BCS Pure Water Katy Sales Terms and Conditions
SALES TERMS AND CONDITIONS:
The following terms and conditions govern all sales transactions of goods by BCSPurewater to any purchasing party ("Buyer"):
ORDERS: When placing orders with BCSPurewater, the Buyer must use BCSPurewater's part number, size, and other specific information required for accurate order completion. All orders are subject to acceptance by BCSPurewater, which reserves the right to rectify any errors or omissions in orders, quotations, invoices, or associated documents. BCSPurewater is not bound by typographical or other errors in its communications with the Buyer.
QUOTES: Any written firm quotes provided by BCSPurewater to the Buyer shall remain valid for the duration specified in the quote or for 30 days thereafter, whichever is shorter.
BINDING AGREEMENT:
The Buyer's acceptance of goods purchased from BCSPurewater indicates agreement to all Sale Terms and Conditions stated herein. Any conflicting or additional terms in the Buyer's purchase order or other communication are rejected unless expressly accepted in writing by BCSPurewater within ten (10) days of receipt.
ACCEPTANCE: Upon delivery, the Buyer must inspect the goods and promptly notify BCSPurewater in writing of any defects, including shipping damage. Failure to notify BCSPurewater or file a claim with the carrier implies no defects or damages upon delivery. Claims of shortages or errors must be made upon receipt of goods, noted on the delivery receipt, or the claim will be waived. Installation-related components are not included unless agreed upon in writing by BCSPurewater.
TITLE; RISK OF LOSS:
Unless otherwise agreed, title and risk of loss for goods pass to the Buyer upon delivery to the carrier at F.O.B. BCSPurewater's or its agent's facility. BCSPurewater is not responsible for shipping and any claims for lost or damaged goods must be directed to the carrier.
PRICES AND TAXES: Prices are as of the date of shipment unless otherwise agreed. They exclude installation, training, or other services unless specified. Special handling fees may apply. Buyer bears any applicable taxes.
PAYMENT TERMS:
Unless otherwise agreed, all prices are due upon shipment by cash, certified check, money order, credit card, or other immediately available funds. BCSPurewater may charge an additional fee for credit card payments.
CHECK PAYMENT PROGRAM: Buyer may qualify for BCSPurewater's check payment program, subject to approval. Returned checks incur a fee. Excessive returns may result in program removal.
NET 30 DAYS: Qualified buyers may open an account with BCSPurewater. All invoices are due within 30 days of shipment.
INTEREST; ENFORCEMENT COSTS: Unpaid amounts accrue interest. Buyer is liable for collection costs if proceedings are necessary.
DELAY IN PERFORMANCE:
BCSPurewater is not liable for delays beyond its control. In case of shortages, BCSPurewater may allocate goods among customers as deemed appropriate.
DELIVERY: Estimated delivery dates are approximate and subject to change. Buyer requesting shipping delays may incur storage fees.
LIMITED WARRANTY:
Third-party goods are subject to their respective manufacturer's warranty. BCSPurewater may provide a separate limited warranty for its manufactured goods.
INFRINGEMENT CLAIMS: BCSPurewater does not warrant against infringement of third-party intellectual property rights.
REMEDIES UPON DEFAULT: Buyer defaults if obligations are not met or upon certain events. BCSPurewater may refuse goods or services. Failure to enforce rights does not waive them.
INDEMNIFICATION: Buyer indemnifies BCSPurewater against claims arising from goods' handling, use, or disposal, excluding BCSPurewater's gross negligence.
APPLICABLE LAW: These terms are governed by Texas law, and any dispute shall be resolved in Harris County, Texas.
ASSIGNMENT; THIRD PARTY BENEFICIARIES: Buyer may not assign these terms without BCSPurewater's written approval. These terms benefit BCSPurewater and its successors.
NON-WAIVER; SEVERABILITY:
BCSPurewater's failure to enforce terms does not waive its rights. Invalid provisions do not affect the remaining terms.
INTEGRATION: These terms constitute the entire agreement between the parties, superseding all prior communications. Buyer's purchase order terms do not apply unless accepted in writing by BCSPurewater. Acceptance of goods implies acceptance of these terms.
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