Terms & Conditions
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Any order for the purchase of products from Smart Products USA, Inc., (Seller) shall be subject only to the terms and conditions set forth herein or on the face of Seller’s invoice, quote, or acknowledgment forms, as applicable, or by mutual written agreement of the parties hereto. The terms and provisions hereof take precedence over any additional terms and provisions of Buyer. None of these terms and conditions may be modified or otherwise altered except by a written instrument signed by an officer of Seller.
SELLER HEREBY OBJECTS TO ANY TERMS AND CONDITIONS THAT MAY BE CONTAINED IN ANY FORM ISSUED BY BUYER AND NOTIFIES BUYER THAT THEY ARE HEREBY EXPRESSLY REJECTED IN THEIR ENTIRETY. SELLERS ACT OF DELIVERING GOODS TO BUYER SHALL NOT BE DEEMED AN ACCEPTANCE OF SUCH TERMS OR CONDITIONS.
Any quotation issued by Seller shall expire thirty (30) days after the printed date of the quote and may be reinstated only by written confirmation by seller. Seller reserves the right to correct clerical errors. Seller’s products are subject to continuous improvement. To achieve this goal, Seller reserves the right to change features, processes, materials, testing and other specifications as necessary.
Terms of payment, unless otherwise expressly agreed upon in writing, are as set forth on the face hereof or as set forth on the face of Seller’s invoice, quote, or acknowledgment forms, as applicable. All payments shall be made in U.S. currency. Payments shall not prejudice claims on account of omissions or shortages in shipment, but no such claim will be allowed unless made within 96 hours after receipt for the applicable amount by Buyer. Payment terms are Net 30. Should Buyer not pay any amount when due, a finance charge of 1.5% per month shall be charged. Should such charge be deemed unenforceable or contrary to law, the finance charge shall be the maximum permitted by law. A fee of $25 shall be assessed for all dishonored checks.
INSPECTION OF GOODS; ACCEPTANCE
Buyer’s receipt and possession of the goods constitutes its acknowledgment that it has accepted the goods, unless Buyer notified Seller to the contrary, in writing, within four (4) business days of receipt of the goods. Buyer’s use of the goods constitutes a full and complete acceptance of the goods. Buyer has an obligation to ascertain the conformance of the goods prior to installation. Therefore, Seller will not accept return of, nor issue credit for, any incorrect goods which bears the appearance of having been installed, totally or in part.
Products are custom assembled and therefore are not returnable except for non-conformance. Non-conforming product returns will not be accepted without an RMA# (Returned Material Authorization number) prior to Seller receiving any returned goods.