Exhibit “A”-TERMS AND
CONDITIONS OF SALES
All sales by EPCO
ARCHITECTURAL HARDWARE (USA) INC. of the items in our price (as well as
all “custom” variations) are made pursuant to these Standard Terms and
Conditions of Sale. We will not be bound by the terms and conditions
stated in a customer’s purchase order to the extent that the purchase
order attempts to modify or supplement in any way any of these Standard
Terms and Conditions.
FREIGHT AND DELIVERY POLICIES:
1.
All prices are F.O.B. EPCO (EX Warehouse), City of Industry,
California U.S.A.
2.
Claims for shortage or damage must be made directly to the carrier
no later than five (5) days from the date of arrival of a shipment. All
shipment and delivery dates in an acknowledgement are estimates only. We
are not liable for air freight or any other charges, losses or damages if
goods are not shipped on the estimated date.
TERMS AND PRICES:
3.
All prices are NET and not subject to discount.
4.
Minimum order: $50.00 net per invoice.
5.
Terms:
Payment Advanced, COD or
1% 10 days, net 30 days from date of invoice. Date of
invoice shall be date of shipment.
6.
Payments not received five (5) days after due date will be past due
and subject to a 1-1/2% per month (18% per annum) service charge, but in
no event higher than the maximum rate (if any) permitted by applicable
law. In addition to such service charges, costs and expenses associated
with collection of past due amounts, including attorney’s fees, shall be
added to amounts past due.
7.
Payments via wire transfer: EPCO shall not be responsible for delay
in shipment if funds/payments which are received via wire transfer are not
accompanied by “advice” noting the customer’s name and, if available, the
EPCO invoice number.
8.
For volume discounts request office quote.
9.
Prices subject to change or withdrawal without notice.
ORDER CANCELLATION TERMS AND
CHARGES:
10.
Cancellation of standard orders will be accepted only if made in
writing and received one week prior to shipment of order. Special or
custom orders may not be canceled after 3 days following date of
acknowledgement. A cancellation charge up to the price of the product will
be made on any special or custom made items if same are not cancelled
after such 3-day period.
RETURNS POLICY:
11.
All sales are final. No products will be accepted for return
without our prior written approval from us.
12.
Goods must have been purchased within thirty (30) days.
13.
Return freight must be prepaid. Non-special or non-custom products
accepted for return will be issued a credit at the price invoiced, from
which will be deducted the expense for return transportation (if not
prepaid) and a minimum (25%) handling charge of the invoice price.
14.
Special Order merchandise can not be returned for cash, credit or
exchange.
WARRANTY: EXCLUSIVE REMEDY;
DISCLAIMER:
15.
LIMITED ONE YEAR WARRANTY
EPCO warrants its Glass Fittings shall be free from defects in material
and workmanship for one (1) year from original date of purchase. This
warranty extends to the original purchaser and the first consumer owner
only. If a product fails due to defects in material or workmanship during
the warranty period we will replace it with the most nearly identical
product which we sell at the time or refund the original purchase price.
EPCO will not be liable for any labor charges or freight costs incurred in
connection with repair or replacement of a product. Our sole and maximum
liability for a defective goods (sold and manufactured by EPCO) shall
never exceed the cost of the subject products.
16.
This warranty does not cover:
(1) Damage resulting from negligence, misuse, abuse or accident
occurring after installation;
(2) Glass breakage;
(3) Damage resulting from foreign matter in the bottom track or sill that
would clog weep holes, water damage or water spotting
and corrosion;
(4) Damage due to use outside normal architectural requirements;
(5) Tarnishing or discoloration of Brass products.
(6) Defects resulting from any modification or improper installations.
(7) Improper torquing during or after installation (tightening).
17.
EPCO’s sole responsibility is as set forth above. IN NO EVENT SHALL
EPCO BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR
IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY.
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE
HEREOF.