Terms and Conditions of Sale
Terms of Payment
Payment terms are Net 30 days upon approved credit and are due and payable in full within thirty (30) days from the invoice date unless otherwise agreed to in writing. Accounts are opened only with firms or individuals approved for credit.
All credit card payments applied to open invoices are subject to a 3.5% credit card processing fee. This fee does not apply to payments made by debit card, ACH, wire transfer, or check.
The seller reserves the right to decline deliveries except for cash payment whenever, for any reason, doubt arises as to the buyer’s financial responsibility. In such event, the seller shall not be liable for nonperformance of the contract in whole or in part.
Past-due balances are subject to a late payment service charge of 1½% per month (18% annually). A service charge of $25.00 will be applied to each returned check. Accounts aged 61 days or more may be placed on a C.O.D. basis at the seller’s discretion. Legal action may be initiated once an account becomes 90 days past due.
Title to all goods and materials sold shall remain with US Automation Controls LLC as security until the full purchase price has been paid. Risk of loss passes to the buyer upon delivery to the carrier at US Automation Controls LLC’s F.O.B. point.
Failure by the customer to pay any portion of the purchase price when due, or the initiation of bankruptcy, receivership, or insolvency proceedings by or against the customer or the customer’s property, shall, at the supplier’s option, cause the entire unpaid balance to become immediately due and payable. The supplier shall have the right, without notice, to enter the premises where the goods are located to repossess such goods. The customer expressly waives any right of action arising from such entry or repossession and agrees to pay all costs incurred, including service charges, reasonable attorney’s fees, and court costs.
All stenographic and clerical errors are subject to correction.
US Automation Controls LLC maintains on-site staff including software, electrical, and network engineering; inventory management; quality control and production management; accounting; marketing; and business office administration.
Prices
Quoted prices and discounts apply only to the specific quantities of items or services stated and do not include taxes, transportation charges, special packaging or labeling, or other miscellaneous items or services unless expressly specified. Prices are subject to correction for errors when so stated on the quotation or order acknowledgment. Prices invoiced will be those in effect at the time of shipment.
Taxes
Prices do not include any present or future federal, state, or local sales, use, excise, manufacturing, processing, importation, or other applicable taxes or charges. Any such taxes or charges will be added to the invoice as separate items unless appropriate exemption certificates are furnished to the supplier.
Order Changes
No order accepted by US Automation Controls LLC may be altered or modified by the buyer unless agreed to in writing and signed by an authorized representative of US Automation Controls LLC. No order may be canceled or terminated without payment for any resulting loss, damage, or expense.
The buyer may request changes to quantities, drawings, designs, or specifications by providing written notice to the seller. Upon receipt, the seller will notify the buyer of any resulting changes in price or delivery schedule. Any equitable adjustment to price or delivery shall be agreed upon prior to implementation.
Delivery Schedule
US Automation Controls LLC shall not be liable for delays or failure in delivery due to causes beyond its reasonable control. The seller reserves the right to bill for merchandise and associated costs, including warehousing, insurance, trucking, and related expenses, if shipment is delayed at the buyer’s request.
Shipment
All orders are shipped F.O.B. US Automation Controls LLC, Short Hills, New Jersey, or other locations designated by the seller. Freight charges will be billed by US Automation Controls LLC unless freight arrangements are made and prepaid by the buyer.
The buyer is responsible for inspecting merchandise upon receipt. All claims for shortages must be made within five (5) business days of delivery.
Warranty
US Automation Controls LLC administers warranty claims in accordance with the warranties provided by the manufacturer of the merchandise. US Automation Controls LLC does not warrant products against damage resulting from corrosion, contamination, misapplication, improper specification, or operating conditions beyond its control.
No individual has authority to extend warranties beyond those offered by the manufacturer. US Automation Controls LLC shall not be liable for incidental or consequential damages arising from the use of any product, whether based on warranty, contract, negligence, or other legal theory.
Products covered by a manufacturer’s warranty may be eligible for repair, replacement, or credit. Advance return authorization must be obtained within fifteen (15) days of product failure.
Returns
No merchandise may be returned without prior authorization from US Automation Controls LLC. All returns must comply with the company’s established return policies and procedures.
Acceptance
These terms and conditions govern all sales and transactions between the buyer and US Automation Controls LLC. No waiver or modification shall be valid unless made in writing and executed by both parties. These terms shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns.
In the event of litigation arising from these terms and conditions, the supplier shall be entitled to recover reasonable costs and expenses, including attorney’s fees.
These terms and conditions of sale shall be governed by and construed in accordance with the laws of the State of New Jersey.