Terms & Conditions of sales
Joulin enjoys a high comfort level with our customers in terms of doing business. The terms and conditions spell out the expectations.
1- Orders: A customer purchase order number is mandatory for all orders. A written confirmation must accompany all verbal and telephone orders and must be signed by an authorized Purchasing Agent. All purchase orders must include a valid shipping address, and if applicable, must include all relevant information to satisfy current export requirements. a. All orders are subject to approval by Vacuum Handling North America (dba JOULIN) hereafter “JOULIN”. b. All orders placed against a quote are subject to approval by JOULIN. c. Termination of the order in whole or in part can be made only with JOULIN’s prior written consent and upon terms that will indemnify Seller against loss and afford an equitable profit.
2 - Order Acceptance: All orders are subject to acceptance by JOULIN and are subject to the Sellers “Terms and Conditions of Sale”. Acknowledgement of the receipt of any order, including signing and returning to Buyer its acknowledgement copy, if any, shall not constitute acceptance by JOULIN of any additional or different terms and conditions.
3 - Taxes: All tax exempt customers must furnish JOULIN with a Blanket Manufacturer’s Exemption Certificate before purchases are made. Prices do not include any sales, use, excise, property, import, export or such taxes that may be levied on the transaction by local, state, federal or foreign governments. Any such taxes shall be the responsibility of Buyer. If JOULIN is required to pay any such taxes, the cost shall be added to the invoice or billed to Buyer separately.
4 - Prices: All prices and shipping lead times are subject to change without notice for any reason. Any such changes shall apply to all booked and/or acknowledged orders, outstanding quotations and Buyer purchase orders. All prices are F.O.B. Shipping Point to destinations within the United States. All prices are Ex Works for shipments to destinations outside the United States.
5 - Shipment: All shipments will be made via the most practical carrier unless the purchaser specifies alternative method of shipment. Unless otherwise agreed to by JOULIN, all shipments are made Ex Works (INCOTERMS 2010) Seller’s factory, including international shipments. Delivery to a common carrier or licensed trucker shall constitute tender of delivery to Buyer, title shall pass at that point and all risk of loss or damage in transit shall be borne by Buyer.
6 - Credit Approval: a. First order is prepayment prior to shipment; b. For orders placed @ $5,000 or more, JOULIN’s terms are 40% at time of order and 60% Net 30 days at time of shipment; c. JOULIN can process orders against MasterCard, Visa, Discover or American Express; d. All orders placed outside of United States are 100% pre-paid. JOULIN reserves the right to negotiate alternative terms.
7 - TERMS OF PAYMENT a. Terms of payment are Net 30 from date of invoice. Late charges at the interest rate (i)of 1.5% per month (18% annually) or (ii) the maximum rate permitted under applicable law, whichever is less, may be charged on past due accounts. All shipments on open account are subject to approval of Seller’s credit department. b. Overdue accounts may be placed on credit hold at 45 days at the discretion of the JOULIN c. Accounts will be reviewed periodically for promptness in payment. JOULIN reserves the right to change the status of an open account from open to a C.O.D. or prepay basis.
8 - Invoices payable in U.S. Dollars only. Checks must be made payable to: JOULIN, 2551 US Hwy70 SW Hickory, NC 28602
9 - All order cancellations are subject to JOULIN approval. a. Specials or custom designs contracted to customer specifications generally are not subject to cancellation. b. A 20% restocking charge may apply.
10 - Products may not be returned for credit without prior authorization and the issuance of an RMA number. a. Specials or modified designs contracted to customer specifications generally are not returnable. b. All returns must be freight prepaid insured and are subject to inspection prior to issuance of credit or refund. c. A minimum 20% restocking charge will be applied to all returned goods. (Please note: The above terms do not apply to 30-day trials.). Products must be returned within 1 year of purchase. The matching original invoice or PO must be provided.
11 - No claims for errors in shipment will be considered unless made within 10 days after receipt of goods. Claims for loss or damage in transit must be entered and prosecuted by the customer with the carrier.
12 - LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING TO THE CONTRARY, JOULIN SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS ARISING OUT OF THE PERFORMANCE, DELAYED PERFORMANCE OR BREACH OF PERFORMANCE OF THIS ORDER REGARDLESS WHETHER SUCH LIABILITY BE CLAIMED IN CONTRACT, EQUITY, TORT OR OTHERWISE. JOULIN’S OBLIGATION IS LIMITED SOLELY TO REPAIRING OR REPLACING (AT ITS OPTION), AT ITS APPROVED REPAIR FACILITY, ANY GOODS OR PARTS WHICH PROVE TO SELLER’S SATISFACTION TO BE DEFECTIVE AS A RESULT OF DEFECTIVE MATERIALS OR WORKMANSHIP, IN ACCORDANCE WITH JOULIN’S STATED WARRANTY. IN NO EVENT SHALL JOULIN’S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT THAT GAVE RISE TO SUCH LIABILITY.
13 - GENERAL INDEMNITY: Buyer agrees to hold JOULIN harmless from any and all liability, and to pay all costs and attorney’s fees, for injury or damage to persons or property caused in any manner by Goods covered by the order while in possession or under the control of Buyer or Buyer’s successor in interest.