Terms & Conditions
These Terms & Conditions (“Terms”) govern all transactions between HO&SAM (“the Company”) and its customers (“the Buyer”). By engaging with the Company, the Buyer agrees to abide by these Terms, which constitute the complete and exclusive agreement between the parties.
1.Acceptance of Terms
1.1 By placing an order or engaging in business with the Company, the Buyer acknowledges and agrees to these Terms & Conditions.
1.2 Any deviation from these Terms, including conflicting terms on purchase orders or other communications, must be expressly agreed to in writing by the Company.
2.Product Availability and Pricing
2.1 All prices provided by the Company are subject to change without notice. Pricing on quotes is valid for a specified period as indicated, after which it may be revised.
2.2 Product availability is subject to stock levels at the time of order confirmation. The Company does not guarantee availability and reserves the right to allocate inventory at its discretion.
2.3 Taxes, duties, shipping, and handling fees are the responsibility of the Buyer unless explicitly included in the invoice.
3.Orders and Payment
3.1 Orders are only considered accepted upon receipt of paid invoice from the Company.
3.2 Payment terms are specified on the invoice. Unless otherwise stated, payment is due in full upon order confimation.
3.3 The Company reserves the right to suspend or cancel any order in cases of non-payment, suspected fraud, or violation of these Terms.
3.4 Overdue payments are subject to interest charges of 1.5% or the maximum amount permitted by law.
4.Delivery and Shipping
4.1 The Company will make reasonable efforts to deliver products by the agreed-upon timeline; however, delivery dates are estimates and not binding.
4.2 The Buyer is responsible for ensuring accurate shipping information. The Company is not liable for delays or losses resulting from incorrect or incomplete delivery details provided by the Buyer.
4.3 Risk of loss and title to the goods passes to the Buyer upon shipment from the Company’s facility, unless otherwise agreed in writing.
5.Returns, Claims, and Refunds
5.1 Claims for shortages, damages, or incorrect products must be submitted in writing within 7 days of receipt. Failure to notify the Company within this timeframe constitutes acceptance of the shipment.
5.2 Returns are only accepted with prior written authorization (RMA) from the Company. Unauthorized returns will not be processed.
5.3 Approved returns must be in their original condition, unused, and in their original packaging.
5.4 Refunds, when applicable, will be issued within 14 days of the Company receiving the returned product and verifying its condition.
6.Warranty and Product Quality
6.1 The Company guarantees that products will conform to agreed specifications at the time of delivery.
6.2 The Company disclaims all other warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
6.3 The Buyer’s sole remedy for defective or non-conforming products is, at the Company’s discretion, replacement of the product or refund of the purchase price.
7.Compliance with Laws
7.1 The Buyer is responsible for ensuring that all products purchased comply with applicable federal, state, and local laws, including resale and safety regulations.
7.2 The Buyer agrees not to use the Company’s products for illegal or unauthorized purposes.
8.Limitation of Liability
8.1 The Company shall not be liable for indirect, incidental, or consequential damages, including but not limited to loss of profits, even if advised of the possibility of such damages.
8.2 The Company’s total liability under any order, whether in contract, tort, or otherwise, is limited to the purchase price of the products supplied.
9.Confidentiality
9.1 All pricing, product information, and terms shared by the Company are confidential and may not be disclosed to third parties without prior written consent.
9.2 Any unauthorized disclosure by the Buyer will result in immediate termination of the business relationship and potential legal action.
10.Force Majeure
10.1 The Company shall not be liable for delays or failure to fulfill its obligations due to causes beyond its reasonable control, including but not limited to natural disasters, pandemics, labor disputes, transportation disruptions, or government actions.
11.Termination and Suspension
11.1 The Company reserves the right to suspend or terminate any transaction or agreement if the Buyer violates these Terms or is suspected of engaging in fraudulent or unethical business practices.
11.2 Upon termination, all outstanding payments and obligations become immediately due.
12.Governing Law and Dispute Resolution
12.1 These Terms & Conditions are governed by the laws of the State of New Jersey.
12.2 Any disputes arising under these Terms shall be resolved exclusively in the courts located in Fairfeild, New Jersey.
13.Amendments
13.1 The Company reserves the right to amend these Terms at any time without prior notice. Updated terms will be published on the Company’s website and apply to all subsequent transactions.
By engaging with HO&SAM, the Buyer confirms acceptance of these Terms & Conditions and agrees to comply with all applicable policies.
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