Titus Manufacturing, LLC. Terms and Conditions
Individual invoices along with Titus Manufacturing, LLC’s terms and conditions will be a complete and exclusive agreement between Titus Manufacturing, LLC. and the purchaser. Any proposed modifications of this agreement will only be authorized with written approval from Titus Manufacturing, LLC. The Purchaser shall pay in full the net amount of each invoice submitted by Seller within the terms listed on the purchaser’s invoice. Terms may vary. Payment is to be made in U.S. dollars for each shipment hereunder. Should any Purchaser check(s) be returned by the bank for the reason of insufficient funds, Purchaser shall pay twenty-five dollars ($25.00) for each check returned to Seller as a handling charge. A service charge of 1.5% per month or 18% annually will be added to delinquent balances.
F.O.B. -Plymouth, IN - All freight fees costing $1,000 or more to one location will be required to be prepaid before shipment is sent. All orders that do not meet prepaid requirements will be shipped by Seller and added to the invoice unless other arrangements are made at time of order by the Purchaser. Seller reserves the right to select delivery carriers and truck size. Seller shall have the right to make delivery in installments. All installments shall be separately invoiced and paid as billed without regard to subsequent deliveries. Failure to pay for any installment when due shall excuse the Seller from making further deliveries to purchaser. Delay in delivery of any installment shall not relieve Purchaser of its obligation to accept remaining installments.
Claims for shortage or defective material should be made immediately upon receipt of goods and must be made in writing within 7 business days of receipt of merchandise. Claims must be accompanied by a copy of signed delivery receipt. Seller will not be responsible for concealed shortages. Merchandise should be counted when received.
Delivery dates are determined under perfect conditions. Delivery promises are made in good faith, subject, however, to unavoidable delays or conditions beyond Seller’s reasonable control. Promises of delivery on orders are estimated as carefully as possible, and although, Seller does its best to ship within the time mentioned, Seller cannot guarantee to do so. Late delivery due to causes as follows, as well as others beyond Seller’s control, will not cancel the order; fire, flood, or other catastrophe, acts of God, strikes, lockouts, war, riots, shortages of transportation, or non-delivery by suppliers.
No merchandise may be returned without an RGA number (Control Number) obtained from Seller. Request to return merchandise must be made with Seller no later than 7 business days from the delivery date. All returns must be shipped prepaid by the Purchaser to the location designated by Seller and all items being returned will have a 25% restocking fee. Credit will be issued based on the original invoice price or price in effect at time of return, whichever is lower. Seller cannot be held responsible for damages beyond actual replacement of or credit for the material itself. Duty of immediate inspection of goods shipped shall be that of the Purchaser.
Failure of Purchaser to inspect delivered goods immediately upon receipt thereof shall constitute waiver of Purchaser’s rights for non-conformance, defects, shortages, or other material variations of the delivery and shall be deemed an acceptance of the goods. Such liability on the part of the seller will expire unless a claim has been submitted within 7 business days of delivery. Titus Manufacturing, LLC. reserves the right to charge reasonable handling fees for all items returned. If Titus Manufacturing, LLC. determines that they, as the manufacturer are responsible, Titus Manufacturing, LLC. shall replace the material promptly. In all other cases, Titus Manufacturing, LLC. will attempt to minimize customer’s expense or loss.
Orders may be cancelled prior to purchasing required materials and the start of work on the order without charge. All other orders may not be cancelled unless the Seller is reimbursed for work already performed and materials purchased for the order. A cancellation fee of 25% or a minimum of $35 dollars will be charged on all cancelled orders that have work or materials associated with the order. If delivery is refused at shipping destination, all warehousing, delivery, disposition and return cost will be charged to the Purchaser. Any cancelled orders must be accompanied by written authorization from Titus Manufacturing, LLC. and all decisions will be made at Titus Manufacturing, LLC.’s sole discretion.
All quotations made by Seller or its agents are subject to change without prior notice. Titus Manufacturing, LLC. reserves the right to cancel contracts upon which full specifications have not been given within the time agreed. Special material is not subject to cancellation without the Seller’s written consent. Quotations made by Titus Manufacturing, LLC. are for immediate acceptance and are not repeated unless there is an agreement between the seller and purchaser. Any and all changes made to quotations and/or orders by the buyer will not be accepted by Titus Manufacturing, LLC. unless it is accompanied with written approval from the buyer. All sales are subject to happenings beyond sellers control such as accidents or strikes. Any quotes, drawings, prints, plans, etc. produced by Titus Manufacturing, LLC. are the sole property of Titus Manufacturing, LLC. and intended for use only by Titus Manufacturing, LLC. The unauthorized use, reproduction, distribution, copying, or alteration of any Titus Manufacturing, LLC. property is strictly prohibited.
Prices are subject to change without notice. In the event of a price increase, all accepted orders on hand will be filled at lower prices provided such orders are released for shipping prior to the effective date of the price increase. If orders are not released for shipping prior to the effective date of the price increase, the orders will be billed at prices in effect at time of shipment. Special quoted orders that cannot be released for shipping prior to the price increase may be subject to an increase in price. Minimum billing for all parts, products, and services orders are $50 net. Purchaser’s purchase order must reflect the terms and prices stated or delays will occur. First order policy: References (Three trade and one Bank) – Open Account Billing Pending Credit Approval – For immediate ship, prepay via check, cash or credit card.
Titus Manufacturing, LLC. reserves the right to optimize packaging at its discretion.
SERVICE AREA LIMITATION
Seller reserves the right to refuse to make quotations, accept orders or makes shipments to points of destination outside of the regular or assigned selling or service area of the distributor.
If the Purchaser and Seller are unable to resolve any disagreements over Seller’s terms and conditions or any other dispute of business practices of the Purchaser and Seller, the unresolved issue will then be submitted to arbitration under the rules of Dispute Resolution for pre-litigation resolution of the Indiana Supreme Court. Purchaser will be held responsible to pay reasonable attorney fees of the Seller as part of the resolution in any matter in which the Seller is awarded any remedy under the contract or arbitration.
Seller shall not be bound to sell any products, make any parts, or offer any services unless it (in its sole discretion) accepts submitted purchase orders. Specifications are subject to change without notice. Consult Seller for verification. If Purchaser does not pay the purchase price within the time periods set forth above, Seller reserves the right to assess a finance charge on any unpaid, past due balance up to the maximum legal rate. If any amount due Seller is collected by or attempted to be collected by an attorney at law, Seller shall be entitled to recover all collection expenses, including attorney’s fees.
Except as expressly agreed in writing signed by Seller, the terms and conditions stated above shall constitute the entire sales agreement between Titus Manufacturing, LLC. and the Purchaser. Any contrary or additional terms or conditions submitted by the Purchaser (other than the descriptions of the products being ordered and the requested quantities, shipping date, and shipping location contained in the Purchaser’s purchase order) shall be deemed to be of no force or effect and are hereby rejected. Purchaser’s submission of a purchase order shall indicate Purchaser’s acknowledgment of and agreement with these Terms and Conditions.