Terms & Conditions
AMERICAN WEIGH SCALES, INC.
TERMS AND CONDITIONS OF SALE
Governing Provisions: In these terms and conditions of sale (“conditions”) “we,” “us,” and “our” means American Weigh Scales, inc., and “you” and “your” means the person, company or other entity that orders or buys a scale from us, and in each case their respective successors and/or assigns. We are shipping the scale(s) you ordered (“product(s)”) subject to these conditions. All orders shall be binding upon you, and shall only cease to be binding upon you if and when expressly rejected by us. Only accepted orders shall be binding upon us. We may accept orders either by express written acceptance or by performance by shipping the ordered products, at our election. Our failure to object to provisions contained in any purchase order or other form or document from you shall not be construed as a waiver of these conditions nor an acceptance of any such provision. These conditions, including all writings incorporated herein by reference, any quotation issued to you by us, and those specific terms of an accepted order identifying the quantity and requested delivery dates of products that are consistent with these conditions, constitute the entire contract between us (“contract”), and supersede all prior agreements and understandings between us, whether written or oral, relating to the subject matter hereof. We expressly disclaim and shall not be bound by any terms or conditions offered by any of our resellers. In the event of a conflict, a quotation takes precedence over these conditions, and a written contract signed by both of us takes precedence over either. If one or more of these conditions are held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining conditions shall be unimpaired.
Delivery: All sales are FCA our shipping point (Incoterms 2000). We reserve the right to make delivery in installments, all such installments to be separately invoiced and paid for when due per invoice.
Payment: Unless otherwise specified in a written quotation we provide to you, products will be billed at the price in effect at the time shipment is made. Prior to placing an order, prices are subject to change from time to time without notice. Unless otherwise specified in a written quotation we provide to you, you must pay for each product at the time you place the order. All payments shall be made in U.S. Dollars. You may make no offset for any amounts due to us regardless of the justification for such intended offset. If you default in making any payment to us when due, we may, at our option and without prejudice to our other lawful remedies, defer delivery or cancel the contract, and/or impose a late fee on unpaid amounts equal to the lesser of (i) one and one-half percent (1.5%) per month, or (ii) the maximum rate allowable by law, accruing daily from the due date until such amount is paid.
Taxes and Other Charges: Any use tax, value added tax, sales tax, excise tax, duty, inspection or testing fee, or any other tax, fee or charge imposed by any governmental authority, on or measured by the transaction between us shall be paid by you in addition to the prices quoted or invoiced. If we are required to pay any such tax, fee or charge, you authorize us to bill such tax, fee or charge to the credit card you used to place the order, or you shall reimburse us therefore, in each case unless you provide us at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing such tax, fee or charge.
Inspection: Upon your receipt of product shipped hereunder, you shall inspect the product and contact our customer service department (by email to firstname.lastname@example.org or phone (866) 643-3444 ) of any claims for shortages, defects or damages within 48 hours of delivery. If a product is inoperable and you notify us within 48 hours of delivery, then we will send you a replacement product at no extra cost and a prepaid label for return of the defective product. All such returns are subject to Section 6. If we determine, however, that the product was not inoperable, then you authorize us to charge the credit card you used to place the order for all associated shipping costs. If you do not ship the inoperable product within 5 days of the date we send you a shipping label, then you authorize us to charge the credit card you used to place the order for the replacement unit. If you fail to notify us of shortages, defects or damages within the 48 hour time period, the product shall conclusively be deemed to conform to these conditions and to have been irrevocably accepted by you. Any problems encountered with your scale after 48 hours of delivery must be resolved through our warranty process.
Returns: You may return a product for any reason within 10 days of delivery for a refund. Authorization for ALL returns must be approved by our customer services department (by email to email@example.com or phone (866) 643-3444) and a return authorization number (RMA) must be given to you prior to the return. All return shipments must be postmarked within 5 days of receipt of the RMA. You must include a copy of your sales receipt, your RMA number and a contact phone number with your return. Returns that do not include this information and that we cannot associate with a specific order will be disposed within 60 days of receipt without refund or other liability.
Refunds: Except for products damaged during shipment to you, products authorized for return must arrive at our facilities in exactly the same condition as they were received to be eligible for refund. For refunds, we will issue a refund for the amount you paid for the returned Products minus a 20% restocking fee. Shipping charges will not be credited or refunded. No refund shall be processed if a past due balance is outstanding on your account. All accessories and paperwork must be included with your return, and there must be no damage to the packaging. If we receive a product for return with damage to the box, missing items, or signs of use, we will either reject the return or charge a 30% to 50% restocking fee, in each case at our sole discretion.
Exclusion of damages: to the maximum extent permitted by applicable law, because some jurisdictions limit or do not allow certain exclusions or limitations of warranties or liability, sections 8 and/or 9 may not partially or entirely apply to you. To the extent that any such limitation or exclusion of liability or warranty is circumscribed, it shall be limited to the least extent possible under applicable law. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy provided herein.
Limitation of liability: to the maximum extent permitted by applicable law, because some jurisdictions limit or do not allow certain exclusions or limitations of warranties or liability, sections 8 and/or 9 may not partially or entirely apply to you. To the extent that any such limitation or exclusion of liability or warranty is circumscribed, it shall be limited to the least extent possible under applicable law. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy provided herein.
Technical Assistance: All technical assistance and information we provide to you regarding the goods will be provided gratis, and you assume sole responsibility for results obtained in reliance thereon. We make no warranty regarding such technical assistance or information, and our warranties shall not be enlarged or affected by, and no obligation or liability shall arise out of our advice or assistance.
Miscellaneous: We shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver or otherwise perform hereunder due to any cause beyond our reasonable control. The Contract shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to the principles of conflicts of laws, and any and all suits hereunder shall be brought and resolved solely and exclusively in, and the parties hereby irrevocably consent to the exclusive jurisdiction and proper venue of, the state and federal courts located in Norcross, Georgia, U.S.A., and waive any objections thereto based on any ground including improper venue or forum non-conveniens. Notwithstanding the foregoing, we may enforce judgments or seek injunctive relief for an infringement or threatened infringement of intellectual property rights in any court of competent jurisdiction. The United Nations Convention on contracts for the International Sale of Goods shall not apply to this contract. Our exercise of any option, or failure to exercise any rights hereunder shall not constitute a waiver of our rights to damages for breach of contract and shall not constitute a waiver of any subsequent failure, delay, or breach by you.