TERMSPRICES All prices, named, quoted or proposed, shall be the AF Group (AF) prices in effect at the time of shipment by AF, unless AF has given a firm quotation in writing and Buyer has given an order and released the goods for shipment within the time periods specified in the quotation. In the event that a quotation does not specify a time period, it is assumed to be 30 days.
CREDIT APPROVAL Shipments, deliveries and performance of work shall at times be subject to the approval of the AF Credit Department, Harrison, NJ. AF may at any time decline to make any shipment or delivery or performance of work except upon receipt of payment or security or upon terms and conditions satisfactory to the Credit Department. AF reserves the right to ship certified COD.
TERMS OF PAYMENT The cash payment terms are set forth on the Invoice. A delinquency charge equal to 18% or the maximum permitted by law, whichever is less, computed on the unpaid balance shall be paid as liquidated damages on all accounts not paid in full when due.
BUYER'S AGENT(S) At the time of purchase, a third party may be authorized to purchase items on behalf of the Buyer. After items have been purchased and delivered to the third party, AF bears no further responsibility to the Buyer. Should the Buyer's and Buyer's Agent's relationship change, both must notify the AF credit department in writing.
TAXES Any taxes which AF may be required to pay or collect, under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use or consumption of any of the material conveyed hereby, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of the Buyer, who shall promptly pay the amount thereof to AF upon demand. Where taxes do not apply upon sale or resale, buyer shall provide AF with the appropriate exemption certificate.
DELAY If any shipping dates have been specified, they are approximate and AF shall not be bound thereby, but every effort will be made to ship in accordance to them.
SHIPMENT Risk of loss shall transfer to Buyer upon delivery of goods to a common carrier, Buyer, or Buyer's Agent(s). Claims for shortages, damages or discrepancies must be made in writing within two (2) days of delivery. Buyer's Remedies If the goods delivered to the Buyer fail to conform to this contract or to any express or implied warranty, AF shall replace the goods at the original destination and shall furnish instructions for the disposition of nonconforming goods, provided that AF is promptly notified in writing of such nonconforming or defect. The Buyer's sole remedy of any breach of this contract, or to any express or implied warranty, shall be to secure replacement thereof. AF shall not in any event be liable for the cost of any labor expended on any such goods of for any special, direct, indirect, incidental or consequential damages to anyone by reason of any breach of this contract or of any express or implied warranty.
WARRANTY AF's appropriate warranty in effect at the time of shipment shall be the manufacturer's warranty of the goods. Buyer agrees and covenants that it will not remove any warranty, label, warning, tag, instruction or manual from the goods. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE ARE EXCLUDED FROM THIS CONTRACT.
DELIVERY POLICY The AF Group (AF) contracts with various freight companies to make deliveries to customers. Customers should expect the following services and limitations unless special arrangements are made in advance.
RECEIVING, INSPECTING + APPROVING DELIVERIES The receiver, the customer or an authorized agent, must be at the delivery location to accept the delivery. A re-delivery fee (equal to the original fee) will be charged if no one is available at the location to accept and sign for the delivery. Upon receipt of the order, the receiver must inspect all items for visible damage/defects and note concerns upon delivery receipt before signing. The receiver must also count the number of boxes or bags received and record that number on the driver's manifest. Some sealed boxes or bags may contain more than one item but should be counted as one box received. These can be checked after the driver's departure. Any non-evident (inside the box) damage must be reported in writing to AF within two (2) days of receiving your order. AF will then make a claim against the delivery company and send a replacement of the goods damaged. The receiver must check the order carefully upon delivery. A signed delivery receipt represents the customer's acceptance of the complete order(s) as listed on the driver's manifest and delivery receipts. AF and the delivery company are not responsible for missing cartons or bags unless noted on the delivery receipt or driver's manifest. All credit card holders agree to release AF of liability for shortages when the receiver signs for the delivery.
DELIVERY SERVICES + LIMITATIONS All deliveries are sidewalk or street front deliveries unless prior arrangements are made with the warehouse manager: 973 481-7500 ext. 118. At the customer's request, the driver may assist the customer using a hand truck in moving the merchandise to a delivery door or other delivery point like a garage if there is paved, level, free access. There is only one delivery person on the truck so the customer must make arrangements for handling bulky and heavy merchandise. The drivers will not enter unpaved areas at construction sites.
DELIVERY TERMS The customer and salesperson will schedule a delivery date together. Deliveries may occur between 7 am and 6 pm depending on traffic conditions. No time of day will be specified when scheduling delivery date. The customer may call the warehouse after 5 pm on the day before delivery to receive an estimated 4-hour delivery window. Please have the order/release number ready when calling 973 481-7500 ext. 118. By scheduling the delivery through AF the customer accepts these terms or arrangements. Customer order pick-ups can be made at: 1000 2nd Street, Harrison, NJ.
RETURNS POLICY
AUTHORIZATION All returns of goods to the AF Group (AF) must be authorized in writing by AF and credit is subject to inspection The Buyer must request in writing a return authorization within two (2) days of receipt of the goods. Certain returns may not be authorized, and all returns are subject to a minimum of 25% re-stocking and re-packaging fee. All returned goods must be in their original packaging and all parts must be included. If the client wishes to exchange the returned product directly with the delivery truck, then both the client and the returned product must meet the delivery truck at the designated point of sidewalk delivery to execute said exchange. All returned merchandise is subject to inspection by AF and/or the manufacturer before credit is given. For defective or damaged goods the Buyer must request in writing a return authorization within two (2) days of receipt of the goods. For non-defective goods the Buyer must request in writing a return authorization within thirty (30) days of receipt of the goods.
CUSTOM ORDERS Custom orders, such as shower doors, cannot be returned for credit. If the customer claims the item is defective, the manufacturer will either replace the item, repair it in the field, or repair it at their facility. Many vendors also treat special orders like custom orders; they prefer to repair items in the field rather than accept returns.
PACKAGING An authorized return must be properly packed in the original carton if possible. If the original carton or packaging is not available, substitute packaging similar to that of the manufacturer will be accepted. In either case, AF shipping and product identification labels must accompany the product. Authorized returns of non-defective items must be in new, re-saleable condition.
RE-STOCKING Returns for "customer error" or "customer cancelled" are subject to re-stocking or handling charge, which the manufacturer assesses to AF. Usually, the minimum charge assessed by the manufacturer is 25%.
INSPECTION All returned items will be inspected by AF or manufacturers personnel before credit will be issued. If the customer claims an item is defective and an inspection shows it is not defective, the customer will be assessed a re-stocking/handling charge or the item will be returned to the customer with no credit issued.
SIZES It is the customer's responsibility to return small items (faucets, towel bars, etc.) to the appropriate AF warehouse. Large items (tubs, toilets, etc.) should be scheduled for pickup by AF.
THIS CONTRACT IS SUBJECT TO ALL THE PROVISIONS OF THE UNIFORM COMMERCIAL CODE OF NEW YORK WITHOUT VARIATION, EXCLUSION OR LIMITATION. |
