Terms of service
Bihlerflex Terms and Conditions
The acceptance by Bihlerflex, LLC (hereinafter “Seller”) of the order or orders of the Buyer or Buyers (hereinafter “Buyer” or “you,” as the case may be) is expressly made conditional on the assent of Buyer to these Terms and Conditions. Unless otherwise agreed to in writing by all parties, the Terms and Conditions set forth on this credit/buyer application, order confirmation and/or invoice, supersede any terms and conditions set forth on the Buyer’s purchase order(s), and will govern all transaction between the Buyer and the Seller. These Terms and Conditions also apply to all future transactions, unless agreed to otherwise in a writing signed by all parties.
Seller specifically rejects any terms or provisions that set any standards, specifications or damages related to quality and time of delivery. Buyer’s acceptance of goods delivered by Seller in conjunction with this credit/buyer application, order confirmation, or invoice, is an acknowledgement by Buyer of its acceptance of these terms and conditions. These Terms and Conditions apply to domestic trade only. The business relationship between Seller and Buyer is “at will;” that is, Seller is free at any time to choose those with whom it wishes to deal. Seller reserves the right to terminate any wholesale account, at any time, in its sole discretion.
Payment and Credit Terms: Payment must be made in U.S. Dollars. Net 30 days with approved credit. Credit applications will be mailed, faxed or e-mailed to businesses upon request. Businesses may apply for a Net 30 account, provided they have been in business for at least two (2) years, and have established credit elsewhere. Please allow up to one (1) month for your application to be processed. Until credit is established, orders must be prepaid with a credit card or via a wire transfer. Personal or company checks will only be accepted after credit check is completed. Returned checks will be subject to a $30.00 returned check fee.
Invoicing and Credit: Seller reserves the right, in addition to any other remedies provided by law, at any time, (i) to suspend credit, or change credit terms provided herein to a Buyer; (ii) to terminate any delivery; or (iii) to suspend further deliveries of other shipments when, in Seller’s sole opinion, the Buyer’s financial condition should become unsatisfactory to the Seller. The failure to pay any invoice when due shall, at the election of Seller, render all subsequently-issued invoices immediately due and payable. Seller may withhold all subsequent deliveries until the account is settled in full. If such an event were to occur, Seller disclaims any liability for any nonperformance, in whole or in part.
Pricing: Prices are subject to change without notice, and may, at Seller’s sole discretion, be subject to change bases on order volume. All prices are wholesale and to the domestic trade only. For all prices, products and offers, Seller also reserves the right to make adjustments due to changing market conditions, discontinuation of products, errors in advertisements, and other extenuating circumstances. Applicable freight charges will be invoiced as of the date of shipment. Holders of valid State Tax Resellers Certificates will not be charged Sales Tax.
Shipping and Handling Charges (U.S. only): Buyer is responsible for payment of all shipping and handling charges. The Buyer may pay the shipping charges directly to the carrier, or the Buyer may provide its shipping account information to the Seller. Shipping and handling charges will be based on weight and value. Orders in the continental United States, and in Hawaii and Alaska, will be shipped via the most economical option available to Seller, unless otherwise requested by the Buyer. Express shipping and international rates are available upon request. Shipping charges are subject to adjustment to reflect FedEx, UPS, or USPS rate changes.
Order Status: Seller will endeavor to keep you informed as to the status of your order. If you provide us with an e-mail address, you will receive an e-mail confirmation of your order. A tracking number will be emailed to you once the item is shipped. Please allow seven (7) business days for your order to be processed and shipped.
Back Orders: All orders subject to availability. Any items that are unavailable will be placed on back order, and the remainder of your order will be shipped. Estimated ship dates will be provided, however, please note that these dates are “estimates,” and the products not guaranteed to arrive on that date. Backordered shipments require Buyer approval.
Default: It is agreed that, should the Buyer become Delinquent in payment, no further credit will be Extended and the Seller will charge the Buyer a past due service charge at the rate of 1 ½% per month (18% per annum), collection agency fees and/or reasonable attorney’s fees in the amount of 30%, and all other costs and expenses which may be incurred by the Seller in the enforcement of the terms and conditions set forth herein. Buyer acknowledges that these charges are a reasonable estimation of the damages Seller will incur upon Buyer’s default.
Notice of Defects/Returns: The Buyer must make any claims of defects, including but not limited to those related to shortages, quality, or specification, in writing, within the first seven (7) days after the receipt of merchandise. It is the responsibility of Buyer to inspect the merchandise upon receipt, and to determine that all merchandise delivered matches its order. The failure of the Buyer to make a claim within the stated time constitutes acceptance of the goods as-is.
Return Policy: If you wish to return an order, you must notify us within ten (10) business days of your receipt of the order. Seller does not accept returns without prior authorization. A written authorization from Seller must be obtained by the Buyer for any returned merchandise. Seller will, at its discretion, issue a returned goods authorization number. Authorized returns made within thirty (30) days of receipt will receive a full refund or credit (less shipping and handling charges). Authorized returns made after thirty (30) days will incur a twenty percent (20%) restocking fee. All merchandise must be returned undamaged, unused, and in its original packaging. Returned merchandise must be sent freight prepaid by the Buyer. Seller recommends that all returns be sent insured, inasmuch as Seller will not be responsible for any lost or damaged items. Credit will be issued after Seller’s Returns Department receives and processes your return. Please allow at least ten (10) days from the date your return is received by Seller for your credit to be issued. It may take up to two (2) billing cycles for the credit to be reflected on your statement.
Title and Risk of Loss: Seller will arrange for the shipment of the product(s) to the Customer, FOB shipping point, which means that title to the product(s), and risk of loss, passes to the Buyer upon delivery to the carrier. Under no circumstances will Seller be responsible for delays in delivery (or for any associated damages), due to events beyond its reasonable control including, without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, or freight embargoes.
Export Sales: If the goods herein being purchased are being purchased for purposes of export, the Buyer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers’ warranties for exported goods may vary, or may be null and void, for goods exported outside the United States. The Buyer should inquire with any questions. All documentation necessary for the export of the merchandise must be submitted by the Buyer with their order. Please allow five (5) business days for Seller to complete the export documents. In addition, goods purchased for export will not be shipped unless, prior to the shipment, the Buyer has wired to the Seller funds in payment of the cost of the goods, or the Buyer has on file with the Seller an American credit card that will be used to pay for the goods. The Buyer is responsible for payment of all shipping and handling charges on all export sales.
E-Auctions / Third-Party Reseller Websites and Marketplaces: Buyer is prohibited from re-selling Seller’s goods on third-party reseller / marketplace websites. Examples of sites of these types include, but are not limited to, Amazon, eBay, Walmart.com, Rakuten, Overstock, Target, Etsy, Bonanza, Facebook Marketplace, and Alibaba. Seller reserves the right to refuse to sell to any company or individual that re-sells Seller’s goods by participating in or conducting e-auctions.
Governing Law: Any sales hereunder, shall be governed by the laws of the State of New Jersey, without regard to its conflict or choice of law provisions. To the extent that any court proceedings are commenced, the Buyer and Seller hereby consent to the jurisdiction of the Superior Courts of New Jersey, Warren County, for purposes of any suit, action or proceeding arising out of this sale. EXCLUSION OF IMPLIED WARRANTIES AND LIMITATION OF LIABILITY: SELLER MAKES NO WARRANTY THAT THE GOODS SOLD HEREUNDER SHALL BE MERCHANTABLE, OR THAT SUCH GOODS SHALL BE FIT FOR ANY PARTICULAR PURPOSE. IT IS UNDERSTOOD AND AGREED THAT, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR 5 | P a g e LOSS OF EQUIPMENT, OR LOST PROFITS OR REVENUE, RESULTING FROM SELLER’S PERFORMANCE, OR FAILURE TO PERFORM, UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICES SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF SELLER, OR OTHERWISE. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
Agreement: The rights of the parties hereto shall be governed exclusively by the provisions, terms, and conditions hereof. These terms and conditions shall remain in full force and effect unless and until revised and/or superseded by the Seller, in its sole discretion, upon reasonable notice to the Buyer.
Entire Agreement: These terms and conditions, together with Seller’s invoice respecting the products ordered by Buyer, are the complete and exclusive agreement between Seller and the Buyer, and they supersede all prior or contemporaneous proposals, understandings, representations, conditions, warranties, whether oral or written, as well as all other communications between the Seller and the Buyer relating to the products. These terms and conditions may not be explained or supplemented by any prior course of dealing between the parties, or by trade usage or custom.
Severability: If any provision contained herein is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions hereof, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable New Jersey law.
Waiver: The failure of Seller to require performance by the Buyer of any provision hereunder shall not affect in any way its right to require such performance at any time thereafter. Any waiver by Seller of a breach of any provision hereof shall not be taken or held by the Buyer to be a continuing waiver of that provision, unless such waiver is made in writing.