If product is damaged in transit, customer must file claim with the carrier.
LIMITED WARRANTY
LIMITED WARRANTY. ALL PRODUCTS SOLD ARE WARRANTED BY Powers Industrial Group ONLY TO CUSTOMERS FOR RESALE, OR FOR USE IN BUSINESS, OR ORIGINAL EQUIPMENT MANUFACTURE, AGAINST DEFECTS IN WORKMANSHIP OR MATERIALS UNDER NORMAL USE FOR ONE YEAR AFTER DATE OF PURCHASE. ANY PRODUCT DETERMINED BY Powers Industrial Group TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP AND RETURNED TO A Powers Industrial Group BRANCH OR AUTHORIZED SERVICE LOCATION, AS Powers Industrial Group DESIGNATES, SHIPPING COSTS PREPAID, WILL BE, AS THE EXCLUSIVE REMEDY, REPAIRED OR REPLACED, OR AT Powers Industrial Group OPTION, THE PURCHASE PRICE REFUNDED.
WARRANTY DISCLAIMER. NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY STATEMENT ABOVE IS MADE OR AUTHORIZED BY Powers Industrial Group. Powers Industrial Group DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION OR MISAPPLICATION, AND ANY DESCRIPTION DOES NOT EXPRESS OR IMPLY A WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES IS EXPRESSLY DISCLAIMED. Powers Industrial Group'S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.
Prompt Disposition.
Powers Industrial Group will make a good faith effort for prompt correction or other adjustment with respect to any product, which proves to be defective within warranty period. Before returning any product, write or call the Powers Industrial Group branch from which the product was purchased, or contact Customer Service giving date and number of original invoice, and describing defect.
Product Suitability.
Many states and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While Powers Industrial Group attempts to assure that its products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, please review the product application, and national and local codes and regulations, to be sure that the product, installation, and use will comply with them.
OSHA Hazardous Substance.
Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances are prepared and supplied by manufacturers. The information and recommendations contained on the MSDS are believed to be accurate. However, Powers Industrial Groupmakes no warranties with respect to the accuracy of the information or the suitability of the recommendations. Customer is solely responsible for any reliance on or use of any information, and for use or application of any product. Powers Industrial Group disclaims any and all liability to any user.
Force Majeure.
Powers Industrial Group shall not be liable for any delay in or impairment of performance resulting in whole or in part from any force majeure event, including but not limited to Acts of God, labor disruptions, shortages, inability to procure product, supplies or raw materials, severe weather conditions, or any other circumstances or cause beyond the control of Powers Industrial Group in the conduct of its business.
Product Return.
Call customer service at 1-303-458-7467 for instructions. Proof of purchase is required.
Availability.
Certain products may not be available for sale in all areas or at all times.
Assignment.
Customer shall not assign any order or any interest therein without the prior written consent of Powers Industrial Group. Any actual or attempted assignment without Powers Industrial Group's prior written consent shall entitle Powers Industrial Group to cancel such order upon notice to customer.
Modification of Terms.
Powers Industrial Group's acceptance of any order is subject to customer's assent to all of the terms and conditions set forth in Powers Industrial Group's acknowledgment, and customer's assent to these terms and conditions shall be presumed from customer's receipt of Powers Industrial Group's acknowledgment, or from customer's acceptance of all or any part of the goods or services ordered. No addition or modification of terms and conditions shall be binding upon Powers Industrial Group unless agreed to by Powers Industrial Group in writing. If a purchase order or other correspondence contains terms or conditions contrary to the terms and conditions contained in Powers Industrial Group's acknowledgment, Powers Industrial Group's acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by Powers Industrial Group of any of the terms and conditions contained in Powers Industrial Group's acknowledgment.
Waiver, Choice of Law and Venue.
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of CO, excluding conflict of law rules, and venue shall be in City and State of Denver, CO.
No Third Party Benefit.
The provisions stated above are for the sole benefit of the parties hereto, confer no rights, benefits or claims upon any person or entity not a party here to.
Complete Agreement.
The terms and conditions in Powers Industrial Group's forms, acknowledgments, quotations, invoices, websites, and catalog sales terms and conditions are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and Powers Industrial Group.
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