Terms of Sale - Jescraft

Jesco Iron Craft, Inc., d/b/a Jescraft

ORDERS

All orders are subject to these terms and conditions of sale. Accepting delivery of Jescraft products means the buyer (“Buyer”, “you” or “your” in these terms and conditions) accepts these terms and conditions. Prices, policies and product speciﬁcations are subject to change without notice at any time. All terms and conditions contained in any purchase order of Buyer or other documents submitted by Buyer are expressly rejected and shall not be binding on Jescraft unless agreed to in writing by an officer of Jescraft.

TERMS OF PAYMENT

Payment terms are net thirty (30) days from the date of Jescraft’s shipment, unless otherwise expressly stated on Jescraft’s quote, order acknowledgement, or invoice. All payments are to be made in U.S. dollars. Jescraft reserves the right to decline to make shipment whenever, for any reason, there is doubt as to Buyer’s financial responsibility and Jescraft shall not in such event be liable for breach or nonperformance of this contract in whole or in part. Jescraft may at its sole discretion, require full or partial payment in advance. Upon Buyer’s failure to submit full or partial payment upon request, Jescraft may cancel or delay any and all orders.

PRICES

Prices shown on published price lists and other documents issued by Jescraft do not represent unconditional offers to sell and are subject to change without prior notice. Prices do not include shipping charges. Orders are accepted at pricing in effect on the date of order. All prices are FOB our factory, or point of shipment.

SPECIFICATIONS

Jescraft is constantly striving to develop new products and improve existing ones. We, therefore, reserve the right to change or revise product designs, product speciﬁcations, and model numbers without notice.

SHIPPING POLICY

Prices are FOB our factory, or point of shipment. All prices exclude shipping charges which will be borne by the Buyer. For additional information or to obtain a quote, please contact the Jescraft Customer Service Team. All transportation costs and risk of freight damage are the obligation of the Buyer. Title of product transfers to the carrier at the point of shipment. It is the carrier’s responsibility to deliver all products in the same condition received. Upon Buyer’s receipt of shipment, Buyer shall immediately inspect the product. Buyer must note damage/incompleteness of product on the delivery receipt before signing for the product. Buyer shall make claims for losses or damages, whether concealed or otherwise, directly with the common freight carrier. Unless Buyer provides written notice to Jescraft of any claim for incompleteness of or damage to the product within 48 hours of receipt, such product shall be deemed finally inspected, checked and accepted by Buyer. It is recommended that damaged items be refused at time of delivery and returned with the carrier. All promises of delivery are made in good faith, and Jescraft will make every reasonable effort to see that they are fulﬁlled. However, if we are unable to meet scheduled delivery dates due to factors beyond our control, such as ﬁres, government directive or failure of our suppliers to meet their promises, we shall not be liable for consequential or special damage. Refused shipments unrelated to loss, damage or defects, will automatically receive a 25% restocking fee plus the cost of the return freight.

RETURNS

Return of goods for repair, warranty claims, credit or any other reason will not be accepted without a RETURN MATERIAL AUTHORIZATION (RMA) number. This information can be obtained from the Jescraft Customer Service Team upon request, provided that all of the necessary information is available regarding the proposed return. Defective goods as determined by Jescraft will be replaced or credited, at the customer’s option, at no additional charge. Custom painted, designed/manufactured or obsolete products cannot be accepted for return.

A minimum 25% restocking charge applies to all non-defective, unused products returned for credit within the ﬁrst 30 days after purchase. Thereafter, a 50% restocking charge will be applied. Products will not be accepted for return 90 days after their original ship date.

All non-defective product returns are to be suitable for resale, not damaged, scratched or marked in any way. Jescraft additionally reserves the right to impose a reworking charge when products are returned damaged and cannot be directly resold. All items to be returned must be sent back to Jescraft via pre-paid freight, with the RETURN MATERIAL AUTHORIZATION (RMA) number clearly noted on the shipment/packing slip. No freight collect shipments will be accepted. If Buyer orders the wrong product by mistake, it may be returned with a reduced restocking charge of 10% if ALL of the following conditions are met: the incorrectly ordered products are returned within 20 days of shipment; the Buyer must pay freight to return the product; the product must be received in like-new condition; the Buyer must immediately place a replacement order of equal or greater value than that of the order being returned. If all of these conditions are met, at the discretion of Jescraft, Buyer may receive the reduced 10% restocking charge.

It is the Buyer’s responsibility to provide adequate packing to protect the product being returned. Jescraft reserves the right to accept or reject the returned product subject to an inspection upon receipt. Returned product that is severely damaged will be rejected and will not qualify for any type of return credit.

SPECIAL ORDERS

We are ready to work with you to customize our products for your needs. Charges for custom colors, product design/manufacturing modiﬁcations will be quoted on an individual basis. Custom painted or manufactured product CANNOT BE RETURNED. Purchase orders CANNOT BE CANCELLED once they are acknowledged by Jescraft. Contact Jescraft’s Customer Service Team for more information.

LIMITED WARRANTY

Jescraft warrants its products, under normal use, to be free from defects in material and workmanship for a period of 12 months from the date of purchase, (hereafter, “Warranty”). Jescraft, at its sole discretion, will replace such defective equipment free of charge provided the products are returned prepaid to Jescraft. Thereafter, repairs will be made at established factory prices. Unauthorized service or repairs by anyone other than authorized Jescraft personnel renders this Warranty void and releases Jescraft from any further responsibility or obligation. Any damage caused by a) the failure to observe instructions or warnings when using the product, or b) the misuse or abuse of product (i.e. failure to properly inspect, service or maintain product prior to use), or c) third-party actions or force majeure, will not be covered by the Warranty. This Warranty also does not cover corrosion or rust resulting from damaged, scratched or chipped paint or other surfaces.

This Warranty is in lieu of all other Warranties expressed or implied and no one is authorized to assume any liability on behalf of Jescraft or impose any obligation on Jescraft in connection with the sale of any product other than as outlined above.

In the event that any direct or indirect customer of Buyer does not agree to the Warranty terms and disclaimer set forth in the preceding paragraphs, the Buyer agrees to defend and indemnify Jescraft from any claim for loss of use, loss of proﬁts or any other direct or indirect, incidental or consequential damages sustained by the direct or indirect customer of Buyer as a result of any failure of Jescraft’s products or any defects in those products or delay in remedying the same.

These Terms and Conditions supersede all prior understanding, communications, policies, agreements, advertising materials or catalogs furnished between you and Jescraft.