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TOTAL EQUIPMENT SUPPLIERS. INC.
TERMS AND CONDITIONS
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All merchandise is sold subject to the following terms and conditions:
1. The sale represented by this invoice is subject to the terms and
conditions stated herein, which constitute the entire agreement
between Seller, Total Equipment Suppliers, Inc., and Purchaser.
No representation, promise, or condition, not set forth herein has
been relied upon by Purchaser or will be binding on either party.
These terms and conditions will prevail over any and all terms
and conditions set forth in any documents issued by Purchaser.
2. Online orders are subject to a minimum of U.S.$50.00.
3. Seller will not be liable for any loss or damage Purchaser may
suffer as a result of delays in filling orders. Unless otherwise
noted, sales prices do not include, and Purchaser is responsible
for and agrees to pay (unless Purchaser provides
Seller a copy of a valid exemption certificate), all sales,
use, value added, excise and other federal, state or local
or foreign taxes, import or customs fees duties associated
with an order, however designated, except for taxes on
Seller income.
4. Unless otherwise noted, all shipments are made FOB Seller
shipping point. Delivery of shipments takes place when physical
possession of the product is given to the Purchaser or to a
carrier for shipment to the Purchaser, whichever comes first.
Unless otherwise noted, sales price does not include freight,
shipping or handling charges. Title and risk of loss and res-
ponsibility for the products passes to Purchaser upon delivery.
Purchaser may obtain a quote for shipping and handling charges
by contacting customer service during business hours at
(305) 718-9550 or via e-mail at info@totalequipmentsuppliers.com.
5. Orders may be placed by fax (305-718-9505), telephone (305-718-9550),
e-mail (info@totalequipmentsuppliers.com), or via our website utilizing our
shopping cart at www.totalequipmentsuppliers.com. Orders are processed within
1-3 business days after receiving a payment approved order. You will receive an
order confirmation by e-mail with an estimated date of shipment. Shipments within
the continental United States are by common carrier, standard delivery, unless
otherwise requested by Purchaser. Expedited shipping is available at an additional
cost. Shipments overseas are by common carrier or air freight, as allowable
by law. In case of shipping cost errors, one of our customer service representatives
will contact you with a revised shipping cost or your approval before processing
your order.
6. You are responsible for making sure that your merchandise is in good condition
prior to accepting delivery. Before the delivery person departs your location,
you are required to: 1) inspect your merchandise and note any concealed damage
on the bill of lading or delivery ticket. Any merchandise damage must be documented
with the freight delivery driver before the driver departs your location:
2) verify that all packages were delivered as stated in the packing list and that
shipment contains appropriate merchandise: and 3) make necessary arrangement
to have sufficient personnel or equipment present to unload the products
delivered. Total Equipment Suppliers, Inc., is not responsible for any damages
merchandise or incomplete orders accepted and signed for at the time of delivery.
7. All customer returns must be pre-approved by Total Equipment Suppliers, Inc.
In the event that we approve customer return, the customer must secure prior
written authorization from us before returning any merchandise. The buyer will
be responsible for all shipping and handling arrangements and charges. In addition,
all returns are subject to a twenty percent (20%) restocking fee. Merchandise
must be returned in its original packing material and be in new condition. Returns
for purchases made within the continental United States must be made within
60 days of shipment. Returns for purchases made outside the continental
United States must be made within 90 days of shipment. Used merchandise,
custom-made merchandise, special orders, or made-to-order merchandise
cannot be returned. Total Equipment Suppliers, Inc., reserves the right to reject
any returned merchandise at its sole discretion.
8. All products are sold subject to the manufacturer warranty, which varies from
manufacturer to manufacturer. IT IS EXPRESSLY AGREED THAT NO REPRESENTATIONS
OR WARRANTIES, EXPRESS OR IMPLIED, HAVE BEEN OR ARE MADE BY SELLER
EXCEPT AS STATED HEREIN, AND SELLER MAKES NO WARRANTY, EXPRESS OR
IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE
OF PRODUCTS.
9. THE TOTAL LIABILITY OF SELLER FOR ALL CLAIMS OF ANY KIND, INCLUDING
WITHOUT LIMITATION BREACH OR WARRANTY OR OTHER BREACH OF CONTRACT,
NEGLIGENCE AND STRICT LIABILITY IN OR, FOR LOSS OR DAMAGE ARISING OUT
OF, CONNECTED WITH OR RESULTING FROM THE SALE OF PRODUCTS BY SELLER,
OR THE PURCHASE USE OF PERFORMANCE OF THE PRODUCTS WILL IN NO EVENT
EXCEED THE PURCHASE PRICE PAID FOR SUCH PRODUCTS. IN NO EVENT WILL
SELLER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING
WITHOUT LIMITATION LOST PROFITS. PURCHASER ACKNOWLEDGES THAT WITHOUT
ITS AGREEMENT TO THE LIMITATIONS CONTAINED HEREIN, THE PRICES CHARGED
FOR THE PRODUCTS WOULD BE HIGHER.
10. This invoice is subject to the laws of Florida. Any action brought or held on the
basis of this invoice will be brought or held in the courts located in Miami-Dade
County, Florida. In any action or suit arising out of this invoice, the losing party
will pay to the prevailing party reasonable attorney's fees and all other costs and
expenses.
11. Purchaser acknowledges being given the opportunity to read these terms and
conditions before signing this invoice.
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