TERMS AND CONDITIONS OF SALE
1. Acceptance — ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED HEREIN, AND UPON BUYER’S ASSENT THERETO. NO VARIATION OF THESE TERMS AND CONDITIONS WILL BE BINDING UPON SELLER UNLESS AGREED TO IN WRITING AND SIGNED BY AN OFFICER OR OTHER AUTHORIZED REPRESENTATIVE OF SELLER.
2. Delivery, claims, delays — All sales are EX Seller’s shipping point unless otherwise noted. Delivery of the goods to the carrier at Seller’s shipping point shall constitute delivery to Buyer and Buyer shall bear all risk of loss or damage in transit.
Immediately upon Buyer’s receipt of any goods shipped hereunder, Buyer shall inspect the same and shall notify Seller in writing of any claims for shortages, defects or damages and shall hold the goods for Seller’s written instructions concerning disposition. If Buyer shall fail to so notify Seller within five days after the goods have been received by Buyer, such goods shall conclusively be deemed to conform to the terms and conditions hereof and to have been irrevocably accepted by the Buyer.
Seller shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver or otherwise perform hereunder due to any cause beyond Seller’s reasonable control, including, without limitation, unsuccessful reactions, act of Buyer, embargo or other governmental act, regulation or request affecting the conduct of Seller’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God, delay in transportation, or inability to obtain necessary labor, fuel, materials, supplies or power at current prices.
3. Payment — Terms of sale are net 30 days of date of invoice, unless otherwise stated. If the financial condition of Buyer results in the insecurity of Seller, in its sole and unfettered discretion, as to the ultimate collectability of the purchase price, Seller may, without notice to Buyer, delay or postpone the delivery of the products; and Seller, at its option, is authorized to change the terms of payment to payment in full or in part in advance of shipment of the entire undelivered balance of said products. In the event of default by Buyer in the payment of the purchase price or otherwise, of this or any other order, Seller, at its option, without prejudice to any other of Seller’s lawful remedies, may defer delivery, cancel this Contract, or sell any undelivered products on hand for the account of Buyer and apply such proceeds as a credit, without set-off or deduction of any kind, against the contract purchase price, and Buyer agrees to pay the balance then due to Seller on demand. Buyer agrees to pay all costs, including, but not limited to, reasonable attorney and accounting fees and other expenses of collection resulting from any default by Buyer in any of the terms hereof.
4. Taxes and other charges — Any use tax, sales tax, excise tax, duty, custom, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Seller and Buyer shall be paid by Buyer in addition to the prices quoted or invoiced. In the event Seller is required to pay any such tax, fee or charge, Buyer shall reimburse Seller therefore; or, in lieu of such payment, Buyer shall provide Seller at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge.
5. Pricing & availability — Prices shown are in USD and are subject to change at any time. Errors and omission are excluded. All items quoted in stock are subject to prior sales.
6. Liability Disclaimer – Upon purchase, receipt, and/or use, you (the user or reseller) agree to hold harmless Riverchase Investments LLC, DBA Vansteen Marine Supply (www.vansteen.com) and its owner(s) and offices, heirs, or employees of any and all product liability. You agree that the above-mentioned will not be held responsible or liable for any consequential, direct or indirect or special loss, injury, or accidents caused by the products and materials that we produce, promote and/or sell. In all cases, the user or reseller assumes full responsibility and all risk associated with the use and/or resale of our products. In no event shall Riverchase Investments LLC, DBA Vansteen Marine Supply be held liable for any damages arising out of or in connection with the use, inability to use, or performance of the information, services, products and materials available from this site. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.
7. Patent disclaimer — Seller does not warrant that the use or sale of the products delivered under will not infringe the claims of any United States or other patents covering the product itself or the use thereof in combination with other products or in the operation of any process.
8. Returns — Goods may not be returned for credit except with Seller’s permission. The seller will provide the buyer with a return authorization number, which must be included with the return. Certain items may not be returned for credit. These items include: all marine ladders (pilot/embarkation/jacob’s ladders), tubing and all products removed from their original packaging. All returned items are subject to a 20% processing fee and must be returned within 30 days of purchase.