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POOLBUILDER / SERVICER AGREEMENT TERMS
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POOL BUILDER / SERVICER
SALES AGREEMENT TERMS
THESE TERMS GOVERN ALL SALES OF COMPANY GOODS TO POOL BUILDERS AND SERVICERS
GENERATED OFF OF THIS WEBSITE whether made electronically or by mail.
All sales made THROUGH this website are subject to these terms. THESE TERMS ARE IN ADDITION TO THOSE SET
FORTH IN THE WEBSITE LEGAL STATEMENT POSTED ELSEWHERE ON THIS SITE.
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THESE TERMS DO NOT
FORM A PART OF ANY OTHER AGREEMENT NOT EXPRESSLY NAMED HEREIN.
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ORDERS
Orders. If approved, Buyer (you, the customer) may
directly order Goods at a trade discount by written or electronic order and payment to SnapMark, Inc.
(Company). A Purchase Order form
is located on this site for your use.
Acceptance. An order from Buyer shall be considered accepted by Company when acknowledgment of
receipt of the order is given by Company to Buyer electronically or otherwise,
or if no acknowledgment is given then when shipment is made to Buyer.
Cancellation. An order from Buyer that is accepted by
Company shall not be subject to cancellation by Buyer without the written
approval of the Company.
PRICING
Pricing of Goods. Goods prices are as listed on the site at the
time Buyer's order is taken by Company.
Prices are stated in U.S. Dollars.
Company may in its discretion specify a lower price to the trade. Buyer will be notified by email regarding the amount of Trade Discount at the time of acceptance.
Shipping. Shipping and handling is in addition to the sales
price, and will be added to the invoice, and will be in the amount as listed
on the site at the time Buyer's order is taken by Company. All shipments of Goods shall be made F.O.B.
shipping point and liability for loss or damage in transit, or thereafter, shall
pass to Buyer upon Company's delivery of Goods to a common carrier for
shipment. Shipping dates are approximate.
Taxes. Prices do not include federal, state or
local taxes applicable to the Goods sold under this contract. If Buyer's state requires us to add them to Buyer's invoice we must do so. In
any international
sales, applicable import and export taxes and duties shall be for Buyer's account. An amount equal to the
appropriate taxes will be added to the purchase Order by the Company where the
Company has the legal obligation to collect such taxes.
Title to Goods.
The Company hereby reserves a purchase money security interest in the Goods
sold until payment has been made in full.
Acceptance of Goods. The
Goods shall be deemed accepted by Buyer if at the time of delivery Buyer does
not report to Company in writing that the Goods do not conform to the product
description on Buyer's Purchase Order to Company.
PAYMENT
Terms are
payment at the time of placement of order. All payments are made
on-line in U.S. Dollars by credit card, charge card, or debit
card, or by cashiers check if by mail. Company reserves
the right to refuse any of same in the Company's sole
discretion.
Unpaid or uncollected amounts will have one and
one-half percent (1.5%) per month finance charge assessed
until paid.
If the
account is placed in
the hands of an attorney or collection agent, Buyer
shall pay the fees and costs associated therewith.
RETURN
POLICY
All returns must be accompanied by a RGA
(return goods authorization) number and original invoice,
subject to the conditions outlined below. Any item returned
without an RGA will be refused, and the sender will be
responsible for return shipping.
Non-defective returns are subject to the sole
discretion of Company. When allowed, returned merchandise must
be received within thirty (30) days from the date of Buyer's
physical receipt of the merchandise, must be undamaged, with
all accompanying material, in like-new saleable condition,
freight paid, and accompanied by an RGA number and the
original receipt. Company reserves the right to charge a five
percent (5%) restocking fee, a three percent (3%) processing
fee, and original shipping charges. These charges apply to
refused items as well. Cancelled orders are subject to a three
percent (3%) processing fee. Cancelled orders are only allowed
if product has not been shipped.
WARRANTY
Limited Goods Warranty. Warranties do not extend beyond the
original end user. Company warrants
that the parts are free from defects in material and workmanship under normal
use and service for a period of one year
from the date of delivery to the
original end user. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE LIMITED TO THE
SAME PERIOD. Claimant must furnish proof of date of
purchase or installation. Company will provide a replacement part, or may opt to reimburse the purchase price if
that is infeasible. Company's sole
liability with respect to any defect shall be for the replacement of the
defective part(s). No one is authorized
to make any other warranties on behalf of Company, or modify this warranty.
Company will not be
liable for any pipe,
valve, or line repair or replacement as a result or removing or replacing any
Goods; going to an end-user's location
to teach them how to use the product; repairing damaged or failure
caused by acts of God, abuse, faulty installation or removal, abnormal usage, use or application for which the product is not intended. The foregoing shall constitute Company's
sole warranty and sole liability, and is in lieu of any other warranties
whether written, oral, implied, or statutory.
Some states and provinces do not allow the limitation of exclusion or limitation or incidental or
consequential damages and some states do not allow limitations on how long an
implied warranty lasts, so the limitations or exclusions may not apply. This warranty gives its beneficiaries
specific legal rights, and beneficiaries may have other rights which vary from
state to state and province and province.
COMPANY WILL NOT BE LIABLE FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THE PRODUCT OR OTHER INDIRECT DAMAGES WITH RESPECT TO LOSS OF
PROPERTY, REVENUES, LIFE OR LIMB, PERSONAL INJURY, OR THE COST OF REMOVAL,
INSTALLATION, OR REINSTALLATION, AND DISTRIBUTOR'S REMEDIES SHALL
BE LIMITED TO REPAIR OR REPLACEMENT OF NONCONFORMING UNITS OR PARTS.
GENERAL MATTERS
Website Terms and Conditions. The terms of the
www.PoolMarkers.com Website Legal
Statement are incorporated herein.
Force Majeure. Company shall not be liable for or in default
of this contract by reason of any delay attributable to any cause, circumstance,
or contingency beyond its control or the control of its suppliers or manufacturers
Company's which prevents or impedes manufacture, supply, or delivery to
Buyer by Company whether directly or indirectly. Such causes, circumstances, and contingencies shall include, but
not be limited to: inability to obtain
material, supplies or services in the normal course of business; accidents; fire; explosion; strikes,
lockouts, or other labor problems; freight embargo; gas or petroleum product
shortage or embargo; act of God or of the public enemy; war; riots; civil
disturbance; act of any government, de jure or de facto, or agency or official
thereof; material or labor shortage; transportation contingencies; unusually
severe weather; default of any other Company or a supplier or subcontractor;
quarantine, restriction, epidemic; catastrophe; restraints affecting shipment
or credit; non-arrival or delay of carriers;
lack of timely instructions or essential information from Buyer;
inadequate or reduced supply or excessive cost of suitable raw materials,
transportation or production facilities;
or otherwise arising out of causes beyond the reasonable control of the
Company. Nor shall the Company at any time be liable for any incidental,
special or consequential damages.
Delays in delivery attendant to same shall not entitle Buyer to
terminate this contract, terminate or not honor any Purchase Order, or collect
damages for same. In the event of such
default or delay, the date for shipment shall be extended correspondingly.
Company may make delivery on an equitable basis with reference to all its
Buyers. No orders may be cancelled unless acceptable to Company.
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