Terms and Conditions of Sale – Effective January 2, 2012
Terms and conditions: The terms and conditions set out below shall hereby apply to any tender, quotation or acceptance of order made by or given to P.T. International Corp. (PTI and Company) and no addition thereto or variation there from shall apply unless specifically agreed between the parties in writing.
Acceptance: Unless previously agreed or otherwise specified by PTI in writing, all quotations and tenders are open for acceptance by the customer within 30 days from the date on which they are made. All orders placed with PTI require PTI’s acceptance before any obligation attaches to PTI.
Terms of payment: Credit accounts approved by PTI: Payment is due 30 days from invoice date.
Prices: Prices are quoted F.O.B. Charlotte, NC, unless otherwise stated. It is an express condition that PTI may at any time in its discretion amend the price for all or any part of the goods that are to be supplied under the contract to the current price for such goods at the time of delivery. In the event that the quantity ordered is different from that originally quoted, PTI reserves the right to amend the price.
Minimum Order: PTI’s minimum order value of $30.00.
Delivery: Dates quoted by PTI for delivery are subject to confirmation at the time any order is placed. PTI, while making every effort to affect prompt delivery, will not be liable for loss or damage due to delay in delivery howsoever caused, and any delivery dates quoted are subject to this condition. Delay in delivery or dispatch shall not render the contract subject to cancellation by the customer. PTI will allow drop shipments at no extra charge.
Shipping policy: PTI reserves the right to charge freight to the point named in PTI’s order acceptance. When the customer requests dispatch by means other than that normally used by PTI, the extra costs will be charged to the customer. Orders for same day shipping should be called in before 12:00 noon (EST).
Freight Policy: Freight on orders over $5000 may be allowed provided the sales price is based on standard pricing. If pricing has been negotiated by the customer to meet competitive levels, freight must be considered separately. This freight policy excludes Winkel Profile, which due to length may require special handling and or packaging. Freight estimates can be provided per order.
After hours: After hours charges are $180.00. This is based on a 5 P.M. shipping point time and applied to weekends and the Company holidays.
Risk: Risk shall pass to the customer on delivery to the customer or to his agent or any carrier acting for the customer (including any such agent or carrier instructed by PTI acting on behalf of the customer).
Loss or damage in transit: All goods are carefully inspected and packed before dispatch. Claims in respect to any shortage, damage or defective packing must be made in writing within 7 days of receipt accompanied by the packing note.
Cancellation and variations: No cancellation or variation of an order will be accepted other than by the express agreement in writing, and PTI reserves the right to charge for material obtained, work done and any other costs incurred. In no case, however, can cancellations or variations be recognized or accepted within the 30 days prior to the agreed scheduled delivery date of the goods.
Goods returned: No return will be accepted by PTI other than by express agreement in writing. Please request an RGA (Return Goods Authorization) from our home office. All returned goods may be subject to a 20% restocking fee. For an offsetting replacement order, the restock fee will only be 10%. Unauthorized returns received by PTI maybe returned to the sender freight collect. Stocking distributors can be allowed 3% annual periodic product exchange returns. Return goods older than 18 months, or unboxed items, will be subject to inspection and re-evaluation of condition. Goods returned without proper authorization are subject to a $25.00 processing fee.
Force majeure: PTI shall be excused from liability if performance of the contract is prevented or hindered by any cause whatsoever beyond PTI’s control and in particular but without prejudice to the generality of the foregoing by act of God, war, government control, restrictions or prohibitions or any other government act or omission whether local or national, fire, flood, subsidence, sabotage, accident, strike or lock-out, and shall not be liable for any loss or damage resulting from any such circumstances.
Guarantee: Any goods supplied by PTI which are found within one year of being put into service or within fifteen months of dispatch from PTI’s works (whichever is the earlier) to be defective in workmanship or material will be replaced or rectified free of charge provided that no alteration has been made to such goods after leaving PTI’s works and provided that such defect is not due wholly, or in part, to lack of care, overload, unsuitable lubricant, natural wear, incorrect choice of products, faulty mounting or any other circumstances whatsoever beyond PTI’s control.
Specifications and drawings: Every effort is made to ensure that descriptions, drawings and other information in correspondence, catalogues, etc., are accurate, but no warranty is given in respect thereof and PTI shall not be liable for any error therein.
Service: Any service or advice which may be offered by PTI to users of its products is rendered in good faith, but PTI shall not be liable for any loss or damage arising there from.
The Company agrees to indemnify the Buyer and hold it harmless from and against any direct loss suffered and any liability to third parties whenever such loss or liability is directly due to bodily injury (including death) to any person or direct damages to any property occurring in the course of and caused by the negligent act or omission of the Company in the performance of any work on the premises of the Buyer. This indemnity shall include attorney’s fees and settlements of claim or suit reasonable under the circumstances.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY TYPE OF SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PENAL DAMAGES WHETHER SUCH DAMAGES ARISE OUT OF OR ARE A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE; such damages shall include but not be limited to loss of profits or revenues, loss of use of equipment or associated equipment, cost of substitute equipment, facilities, down time costs, increased construction costs or claims of Buyer’s customers or contractors for such damages.