Terms and Conditions of sale
See the following for the terms and conditions of sales for Protronix Controls.
PROTRONIX CONTROLS, LLC.
Purchase Acknowledgement And Standard Terms And Conditions. These terms and conditions govern the sale of products sold by Protronix Controls, LLC, (Seller). These terms and conditions take precedence over any additional or different terms and conditions of customer to which notice of objections is hereby given. Acceptance by customer is limited to these terms and conditions. Neither the Seller’s commencement of performance, nor delivery shall be deemed or constituted as acceptance, on any additional or different terms and conditions of customer.
ACCEPTANCE: The terms and conditions herein and set forth are incorporated into the Seller’s acceptance. This is an exact copy of the subject order as accepted Seller. and entered for processing at the Seller. This acceptance should be carefully compared with buyer’s original order and the Seller. Quote (if applicable) and any terms not specifically set forth herein are deemed objected to, not withstanding any different or additional terms that may be embodied in buyer’s purchase order, buyer’s purchase order is accepted only on the condition that buyer expressly consent to the terms and conditions contained in this acceptance, is given by buyer to the Seller writing the earlier of said three (3) days or the date the manufacture begins Manufacturing of the item(s). Buyer agrees that this acceptance, including the terms and conditions herein, shall constitute the complete, entire, and final agreement between the Seller and buyer in respect of this order. No waiver, alteration, or modification of the terms and conditions contained herein, shall be binding unless specifically accepted by the Seller authorized representative in writing.
Transportation and Delivery price Changes. Transportation and delivery prices are subject to change without notice. All orders are accepted subject the Seller’s price in effect at the time of shipment. All charges in freight rates or transportation charges used by the Seller. in computing prices and charges shown on thi acceptance occurring after the date of this acknowledgement will be for Buyer’s account. If Buyers’ should change the point at which the products are to be delivered F.O.B. the corresponding increase of decrease in freight transportation charges will be for Buyer’s account. The Seller shall not be liable for any transportation changes incurred at destination such as spotting, switching, drayage, demurrage, pier unloading charges, etc.
Payment shall be due in 30
from the date on the Invoice.
Terms other than 30 Days of payment on all shipment are subject
to approval by Seller. and it’s Accounts Receivable Manager. ANY
AMOUNTS NOT PAID BY 60 days of THE DUED DATE AS INDICATED ON THE FACE OF
PROTRONIX CONTROLS, INC. INVOICE TO BUYER SHALL BE SUBJECT TO A FINANCE
CHARGE OF ONE AND A HALF (1.5%) PERCENT PER MONTH UNTIL PAID IN FULL.
The rate of said finance charges are being equivalent to an annual
Percentage rate of 18% per annum. In no event however, shall the rate of
the said finance charge exceed the highest rate permitted by law.
NONPAYMENT of an account will be sent to collections and interest
will be added through to the end date of collection. CONTINUED NON
PAYMENT will be subject to all interest and Attorneys’ fees and
will be filed immediately with the County Court for recovery of all
charges, cost, fees, delivery, and interest associated with the process
of collection on an acco0unt and will before Buyer’s account.
TAXES and rate charged. The Seller collects DAVIS COUNTY tax at the current rate. NON-TAXABLE. By law requires a TC-721 FORM, EXEPTION CERTIFICATE AND MUST BE ON FILE/RECORDED FOR ALL TAX EXEMPT PURHCASES. Taxes are charged from the location the shipment is SHIPPED FROM, in most cases that is Centerville City, UT. , because if a shipment is lost or damaged before reaching customer’s site , it is the Seller that would file the claim with the carrier, since the Seller remains l in possession of product until it arrives to the customers’ designated site. Once the item(s) are received at the Customer site, the Customer takes full responsibility and possession of shipment.
TAXES. Buyer is responsible for computing and paying tax with respect to the sale, purchase, delivery, storage, processing, use, consumption, services or transportation of any of the products sold.
Market Price Changes. In the event of any market changes in the cost of raw materials beyond the controls of the Seller during the Manufactures’ process for any of the reasons set forth below the material prices shall be increased to account for the additional cost and Protronix Controls, Inc. shall give notice of such to Buyer.
Delivery. Manufacture shipment and delivery shall be subject to any prohibition or regulation imposed by the federal or any state or local government or any subdivision or agency thereof. The Sellere shall not be liable for any delay or failure to perform in whole or in part, directly or indirectly resulting from or contributed to acts of GOD, war riot, embargoes, acts of civil or military authorities, national emergencies, insurrection or riots, floods, strikes, work stoppage, accidents, casualties, inability to procure supplies and raw materials, delays in transportation, shortage of cars, or other caused beyond the Seller’s control.
Cancellations. The contract resulting from this acknowledgement and acceptance of the Buyers’ order cannot be cancelled, terminated or modified by Buyer in whole or in part, nor shall released be held up by Buyer after raw material is in process, except with the Seller’s. consent in writing and then only upon terms and conditions to be agreed upon which shall include protection of Protronix controls, Inc. against all loss direct and consequential.
Regardless if under manufactures warranty or not: Orders are processed
in accordance with Protronix Controls, Inc. Terms and Conditions.
All returns require a RMA #, are subject to restocking fees, and all
shipping costs associated. No equipment will be accepted and will be
returned unless a RMA# has been obtained from an authorized
representative of the Seller. Unauthorized returns of equipment
cannot be accepted. NOTE: ALL CUSTOM ORDERS ARE NON-RETURNABLE.
A. Please call 1-800-464-2456 and ask for the Return Authorization representative.
B. Or visit www.protronixcontrols.com find SERVICES tab, then choose RMA, Return merchandise Authorization, scroll to the bottom of the page and find “Download RMA form” (this has the RMA form download version for your convenience.) All areas of the form must be Complete and submitted by fax 801-683-3134 or by email email@example.com immediately to begin the process and to obtain Authorization(s). Incomplete forms will delay processing. NOTICE: A complete form does NOT guarantee eligibility it only begins the process to verify eligibility and determine the next step possible.
C. Return Authorization forms can be sent to: Email to firstname.lastname@example.org
or Fax to 801-683-3134.
All Warranties (custom or standard part(s).whether expressed or implied
are restricted to each individual manufactures warranties, both in
length of time for each warranty and in what is specifically covered
with each individual manufactures warranties.
Waiver. Waiver by the Seller or Buyer of a breach by the other of an provisions herein shall not be deemed a waiver of future compliance therewith; any such provisions shall remain in full force and effect.
NOTICES. NOTICES SHALL BE SENT BY NATIONALLY RECOGNIZED OVERNIGHT
COURIER AT THE FOLLOWING ADDRESS:
Protronix Controls, LLC
1168 West 500 North
Centerville, UT 84014
And shall be effective the date of the actual delivery.
SIGNATURE AND BINDING EFFECT. The parties acknowledge that signature, if required, may be in the form of facsimile and such shall satisfy the required, may be in the form of facsimile and such shall satisfy the requirement of both a writing and signature to be binding otherwise thei shall be binding in accordance with the terms set forth herein without signature.
ENTIRE AGREEMENTS. This agreement constitutes the entire agreement between the parties and supersedes any oral or prior agreements or understandings. In the event any provision hereunder is deemed to be invalid or unenforceable the remainder shall not be affected. Sellers failure to exercise or enforce an of its right shall not constitute a waiver thereof and shall continue in force.
Credit. Credit is never to be taken or assumed and must be arranged by an authorized representative of the Seller. A credit application must be signed by a Company Officer (BUYERS) and on file agreeing to 60 net terms. The Seller’s purpose of credit is to allow for good standing customers to pay in time, per terms and the Seller’s. purpose of credit is to allow for good standing customers to pay in time, per terms and the Seller can secure payment in 60 days from the date of the invoice.
Return for credit policy. Part of the Seller’s customer service is the assistance of a return of items that are purchased (only if RMA processing rules and regulations are followed and approved per guidelines set.) since the Seller does not charge for this service we cannot collect fees if a customer request cash refund for items returned for reasons that do not apply to Return Authorization(s) rules and regulations. The Seller policy has always been to provide customers with a credit, that will be applied toward the purchase of equipment , that the Seller sells. The Seller does not provide credits in the form of cash, check, or ACH deposit since the cost to the Seller are significant in processing orders and are not incorporated in the costs of products the Seller’s sale. Customers can recover the cost of items returned (only if Return Merchandise rules and regulations are followed, approved with correct authorization processing, is complete and correct, and provided to the Seller according to those requirements) Customers can recover the cost of items returned by purchasing other products the Seller provides. All credits must be authorized through the Seller’s Credit Manager by emailing a request to: Kristy@protronixcontrols.com or by fax: 801-683-3134.
SECURITY INTEREST. Seller hereby reserves a purchase money security interest in the products sold and the proceeds thereof. If Buyer fails to pay the purchase price in full, or defaults on any of its other obligations to Seller (including obligations arising under other agreements not subject to these terms and conditions), Seller shall have the right to exercise the rights and remedies of a secured party with respect to the products sold. In such event, Buyer agrees to make the products available to Seller upon demand. Buyer authorizes Seller to prepare and file UCC financing statements to perfect Seller’s security interest. At any time, Buyer will on Seller’s request execute such documents and take such steps as are necessary to give effect to its rights in these terms and conditions.
Protronix Controls, LLC does appreciate your business and we look forward to working with you.